The second blog of our mini-series (first post here: A content creator’s guide to potential implications) focuses on the potential impact of the proposed Digital Fairness Act (DFA) on game developers.
Once a niche topic, gaming – particularly online and mobile gaming – has become a thriving part of the digital economy and a favourite pastime for users worldwide. A European Commission (the Commission) study reported that the European video games market generated €23.48 billion of revenue in 2022. In preparation for a possible DFA, the Commission has also put a focus on the video game industry. Game developers should therefore be well aware and perhaps concerned that the DFA could introduce a series of new compliance obligations targeting game design, monetization models, and user interfaces. These obligations could affect game design choices as well as established monetization models for games.
The Commission’s 2026 Work Programme foresees the DFA for Q4 2026. In the run up to a possible legislative proposal, it is critical that game developers understand the proposed changes and their potential impact if they wish to make their voices heard.
I. Potential impact of the DFA on Gaming Platforms
New obligations potentially introduced by the DFA could impact core aspects of game design and monetization, especially regarding (1.) virtual currencies and in-game purchases, (2.) engagement driving designs and gameplay mechanics, and (3.) subscription models, cancellations and contract terms.
1. Virtual currencies and in-game purchases
- The use of virtual currencies in games has been a primary focus in the ongoing DFA discussions: The network of EU consumer protection authorities (CPC Network) has opined in its Key Principles that transactions using in-game currencies are subject to EU consumer protection law, just like purchases with real money. Moreover, the Key Principles also advocate for a stricter handling of such currencies. Such proposals can be expected to be duplicated in the DFA and could result in extensive additional obligations for game developers:
Price indications: The EC is considering the introduction of an obligation for game developers to display the real-world monetary value of in-game purchasable items, even when they are priced in virtual currency.
This would require game developers to redesign their storefronts and user interfaces and displaying the correct real-world value at all times might significantly affect game design.
- Loot boxes and random rewards: It is possible that the DFA will ban the use of loot boxes and randomized rewards completely, thereby removing an important element of game design. Alternatively, the DFA might require game developers to obtain parental consent for minors to purchase paid loot boxes.
- Bundling practices: The DFA could introduce considerable restrictions of bundling practices. As bundling, e.g. bundling sales of virtual currency, is popular with both consumers and game developers, banning or considerably restricting their use might unduly impair game developers’ ability to freely design their product offerings and limit consumer choice.
- Legal classification and withdrawal rights: The DFA might legally classify virtual items and in-app currencies as a digital service or digital content. This would result in the application of the 14-day right of withdrawal under the Consumer Rights Directive, which the CPC Network believes should apply at least to unused virtual currenc[1] y. Implementing withdrawal rights for a high number of in-app purchases might create a significant administrative burden for game developers and cause considerable legal and economic uncertainty for game developers.
2. Engagement driving designs and gameplay mechanics
- The EC’s focus on engagement driving designs and gameplay mechanics could lead to the DFA introducing regulations that deeply affect user experience and game design choices:
- Prohibition of standard user experience features: It is possible the DFA will introduce a ban on features like autoplay of new content or oblige developers to implement natural stopping points. Such measures could considerably restrict a developer's ability to create a seamless user experience.
- Limits on incentives for engagement: The EC is contemplating the introduction of stricter regulation of incentives for continued engagement (e.g., rewards, badges, or pay-to-win models). These features may be prohibited by adding them to the Unfair Commercial Practices Directive's list of per se unfair practices. Such proposals would affect game designer’s freedom of design choices. It is in the legitimate interest of game designers to develop products which are as interesting as possible. If limitations on certain design features are applied, this may deprive game developers of ways to make their games engaging and entertaining for consumers.
3. Subscription models, cancellations and contract terms
Beyond monetization and design, the DFA's proposals could introduce new administrative burdens across the entire product lifecycle – especially for developers offering their games on a subscription basis.
- Creating "notification fatigue" through mandatory reminders: The EC has discussed the implementation of a requirement to send reminders before every automatic subscription renewal. Such a requirement adds another layer of mandatory communication that developers must build, manage, and prove compliance with. As stakeholders noted during the Digital Fairness Fitness Check, this could easily backfire by creating "click fatigue" or being perceived by consumers as "nagging” or “unsolicited advertising".
- Legal uncertainty regarding unfair Terms of Service: It is possible that the list of potentially unfair contract terms contained in the Unfair Contract Terms Directive will be expanded. Alternatively, the DFA may introduce a list of per se unfair contract terms, fully banning their use. However, it is not yet clear which practices might be addressed this way.
II. Outlook
While the proposed DFA is still in the early stages of the legislative process, the direction of regulatory travel is clear. The Commission is moving towards creating stricter rules to govern the digital space, with the gaming industry as a key area of focus.
Stay involved – The deadline for submissions to the public consultation has lapsed, but it is never too late to make your voice heard: While the public consultation on the DFA is over, the discussion about the DFA isn’t. Interested stakeholders should closely monitor further developments.
Stay informed – Browse the EU Digital Fairness Dashboard. To get an overview of the current legal framework and how it already regulates interface designs, you can also check the Freshfields EU Digital Fairness Dashboard (request access here).
