Is Your New Software Made In Accordance With Current Regulations?

The software industry continually evolves, with new technologies and innovations emerging rapidly. Alongside this growth, regulatory requirements and standards have become increasingly stringent, aiming to ensure software users’ safety, security, and privacy. Whether you’re a business owner considering new software for your organization or an individual interested in the software you use daily, it’s crucial to ask: Is your new software made following current regulations? This comprehensive guide explores the significance of software compliance, the fundamental rules that impact software development, and how to verify that your software meets these requirements.

The Importance of Software Compliance

Compliance with regulations is fundamental to ensuring the safety of software users. This is particularly critical for software used in healthcare, aviation, and finance industries, where a software failure can have severe consequences. For people with disabilities, software compliance also extends to accessibility, ensuring that they can use and access digital products and services. In this case, the purpose of the VPAT is to provide transparency regarding the software’s accessibility features and potential limitations. When evaluating software for accessibility, organizations often refer to the Voluntary Product Accessibility Template (VPAT), a standardized document that outlines how well a product aligns with accessibility standards like WCAG.

Key Regulations Impacting Software Development

• General Data Protection Regulation (GDPR)

The GDPR, enforced in the European Union (EU), governs the handling of personal data. Software developers must ensure that their applications protect user data and comply with GDPR requirements, including data minimization, consent mechanisms, and the right to be forgotten.

• Health Insurance Portability and Accountability Act (HIPAA)

HIPAA regulates the use and disclosure of protected health information (PHI) in the healthcare industry. Software used in healthcare settings, such as electronic health record systems, must comply with HIPAA to safeguard patient data.

• Federal Aviation Administration (FAA) Regulations

The FAA imposes strict regulations on software used in aviation and aerospace applications. Compliance is essential to ensure aircraft systems and control software’s safety and reliability.

• Payment Card Industry Data Security Standard (PCI DSS)

Any software that handles credit card transactions must adhere to PCI DSS standards to protect sensitive payment card data. Non-compliance can lead to data breaches and financial penalties.

• Accessibility Standards (e.g., WCAG and Section 508)

To make software accessible to individuals with disabilities, compliance with accessibility standards such as the Web Content Accessibility Guidelines (WCAG) and Section 508 of the Rehabilitation Act is crucial. Non-compliance can result in discrimination lawsuits.

• Software Licensing and Copyright Laws

Software developers must also consider licensing and copyright laws. Failure to adhere to licensing agreements can lead to legal and intellectual property issues.

Verifying Software Compliance

When considering new software, review the vendor’s documentation and policies related to compliance. Vendors should provide information about how their software adheres to specific regulations, such as GDPR or HIPAA. Software vendors sometimes undergo third-party audits or certifications to validate their compliance. To ensure the software meets industry standards, look for certificates like ISO 27001 (information security management) or SOC 2 (security, availability, processing integrity, confidentiality, and privacy).

If your organization relies on software critical to regulatory compliance, consider conducting a legal review or seeking legal counsel to ensure the software aligns with relevant laws and regulations. Gather user feedback to identify any potential compliance issues. Users often encounter and report software issues related to privacy, security, or accessibility.

Software Development Best Practices for Compliance

Conduct a thorough requirement analysis during the initial stages of software development to identify any regulatory constraints and standards that must be met. Implement secure coding practices to protect user data and prevent vulnerabilities that could lead to data breaches. Regularly update and patch software to address security flaws. To safeguard user data, incorporate robust data protection measures, including encryption, access controls, and data anonymization. 

Design software with accessibility in mind, ensuring that it accommodates users with disabilities. Test the software with assistive technologies and adhere to accessibility standards. Maintain detailed documentation of your software development process, including design, testing, and validation procedures. This documentation can serve as evidence of compliance.

Consequences of Non-Compliance

Non-compliance with regulatory requirements can result in legal penalties, fines, and lawsuits. These consequences can be financially burdensome and damage a company’s reputation. Failure to protect user data can lead to breaches, resulting in financial losses, lawsuits, and reputational damage. Non-compliance issues can disrupt business operations, leading to costly downtime and loss of revenue.

Ensuring that your new software complies with current regulations is not just a legal obligation; it’s a critical step in safeguarding user safety, data privacy, and your organization’s reputation. Whether you’re a software developer or a user, understanding the relevant regulations and following best practices for compliance is essential in today’s digital landscape. By prioritizing compliance throughout the software development process, you can create and use software that meets the highest safety, security, and legality standards.