Gamеplay & Interactive Entertainment

• Copyright in the Digital Single Market Directive (EU) 2019/790

The Copyright in the Digital Single Market (DSM) Directive sits at the very core of the gameplay and interactive entertainment industry, where creativity, technology, and user interaction converge. Video games are complex works that combine software, audiovisual content, music, narrative, character design, and user-generated elements, all of which are directly affected by this Directive.

For game developers, publishers, and platform operators, the DSM Directive governs how game content is created, distributed, monetised, and shared online. It introduces enhanced rules on platform responsibility for copyrighted content, making it particularly relevant for game distribution platforms, streaming services, modding environments, and user-generated content ecosystems. Platforms hosting gameplay videos, live streams, mods, or in-game creations must now operate within clearer copyright and licensing boundaries.

At the same time, the Directive introduces important exceptions for text and data mining, supporting innovation in areas such as game analytics, AI-driven development tools, and automated testing. It seeks to balance creator protection with technological progress—an essential consideration in an industry built on rapid iteration and community engagement.

By redefining copyright rules for the digital age, the DSM Directive directly shapes how games are shared, streamed, modified, and experienced, making compliance a strategic necessity for sustainable growth, content protection, and monetisation in the interactive entertainment sector.

• Software Directive 2009/24/EC

The Software Directive forms the legal backbone of the gameplay and interactive entertainment industry, where every game is, at its core, a sophisticated software product. Game engines, source code, artificial intelligence, physics systems, and server architecture all fall squarely within the protection framework established by this Directive.

For game developers and publishers, the Directive defines ownership, licensing, and lawful use of game software, determining who controls the code, how it may be modified, and under what conditions it can be distributed. It directly affects engine licensing models, development outsourcing, middleware integration, and cross-platform releases, all of which are fundamental to modern game production.

The Directive also plays a critical role in modding, interoperability, and reverse engineering. While it protects developers against unauthorised copying or exploitation of game code, it allows limited exceptions to ensure technical compatibility and interoperability—issues that are central to multiplayer environments, console ecosystems, and community-driven content.

By harmonising software protection across the EU, the Software Directive ensures legal certainty for game IP, monetisation strategies, and technological innovation, making it a cornerstone regulation for any business operating in the interactive entertainment and gaming sector.

• E-Commerce Directive 2000/31/EC & DSA (EU) 2022/2065 (platform duties)

Online games and interactive entertainment platforms function as digital ecosystems—hosting player accounts, in-game marketplaces, user-generated content, live chats, mods, and streaming integrations. The E-Commerce Directive and the Digital Services Act (DSA) together define the legal responsibilities that govern these platforms.

The E-Commerce Directive establishes the foundational rules on liability of online intermediaries, determining when game publishers and platform operators are responsible for content created by players, streamers, or third-party developers. It enables the operation of online multiplayer environments and community features while setting conditions for notice-and-takedown mechanisms.

The DSA significantly strengthens this framework by imposing active governance obligations on gaming platforms. It introduces rules on content moderation, transparency of in-game advertising, complaint-handling mechanisms, and protection of minors and vulnerable users. For large-scale gaming platforms, the DSA requires structured risk assessments addressing harmful content, exploitative mechanics, and systemic risks arising from online interaction.

Together, these instruments reshape how gaming platforms are designed and operated, transforming content moderation, community management, and monetisation into core legal compliance functions. For the interactive entertainment industry, compliance with platform duties is no longer optional—it is central to trust, scalability, and lawful digital operation within the EU.

• General Data Protection Regulation (GDPR) (EU) 2016/679 (player data, minors)

Player data is the lifeblood of modern gameplay and interactive entertainment. Online games continuously process personal data—user accounts, player IDs, IP addresses, voice and chat communications, behavioural analytics, matchmaking data, and payment information. The GDPR directly governs how this data may be collected, analysed, monetised, and protected.

For game developers, publishers, and platform operators, the GDPR imposes strict obligations on lawful processing, transparency, data security, and user control. These requirements shape game architecture itself, influencing account systems, analytics tools, anti-cheat technologies, live-ops features, and cloud-based infrastructure. Data protection must be embedded into game design through privacy by design and by default, not treated as a post-launch compliance task.

The Regulation is particularly critical where games involve children and minors, which is common in the interactive entertainment sector. Enhanced safeguards apply to parental consent, profiling, targeted advertising, and behavioural tracking. Failure to correctly assess age thresholds or implement appropriate consent mechanisms exposes gaming companies to heightened regulatory and reputational risk.

By enforcing high standards of data protection and accountability, the GDPR transforms player trust into a legal requirement, not a marketing promise. Compliance is therefore not only a regulatory obligation, but a foundational element of sustainable, scalable, and globally competitive gameplay and interactive entertainment operations within the European Union.

• Unfair Contract Terms 93/13/EEC & Consumer Rights 2011/83/EU (in-app purchases, refunds)

In-game monetisation has become a defining feature of modern gameplay—covering in-app purchases, virtual currencies, downloadable content (DLC), subscriptions, season passes, and premium features. The Unfair Contract Terms Directive and the Consumer Rights Directive jointly regulate how these commercial mechanics are designed, presented, and enforced.

For game developers and publishers, these rules directly affect terms of service, end-user licence agreements (EULAs), refund policies, pricing transparency, and purchase flows. Contractual clauses governing virtual goods, automatic renewals, limitation of liability, or unilateral changes to game features must be clear, balanced, and transparent, or risk being deemed unenforceable.

The Consumer Rights Directive imposes strict pre-contractual information obligations for digital content, requiring players to be clearly informed about pricing, functionality, compatibility, and withdrawal rights before completing a purchase. In digital gaming environments—where transactions are often instant and immersive—failure to present this information correctly can trigger regulatory enforcement and refund exposure.

Together, these Directives place consumer fairness at the centre of game design and monetisation strategy. Compliance is not limited to legal text; it shapes how purchase buttons are displayed, how offers are framed, and how refunds are handled. In an industry driven by player engagement and trust, consumer-law compliance is a core operational and reputational safeguard, not a mere formality.

• Audiovisual Media Services Directive 2010/13/EU (as amended) for certain video services/ads

Gameplay today extends far beyond the game itself. It is experienced through trailers, livestreams, esports broadcasts, influencer content, in-game video, and platform-hosted media. The Audiovisual Media Services Directive (AVMSD) governs how this video-driven ecosystem is regulated across the European Union.

For the gameplay and interactive entertainment industry, the AVMSD applies to on-demand video services, video-sharing platforms, and certain forms of audiovisual advertising, including game trailers, sponsored streams, and promotional video content. It introduces clear standards on commercial communications, sponsorship transparency, and protection of minors, all of which are central concerns in gaming environments.

The Directive imposes heightened obligations where content is likely to reach younger audiences. Advertising must not exploit minors’ inexperience, encourage harmful behaviour, or blur the line between gameplay and paid promotion. Influencer marketing, branded content, and embedded advertising within gameplay videos must be clearly identifiable, placing legal responsibility not only on creators, but also on platforms and publishers.

By regulating how games are promoted, streamed, and monetised through video, the AVMSD directly shapes visibility, marketing strategy, and platform governance in the interactive entertainment sector. Compliance ensures that creative promotion and community engagement operate within clear ethical and legal boundaries—essential for long-term trust and regulatory stability in the gaming industry.

• Copyright and Related Rights Act; Computer Programs protection rules

• Personal Data Protection Act (GDPR implementation)

• Consumer Protection Act; E-Commerce Act

• Competition Protection Act (loot boxes/ads—case-by-case)