LegalVideo Games Europe
Public Consultation and Call for Evidence for the Digital Fairness Act Impact Assessment
1 Oct 202537 pages~86 min full read
The European video game industry, which generated €26.4 billion in 2024, argues that existing EU consumer protection frameworks and self-regulatory systems like PEGI and USK are sufficient to address concerns regarding minors and in-game monetization.
See it on page 1Current industry safeguards show high efficacy, with 79% of parents recognizing PEGI labels, 80% familiar with USK age ratings, and 95% of in-game purchases reportedly supervised by adults.
See it on page 19Only 18% of children are permitted to make in-game purchases, supported by parental control tools that now allow for the management of data processing, communication limits, and content sharing.
See it on page 8The industry warns that reclassifying in-game currencies as 'digital representations of value' would create an impractical proliferation of contracts and strip away existing consumer protections.
See it on page 9Existing legislation, including the Digital Services Act and the AI Act, is already deemed sufficient to regulate dark patterns and vulnerability-targeting, making new, restrictive laws potentially redundant and costly.
See it on page 25Industry stakeholders advocate for the use of co-created guidance and existing self-regulatory mechanisms rather than new legislation that could jeopardize market innovation and legal certainty.
See it on page 10The response to the public consultation on the Digital Fairness Act argues that the European Union’s existing consumer‑protection framework, together with the continent‑wide PEGI rating system and Germany’s USK scheme, already delivers the breadth, flexibility and enforcement capacity required to safeguard minors and ensure transparency for in‑game currencies and loot‑box‑type rewards. By emphasizing self‑ and co‑regulatory measures—clear real‑world cost calculations for virtual currencies, mandatory disclosure of reward probabilities, 48‑hour refunds for unused purchases and robust, default‑zero‑spend parental‑control settings—the industry contends that new, draconian legislation would jeopardise a sector that generated €26.4 billion in 2024.
Empirical evidence underpins the argument that current safeguards are effective: only about 18 % of children are permitted to buy in‑game items, 95 % of purchases are supervised, 79 % of parents recognise PEGI labels, and 80 % are familiar with USK age ratings. Survey data also show that parental‑control tools now allow consent to data processing, limit communication and content sharing, and are audited by self‑regulatory bodies such as USK. Multilingual awareness campaigns have been deployed across 16 EU countries, partnering with family and media‑literacy organisations to promote joint play and responsible spending.
The industry further maintains that the EU’s Consumer Rights Directive, Digital Content Directive, Data‑Protection Regulation, AI Act and Digital Services Act already cover “dark‑pattern” and vulnerability‑targeting practices. It calls for concrete, industry‑co‑created guidance rather than expanded definitions that could dilute legal certainty and impose disproportionate compliance costs, especially for subscription‑cancellation mechanisms. Reclassifying in‑game currencies as “digital representations of value” would strip existing protections and generate an impractical proliferation of contracts.
Overall, the position presented seeks to preserve the balance between consumer information, the right of withdrawal and market innovation, urging legislators to enforce and refine current rules while supporting the video‑games sector’s self‑regulatory governance structures that span the EU and address both economic and child‑protection concerns.
