ReportAEVI
El Seguro en el Ámbito de los Videojuegos
1 Jan 202515 pages~19 min full read
Professional Civil Liability (RCP) and Errors and Omissions (E&O) insurance are the primary mechanisms for protecting developers against involuntary contractual breaches and professional negligence.
Cybersecurity insurance is essential for mitigating the operational costs and reputational damage associated with ransomware, data leaks, and hacking incidents.
Insurance policies must specifically cover intellectual property infringement, including claims related to unauthorized use of music, character designs, and concept art.
The Spanish Video Game Association (AEVI) and Pérez-Llorca identify breach of delivery deadlines, computer virus transmission, and unauthorized data intrusions as the most critical operational risks for game studios.
Regulatory compliance, particularly regarding data protection standards enforced by the Spanish Data Protection Agency, is a major driver for adopting comprehensive insurance coverage.
Firms are advised to engage professional insurance brokerages to conduct periodic contract reviews and ensure all operational risks are fully disclosed to maintain policy validity.
This industry guide, developed by the Spanish Video Game Association (AEVI) in collaboration with legal experts from Pérez-Llorca, serves as a strategic framework for managing risk within the video game development and publishing sectors. The primary thesis emphasizes that insurance is an essential mechanism for ensuring the financial viability of projects, acting as an indirect prevention tool against the inherent complexities of game production, such as tight delivery schedules, technical bugs, and intellectual property disputes.
The analysis identifies several critical risk categories specific to the gaming industry, including breach of delivery deadlines, transmission of computer viruses, and unauthorized data intrusions. Key findings highlight that Professional Civil Liability (RCP) and Errors and Omissions (E&O) insurance are the most vital protections for developers, covering involuntary contractual breaches and negligence. Furthermore, the guide underscores the rising importance of cybersecurity insurance to mitigate operational costs and reputational damage resulting from hacking, ransomware, and data leaks, which can trigger significant sanctions from regulatory bodies like the Spanish Data Protection Agency.
The scope of the guidance focuses on the Spanish market, referencing local legal standards and regulatory bodies, while covering the entire industry lifecycle from independent developers and freelancers to large publishers. It details specific coverage areas such as intellectual property infringement—protecting against claims regarding music, characters, and concept art—and liability for defamation or the unauthorized use of public images. Methodologically, the guide provides a practical checklist for insurance procurement, advising firms to utilize insurance brokerages for periodic contract reviews and to ensure all operational risks are disclosed to maintain policy validity.
