sec_4_2_9__para__11

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 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.