LegalVideo Games Europe
Position Paper: Public Consultation for the Fitness Check of EU Consumer Law on Digital Fairness
1 Feb 202315 pages~37 min full read
The existing EU consumer-protection framework is sufficient for ensuring digital fairness in the video-game sector, and no new legislation should be introduced until current powers are fully utilized.
See it on page 2The industry’s self-regulatory PEGI system is a core component of the current framework, currently maintaining approximately 75% consumer awareness regarding age-appropriate ratings.
See it on page 3Existing EU regulations already effectively prohibit manipulative commercial practices such as bait-and-switch tactics and false testimonials within the gaming market.
See it on page 6Historical enforcement actions, including the 2013-14 coordinated efforts on in-app purchases and the 2020 Italian competition authority ruling on loot-box transparency, demonstrate that current mechanisms are capable of curbing unfair practices.
See it on page 7In-game currencies should remain exempt from monetary equivalence regulations, provided that developers display real-currency pricing at the point of purchase and clearly disclose transaction details.
See it on page 12The European Commission should prioritize the publication of clear, ex-ante guidelines on fair commercial practices rather than creating new rules that risk duplicating or undermining established consumer-protection instruments.
See it on page 15The analysis contends that the existing EU consumer‑protection framework is already adequate for ensuring digital fairness in the video‑game sector and should be fully deployed before any new legislation is considered. It calls for a coordinated, holistic approach that aligns the 2021 Guidance on digital services and the enforcement powers granted by the Omnibus Directive, and urges the European Commission to publish clear, ex‑ante guidelines on fair commercial practices. The industry’s self‑regulatory PEGI system, which enjoys roughly three‑quarters consumer awareness and provides age‑appropriate ratings, is presented as a cornerstone of this coordinated framework.
Evidence is offered that the current acquis effectively bans manipulative tactics such as bait‑and‑switch and false testimonials, with notable success in the gaming market. Coordinated actions by national consumer protection authorities on in‑app purchases during 2013‑14 and the Italian competition authority’s 2020 commitments on loot‑box transparency illustrate the system’s capacity to curb unfair practices. The analysis warns that forthcoming rules could duplicate or undermine these established mechanisms.
A specific argument is made regarding in‑game currencies, which are characterised as non‑convertible digital content lacking real‑world monetary value. Accordingly, they should be exempt from “monetary equivalence” regulations, provided that transparency is achieved by displaying the real‑currency price at the point of purchase and clearly informing players of the transaction details. The overall recommendation is to rely on the existing EU consumer‑protection instruments, reinforced by industry self‑regulation, to safeguard digital fairness across the European video‑game market.
