The consumer “pays” for using the game, content or service by providing personal data (within the meaning of the EU General Data Protection Regulation).It also may cover “free” games, content or services if three conditions are met: The Directive not only applies to games, content or services that can be obtained for a fee. In-game “purchases” (virtual items or virtual currencies).Downloadable content (DLCs), such as new maps or quests, additional skins, or otherwise extended game content.Video games that can be obtained for a fee as such, no matter if distributed via hardcopy or download.The Directive will affect the Video Games Industry in particular, especially with regard to the following aspects:
How does the Directive affect the Video Games Industry? The last circulated version of that draft seemed to mirror the Directive’s wording quite closely. The local transposed measures are to be applied by 1 January 2022.According to the official transposition status tracker, only Bulgaria, France and Austria seem to have published the transposition law by 1 July 2021.In Germany, the draft law has passed most of the legislation steps, but has not been passed and published yet. The EU Member States’ transposition deadline is 1 July 2021. Have the EU Member States already implemented the Directive properly? Thus, the scope of the Directive was defined very wide does apply regardless of the underlying technology. It has been adopted in order to get one step closer to full coverage of digital content and a future-proof system. The Digital Content Directive 1 (the “ Directive”) is an instrument to (further) harmonize consumer contract law across the EU.
What is the background of the EU’s Digital Content Directive? The gap between the “ancient laws” and reality rarely is as obvious as when it comes to dealing with legal aspects related to the Video Games Industry. Hence, applying the laws to the online world sometimes appeared awkward or at least more difficult. Impact of the EU’s Digital Content Directive on the Video Games Industryįor a long time, the legislators only had the offline world in mind.
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