The European Commission presented its draft of the Digital Fairness Act on Wednesday. It is a proposed EU regulation, so if it passes through Parliament and the Council, it would apply directly in every member state. The aim is to better protect consumers online, especially children and other vulnerable categories, and several rules target video games.
For games, it has several main rules. Prices shown in virtual currencies would have to be transparent. Loot boxes would have to show the chance of winning, couldn’t be offered to minors, and any consumer could switch them off. Pay-to-win and pay-to-progress mechanics would be banned for minors. Adults would also be able to turn off features built to encourage compulsive use, a list the Commission could extend later. Dr Andreas Lober, a partner at the law firm ADVANT Beiten, writes for GamesIndustry.biz that these include autoplay, push notifications the user didn't trigger, and login rewards or streaks. He also says that for products aimed at minors, paid virtual currencies would be off by default until a parent or guardian agrees.
The proposal also bans dark patterns, with the banned practices listed in an annex that the Commission could update, and it limits personalized ads and pricing that could harm minors or vulnerable consumers. Subscriptions get similar treatment: a free trial could become a paid plan only with the consumer's active agreement and a reminder first; renewals would come with a reminder, and companies would have to offer an online way to cancel and a way to reach a person in customer service.
Minors are anyone under 18. Whether a product is aimed at them is judged by objective signs, and age rating systems such as PEGI can count. Lober writes that games rated 18+ would face fewer limits than all-ages titles, which could push developers toward higher ratings. He also says the Commission seems to feel the industry hasn't done enough about consumer groups' concerns, while the industry argues the Commission doesn’t fully understand how games work or what PEGI and USK already do.
The proposal now goes to the European Parliament and the Council for negotiation.
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