All digital games generate data and many data uses are necessary and therefore permitted for the functioning, improvement and further development of computer and video games. game advocates a modern data law that takes informational self-determination seriously and at the same time makes economic and technical progress possible.
The European GDPR was a first important step on the way to a digital internal market with uniform competition conditions and generally applicable data protection standards. In order to further harmonise data protection rules, the ePrivacy Regulation is also intended to introduce new rules on electronic communication (cookies). For the games industry, it is important that this Regulation also allows data to be used to improve the gaming experience. Data processing for legitimate interests should therefore be permitted. In addition to uniform regulations throughout Europe, equal application of the law in all European countries and, if possible, centralised supervision in Germany are also needed. For the international computer and video games industry in particular, international agreements for data transfer to other countries are indispensable, for example following the Brexit with Great Britain or because of the recent ruling of the ECJ (Schrems II) on the EU-US Privacy Shield with regard to server-based games. Here, the EU and also the data protection authorities must find solutions as quickly as possible to ensure that data can be used in a legally secure manner.
MMR Supplement 08-2020 – Data processing in the video game industry