§4.2.9 Gaming

Video games, mobile games and online games feature a variety of commercial practices that may raise fairness concerns under the UCPD, in particular for vulnerable consumers such as children and teenagers, who merit special protection under Article 5(3) UCPD (see section 2.6 on vulnerable consumers). Games could include in-game promotions and advertisements, which increase the risk of hidden marketing and could amount to a misleading practice under Articles 6 and 7 UCPD, unless the commercial element is made sufficiently clear and distinguishable from gameplay. This concerns both in-game purchases and products available outside of the game. The disclosure has to take into account the medium in which the marketing takes place, including the context, placement, timing, duration, language and target audience. Furthermore, under point No 28 of Annex I, it is prohibited to include direct exhortations to children to buy products. This includes putting pressure on a child to buy an item directly or to persuade an adult to buy items for them. Studies have shown that children are less likely to notice and understand the commercial intent of advertisements in games, as compared to more direct advertisements on television (376). When offering in-game purchases, traders must ensure that they comply with the information obligations in Article 7 UCPD and the CRD. The main characteristics of the product must be clearly described and the prices of virtual items must be clearly and prominently displayed (also) in real currency. If the price cannot reasonably be calculated in advance, the trader should indicate the manner in which the price is to be calculated. The prices of virtual items must be clearly and prominently displayed in real currency when the commercial transaction takes place. When offering ‘early access’ games, meaning games that are still in development, traders should be clear about what the consumer can expect, for example in terms of the content of the early access game and its development prospects. Traders should make use of platform-level parental controls offered by the platform on which the game will be available (e.g. parental control tools that allow parents to disable spending). Under Articles 7(2) and 7(4)(d) UCPD and Article 6(1)(g) CRD, consumers must be clearly informed about the arrangements for payment before each purchase. Under the CRD, any purchase requires the consumer’s express consent and the trader needs to provide the consumer with the necessary information. Moreover, Article 64 of the Directive (EU) 2015/2366 on payment services requires payer's consent to execute the payment transaction and states that, in the absence of such consent, a payment transaction is considered to be unauthorised. Furthermore, the default setting for payments should not allow purchases to be made without the consumer’s explicit consent (e.g. via a password). When the system provides for time slots for the validity of consent (e.g. a 15 minutes slot), traders should request consumer’s explicit consent in relation to the applicable duration. Certain commercial practices in games, including embedded advertisements, could amount to an aggressive practice under Articles 8-9 UCPD. This may be the case if the practices involve the use of behavioural biases or manipulative elements relating to, e.g. the timing of offers within the gameplay (e.g. offering micro-transactions during critical moments in the game), pervasive nagging or the use of visual and acoustic effects to put undue pressure on the player. Furthermore, commercial practices could be personalised and take into account specific information about the gamers’ vulnerabilities. The combination of practices in a game (e.g. appeal to children or other vulnerable groups, use of micro-transactions, embedded and non-transparent advertising) exacerbate the consumer impact. In addition to the concerns related to children and young people, the increased susceptibility to commercial communications and manipulative practices could also affect adult gamers, especially during lengthy and immersive gameplay. A related point of concern regards gaming content with gambling elements, such as addictive interface designs involving slot machines, certain loot/mystery boxes or betting. Some Member States consider such elements to fall under gambling legislation, which may entail additional requirements going beyond the UCPD (377), such as licencing authorisations, or banning the use of gambling elements in games altogether. For example: An online game uses algorithms to determine, on the basis of the playing habits of the user, its ‘risk taking score’ to personalise the timing of in-game offerings of loot boxes, the chances of obtaining a highly valued item in a loot box, the strength of adversaries in the game, all with the purpose of keeping them glued to the game and increase in-game spending. The algorithms are used to target addiction-prone players in particular. This may constitute an aggressive practice. The presence of paid random content (e.g. loot boxes, card packs, prize wheels) should be clearly disclosed to the consumer, including an explanation of the probabilities of receiving a random item. For example, loot/mystery boxes are in-game content that generally include random items that have relevance in the game (e.g. weapons, skins, game currency, advancement options) (378). The sale of loot boxes in games must comply with the information obligations under the CRD and UCPD concerning the price and main characteristics of the product. For example: A national authority received commitments from a game producer about the information presented about in-game purchases, including loot boxes. The authority noted that maximum clarity and transparency is needed for consumers and parents as to whether such purchases can be made, especially in relation to loot boxes, where randomness is a main feature (379). In the area of gaming apps, in 2013-2014 the Commission and national authorities tackled unfair practices concerning games that offer in-app purchases and that are likely to appeal to or to be played by children (380). Their common position highlighted that under No 20 of Annex I and Article 7(4)(c) UCPD and Article 6(1)(e) CRD, only games where in-app purchases are optional can be presented as ‘free’ without misleading consumers. Conversely, a game cannot be marketed as ‘free’ if the consumer cannot play the game in a way that can be reasonably expected without making in-app purchases. This is to be assessed on a case-by-case basis for each app that includes in-app purchases. It was also underlined that a game found to be in compliance with point No 20 of Annex I as concerns the use of the word ‘free’, can still be assessed under other provisions of the UCPD, such as Articles 6 to 9, to make sure that other elements, like how price information is displayed, are not misleading or aggressive. Furthermore, point No 28 of Annex I and Article 5(3) UCPD prescribe that games targeted at children, or which traders can reasonably foresee to be likely to appeal to children, must not contain direct exhortations to children to buy additional in-game items.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07