Augmented reality: What are the legal realities?
Getting the contract correct
The relationship between the retailer, developer and platform providers can often be fairly complicated and therefore requires a number of different contracts.
In particular, any agreement between the retailer and the developer should include a service level and service credit mechanism to ensure that the end-product is produced on time and then appropriately maintained.
AR output: who owns the IP?
Does the AR product allow end-users to develop or publish content, such as an app that lets the user create and then publish a new design for a clothing retailer or amend existing product lines?
Data: the devil will be in the detail
Retailers will need to ensure that end-users have been adequately informed and the data they provide through use of the AR tool is lawfully processed and secure.
The end-user must consent to the specific use of their data and they must be able to withdraw this consent at any time. Burying the detail in a privacy policy or making use of the service conditional on accepting the privacy policy will not be good enough.
Who’s responsible if something goes wrong?
Who should be responsible if an end-user suffers loss, such as an injury, as a result of using the AR product on offer?
Under English law, liability for certain losses – such as death or injury caused by negligence and fraudulent acts – cannot be excluded. However, where the liability sits for all other matters and who takes the risk of liability is generally up for negotiation and should be considered before embarking on an AR project.
See the full story here: https://www.retail-week.com/topics/policy-and-legal/augmented-reality-what-are-the-legal-realities/7025061.article