Consumer protection

The games industry is aware of its responsibility towards consumers and relies on simple and uniform rules that are easy to understand. Particularly for international games publishing, it is important that consumer protection rules are as uniform as possible, at least in Europe.

With the EU Directive on Digital Content and Digital Services (DCD), a special sales and warranty law for digital content, such as in-game currency, has been in force since 1 January 2022. Since then, the German Civil Code (BGB) has contained specific obligations for digital products; where these are not met, consumers are entitled to extensive warranty claims – up to and including a refund of the purchase price and, in effect, the return of their data if games do not function as contractually agreed. This also includes the so-called update obligation, according to which games providers must ensure that games function on the announced platforms. Games providers can, of course, discontinue their games if they are no longer profitable. In doing so, however, they will in future have to take into account a code of conduct that is currently being developed. With the Act on Fair Consumer Contracts, the German legislator has created rules that go beyond the EU requirements, limiting contract terms and introducing a new button solution for cancellations.

At the European level, the planned Digital Fairness Act (DFA) marks the next major reform of digital consumer law. With it, the European Commission intends to regulate, among other things, manipulative design practices (“dark patterns”), addictive design and the protection of minors in the digital space – topics that can also affect game mechanics and in-game purchases. A legislative proposal by the European Commission is expected for the end of 2026. For the games industry, it will be crucial that established game mechanics and game design are not placed under a blanket suspicion of manipulation and that no double regulation arises with regard to the well-established rules on the protection of minors.

For further information, the association has published supplements in the legal journal MMR: MMR 08-2022 – Supplement on Digital Consumer Protection and MMR 08-2026 – DFA and Games