AEVI

Association

44 documents

Spanish video games industry association. Publishes annual yearbooks (Anuario), economic impact studies, esports guides, accessibility white papers, and market reports.

Documents

Report

Aspectos Laborales en el Desarrollo de Videojuegos

The guide aims to equip professionals in the Spanish video‑game sector with a practical framework for complying with national labour legislation while fostering safe, flexible and sustainable work environments. It stresses that employment relationships must be governed primarily by the Estatuto de los Trabajadores and the 2022 labour reform, positioning indefinite contracts as the default model and limiting temporary contracts to production‑related needs or substitution of specific workers. Key legal risks are highlighted, notably the use of “falso autónomo” arrangements. Indicators such as dependence, lack of entrepreneurial risk, fixed remuneration and provision of equipment can reclassify a contractor as an employee, exposing firms to Social Security back‑payments of up to €50 000, fines ranging from €3 750 to €12 000 per case and additional penalties of 100‑150 % of the owed contributions. Incorrectly formalised temporary contracts trigger automatic conversion to permanent status and fines between €751 and €7 500 per affected worker. The document outlines the regulatory regime for teleworking, requiring a voluntary agreement, employer‑borne provision costs of roughly €25‑35 per month, and detailed specifications on schedules and monitoring tools. Non‑compliance is penalised as a grave infringement with fines identical to those for improper temporary contracts. Prevention of occupational risks, especially the “crunch” phenomenon, is mandated under the 1995 Prevention of Risks Law; violations can attract fines from €45 up to €983 736, and employers may face civil liability for work‑related injuries or illnesses. Additional obligations include mandatory daily working‑time records introduced in 2019, the use of irregular‑hour distribution up to 10 % of total hours with five‑day notice and strict rest‑period safeguards, and the implementation of digital‑disconnection protocols, equality plans for firms with more than fifty employees, whistle‑blowing channels and digital‑device usage policies. The guide, authored by legal experts and industry consultants, synthesises statutory provisions and recent reforms to provide a comprehensive compliance checklist for developers, publishers and marketing teams operating within Spain’s

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AEVIJan 2025

Report

Insurance in the Video Game Sector: Spain

The guide explains that insurance is a critical safeguard for video‑game development in Spain, where tight schedules, complex technical workflows and the involvement of multiple parties create a range of legal and financial exposures. Its central thesis is that appropriate coverage not only mitigates the impact of unforeseen events but also functions as an indirect prevention tool, protecting both small studios and independent creators from liabilities that could jeopardise a project’s completion and commercial success. Key risks identified include failure to meet delivery deadlines, software bugs, transmission of computer viruses, cyber‑attacks, data‑protection breaches, intellectual‑property infringements, defamation, and malicious acts by employees. Each risk is linked to potential legal consequences such as contractual liability, third‑party compensation claims, regulatory penalties from the Spanish Data Protection Agency, and reputational damage. The guide matches these exposures to specific insurance solutions: Professional Liability Insurance (PLI) and Errors & Omissions (E&O) for contractual and professional errors; Cybersecurity Insurance for hacking, ransomware and data‑loss incidents; Multi‑Risk and General Civil Liability policies for broader operational hazards; and specialised coverage for intellectual‑property disputes, defamation and employee misconduct. The scope is national, focusing on the Spanish video‑game sector and addressing developers of all sizes, from freelancers to larger studios. While the guide does not present original empirical research, it draws on prevailing market offerings and legal frameworks to construct a practical risk‑assessment matrix. Recommendations emphasize engaging insurance brokers to conduct tailored assessments, compare policy terms, and periodically review coverage, with clear procedural steps for application, policy issuance, amendment periods and premium payment. Overall, the guide provides a comprehensive checklist for selecting and maintaining insurance that aligns with the specific vulnerabilities of video‑game projects, underscoring the importance of proactive risk management in a highly competitive and technically demanding industry.

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AEVIJan 2025

Report

Employment Issues in Video Game Development: Spain

The guideaims to help video‑game publishers, developers and related staff in Spain navigate employment legislation while fostering safe, productive workplaces. It stresses that compliance with the Workers’ Statute, the 2022 labour reform and the Remote‑Working Law is essential to avoid costly legal sanctions and to protect staff from the health‑risk phenomenon known as “crunch.” Key findings highlight the danger of false self‑employment, where workers appear independent but are actually subject to employer control. Spanish courts identify dependency, subordination and fixed remuneration as hallmarks; violations can trigger Social‑Security fines of €3,750‑€12,000 per worker, plus surcharges up to 150 % of unpaid contributions. The guide confirms that indefinite contracts are the default; fixed‑term contracts are permissible only for production‑related needs or to replace absent employees, with a maximum six‑month duration for the former and 90 days per calendar year for the latter. Misusing temporary contracts converts the relationship to permanent status and incurs fines of €751‑€7,500 per affected employee. Remote work must be voluntarily agreed, cover at least 30 % of a worker’s time, and include employer‑funded equipment costing roughly €25‑€35 per month; non‑compliance also attracts fines of €751‑€7,500. Occupational‑risk prevention is mandated under Law 31/1995, with penalties ranging from €45 to €983,736 depending on severity, and requires systematic risk analyses to curb physical and psychosocial harms linked to crunch periods. Additionally, firms must maintain objective daily time‑recording systems, respect the irregular distribution of hours (up to a 10 % pool, notified five days in advance), and implement digital‑disconnection protocols, equality plans for organisations with over 50 employees, and whistle‑blowing channels. Overall, the guide provides a practical checklist for Spanish video‑game companies: verify contract types, assess self‑employment arrangements, formalise remote‑work agreements, enforce occupational‑risk measures, and ensure accurate time‑keeping and compliance with broader digital‑and‑equality obligations, thereby reducing legal exposure and promoting healthier work environments.

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AEVIJan 2025

Report

Guías AEVI: Propiedad intelectual e industrial

The guide aims to equip video‑game developers and publishers with a practical framework for safeguarding the creative and technical assets that constitute a game’s intellectual and industrial property. It clarifies the dual nature of IP under Spanish law—copyright and related rights on the one hand, and industrial property (patents, trademarks, designs, trade secrets) on the other—explaining which categories protect specific game elements such as scripts, music, graphics, code, user‑interface designs, character names and logos. Key conclusions stress that copyright arises automatically upon creation, lasting 70 years after the author’s death (or 70 years from disclosure for collective works), while related rights endure 50 years. Trademark protection requires registration and lasts ten years per filing, renewable indefinitely; design protection covers the external appearance of a GUI for five‑year periods, renewable up to 25 years. Trade‑secret measures rely on confidentiality agreements and technical safeguards rather than formal registration. The guide also outlines the legal regimes governing ownership of works created by employees, freelancers or collaborators, noting that Spanish law lacks a “work‑for‑hire” concept and therefore mandates explicit written assignments of exploitation rights, typically detailed in employment or service contracts. Practical recommendations include a step‑by‑step checklist for identifying each asset, determining the appropriate protection mechanism, confirming that all contributors have assigned their rights, and implementing NDAs to preserve secrecy during development. The guide further outlines limited exceptions for using third‑party material—public‑domain works, specific statutory limits, and narrowly defined descriptive uses of trademarks—while warning that doctrines such as “fair use” are not recognized in the EU. Overall, the document provides a comprehensive, Spain‑focused roadmap for building a robust IP portfolio that enhances a game’s market value and minimizes infringement risk.

regulation intellectual-property spain

AEVIJan 2025

Report

AEVI Guides- Videogames and intellectual and industrial property

The guide aims to equip video‑game developers and publishers with practical knowledge for building a robust intellectual‑property (IP) portfolio that safeguards creative assets and minimizes infringement risk. It clarifies the legal distinction between copyright‑related rights, which protect artistic and literary expressions, and industrial‑property rights such as patents, trademarks, industrial designs and trade secrets, emphasizing that trademarks and designs are the most relevant instruments for the sector. Key points outline how each component of a game—script, dialogue, soundtrack, character graphics, user‑interface, source code, middleware and databases—can be protected. Copyright arises automatically upon creation and lasts 70 years after the author’s death (or 70 years from disclosure for collective works); registration at the General Registry of Intellectual Property can serve as evidence of ownership. Trademarks require filing with the Spanish Patent and Trademark Office or the EUIPO, granting ten‑year protection renewable indefinitely, while industrial designs protect the visual appearance of GUIs for five‑year terms, renewable up to 25 years. Trade‑secret protection relies on confidentiality agreements and technical safeguards for non‑public information such as storylines or novel mechanics. The guide stresses that, under Spanish law, employees retain initial rights to their creations, so studios must secure written assignments—preferably exclusive, worldwide and lasting until the work enters the public domain—to ensure exploitable rights. Collective works, common in game development, confer ownership to the coordinating developer or publisher. For third‑party content, the document outlines limited exceptions—public‑domain use, statutory limits, and narrowly defined descriptive uses of trademarks—while noting that the EU does not recognise a broad “fair‑use” doctrine. Overall, the document provides a comprehensive, jurisdiction‑specific framework for protecting video‑game assets across Spain and the European Union, guiding stakeholders through registration procedures, contractual safeguards and permissible uses of external material to secure commercial value and legal certainty.

regulation intellectual-property spain

AEVIJan 2025

Report

Guide to Consumer Rights, Advertising and Data Protection: Spain

The guide is intended to equip Spanish video‑game publishers, developers and marketers with a practical understanding of the legal framework governing consumer rights, advertising and data protection. It draws on the General Law for the Defence of Consumers and Users, the General Advertising Law, the Unfair Competition Law, the General Data Protection Regulation and the Spanish Organic Law on Data Protection, applying them to digital products released in Spain throughout 2025. Key consumer‑protection provisions require clear pre‑purchase information, a 14‑day withdrawal right for most digital purchases, and safeguards against unfair terms such as unilateral contract changes. Exceptions apply to virtual currencies, physical copies that have been opened and age‑rated titles once gameplay begins. Developers must maintain and communicate updates, while digital assets—including NFTs—must be presented with transparent licensing terms and explicit notices when the right of withdrawal is lost. Advertising must avoid misleading claims, covert sponsorship, political content outside election periods, and any material that exploits minors, encourages violence, discrimination or unhealthy behaviours; influencer promotions must be marked with visible disclosures such as #Sponsored or #Ad. Data‑protection obligations centre on distinguishing controller and processor roles, informing users through layered privacy notices, and securing personal data—including special categories—via documented processing activities and contractual safeguards. For users under 14, parental consent must be verified through age checks or electronic signatures. The guide concludes with a checklist summarising rights to information, withdrawal, fair advertising, loot‑box age verification, ongoing game maintenance and GDPR‑compliant data handling.

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AEVIJan 2025

Report

Power of Play: Informe Global de Videojuegos 2025

The research surveyed more than 24,000 active gamers from 21 nations on six continents, representing a broad cross‑section of the global gaming population (average age 41, 48 % female). Its central thesis is that video games function as a powerful catalyst for cognitive, social, educational, and mental‑health benefits, extending far beyond entertainment. Across all regions, a majority of players report gaming primarily for fun (56 %), stress relief (55 %) and mental stimulation (46 %). Mobile devices dominate usage (55 % of respondents), followed by PCs/laptops and consoles, while 73 % say gaming reduces feelings of isolation and 81 % view it as mentally stimulating. Perceived skill development is strong: 77 % associate gaming with enhanced creativity, 74 % with problem‑solving, and substantial portions note improvements in teamwork, resilience and social interaction. The survey highlights a professional impact, with 43 % globally—reaching 76 % in Nigeria and 70 % in India—believing gaming positively shaped their education or career. Mental‑health outcomes are equally pronounced; 70‑90 % report reduced stress, increased happiness and a healthier outlet for daily challenges, with the highest well‑being scores in India, Nigeria and Mexico. Online multiplayer is identified as the primary social connector, cited by up to 96 % of respondents. Complementary academic research corroborates these findings, showing that digital games boost learning engagement, reading skills and decision‑making, while immersive technologies such as AR/VR enhance performance in high‑stress professional settings, including medical surgery and aerospace training. Collectively, the evidence positions video games as a validated tool for skill development, education, and mental‑health recovery across diverse global markets.

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AEVIJan 2025

Legal

La Financiación de un Videojuego: España

The guide aims to equip Spanish video‑game developers and publishers with a practical framework for securing external financing, emphasizing investment agreements (AI) as a flexible alternative to traditional bank credit. It outlines the full spectrum of financing routes—own capital, debt, and hybrid structures—explaining how AI combine cash infusion with a revenue‑share model while granting investors political and economic rights comparable to shareholders without requiring immediate equity participation. Key findings describe the typical architecture of an AI: an investor provides funds in one or several tranches linked to development milestones; in return the investor receives a defined percentage of the commercial proceeds and acquires voting, dividend and decision‑making privileges within the development company (SDV). The guide contrasts AI with standard equity investment and pure debt, noting that AI offer variable repayment horizons, potential capitalisation of the credit into equity, and a risk profile that aligns investor returns directly with project performance. A detailed catalogue of customary clauses is presented, including profitability targets with time‑bound return thresholds, capitalisation rights for insufficient revenue, warranties on the developer’s financial and legal status, confidentiality obligations, “bad leaver” provisions for founders, and preferential rights to future capital increases or share purchases. These provisions aim to protect investor interests, ensure project fidelity, and manage exit scenarios. The analysis concludes that while AI provide sector‑savvy investors with greater exposure to project risk and consequently stronger influence over governance, they also enable developers to access capital without diluting ownership at the outset. In a market increasingly characterized by acquisitions and external funding, understanding and negotiating AI terms is essential for maintaining control and achieving sustainable profitability. The guide is targeted at Spanish‑based studios and publishers operating in 2025, offering a concise checklist and glossary to support the design, negotiation, and execution of investment agreements within the video‑game industry.

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AEVIJan 2025

Report

Financing Video Games: Spain

The guide aims to equip Spanish video‑game developers and publishers with a practical framework for securing external financing beyond traditional bank credit. It argues that investment agreements (IAs) represent a flexible, hybrid model that can bridge the gap between shareholders’ equity and debt, allowing investors to fund projects while retaining political and economic rights comparable to shareholders without immediate capital‑increase obligations. Key content outlines the typical structure of an IA: investors provide lump‑sum or milestone‑linked capital, receive a defined share of commercial revenues, and obtain voting, dividend and information rights. Comparative analysis shows that, unlike standard debt, IAs do not impose fixed repayment schedules, instead tying returns to project profitability and offering conversion mechanisms that can transform credit into equity if revenues fall short. The guide enumerates standard clauses—profitability timeframes, capitalisation rights, representations and warranties, confidentiality, “bad‑leaver” provisions, and pre‑emptive rights—to protect both parties and manage risk. An illustrative example notes that a €100 investment with a 20 % return target is achieved once the project generates €120 in revenue. The scope is national, targeting the Spanish video‑game sector and addressing developers of any size who seek alternative funding. Authored by legal counsel from Pérez‑Llorca and the Asociación Española de Videojuegos, the document draws on industry practice rather than empirical surveys, presenting a checklist and glossary to support contract drafting and due‑diligence processes. Its conclusion stresses that, as acquisitions and external investments rise, IA investors will increasingly influence project governance despite not holding formal share capital.

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AEVIJan 2025

Report

Videojuegos en el Aula: ¿Qué se está haciendo en España? Manual para docentes 2025

Video games have become a central cultural and educational tool in Spain, where more than 22 million people—over half of them women—play an average of 8.2 hours each week. This widespread engagement is leveraged to motivate learning, prompting the development of a coordinated ecosystem that supplies teachers with curated resources, professional training, and ready‑to‑use platforms such as Dok Student, Cokitos, Mundo Primaria, Eutopía and Escapeweb. Publicly funded titles like ABC Dinos, BookyPets and Quijote: Quest for Glory employ RPG, tower‑defense and card mechanics to reinforce early literacy, while historically grounded games such as Dîrok, Plus Ultra Legado and El Enigma de Toledo integrate rigorous research into curricula, supporting both STEM competencies and language development. A parallel surge in health‑oriented games addresses the mental‑health concerns of Spanish adolescents, with 41 % reporting problems and one‑third never having discussed them. These applications aim to provide preventive support and therapeutic engagement within school settings. Meanwhile, esports and gamified learning are gaining institutional traction; a national competition rewards winning schools with €20 000 in technology, and industry partnerships like GGTech’s site visits illustrate viable career pathways. Complementary initiatives, such as Cruz Roja’s 150‑hour Unity programming course for unemployed youth and the Andalusian “Desafía & Aprende” program, further embed game design skills into broader employment strategies. Overall, the Spanish educational landscape demonstrates a rapid, multi‑sectoral integration of video games that spans literacy, history, health, and vocational training, reflecting a strategic response to the medium’s pervasive cultural presence and its potential to enhance learning outcomes across the country.

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AEVIJan 2025

Legal

Guía sobre derechos de los consumidores, publicidad y protección de datos: España

The guide serves as a practical reference for video‑game publishers, developers and marketers operating in Spain, outlining how consumer‑protection, advertising and data‑privacy regulations apply to digital game products. Its central thesis is that compliance with the General Law for the Defense of Consumers and Users, the General Advertising Law, the Unfair Competition Law and the EU General Data Protection Regulation (GDPR) is essential not only to avoid legal sanctions but also to build trust with players, including minors. Key findings stress that gamers enjoy the same rights as purchasers of physical goods, notably a 14‑day withdrawal period, clear information on pricing, age‑rating labels and protection against abusive contract clauses. Developers must maintain and communicate updates, and they are obliged to disclose the legal nature of non‑fungible tokens (NFTs), ensuring transparency about ownership, licensing and the irrevocability of blockchain transactions. Advertising rules prohibit concealed sponsorship, misleading urgency, false reviews and any content that exploits minors, promotes violence, discrimination or unhealthy behaviours; influencer promotions must carry explicit sponsorship disclosures. Data‑privacy obligations require clear privacy notices, lawful bases for processing, secure handling of personal and special‑category data, and parental consent for users under 14, with documented procedures for verification. The scope covers the Spanish market and applies to all digital game content, in‑game purchases, loot boxes, NFTs and related services, without reference to a specific time frame beyond the 2025 publication date. The methodology consists of a synthesis of existing national and EU legislation, interpreted for the video‑game sector, and presented as actionable checklists rather than empirical research. By following the outlined practices, industry actors can align their operations with current legal standards and mitigate regulatory risk.

advertising marketing spain+1

AEVIJan 2025

Report

El Seguro en el Ámbito de los Videojuegos

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.

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AEVIJan 2025