If adopted, the EU regulation will have huge consequences for loot boxes, virtual currencies, subscription services, pay-to-win mechanics, login rewards, and more
Image credit: Marco on Unsplash
After it was leaked earlier this week, the European Commission has formally presented its draft for the Digital Fairness Act today. If adopted, the Act will have a massive impact on the games sector, particularly where virtual currencies are involved.
Crucially, the Digital Fairness Act will take the form of a European Union Regulation, meaning it will apply directly across all EU member states, without the need for national transposition. It will also partly override existing national laws on unfair commercial practices, and it is designed to complement the EU KIDS Act – which is still working its way through the legislative process, and which will also have a big impact on the games industry.
Dark patterns
The first area of relevance for game developers concerns dark patterns in online interfaces (Article 10). These will be prohibited outright. What exactly qualifies as a dark pattern will be defined by a new blacklist, the precise contents of which are not yet known, but which the Commission will be empowered to expand over time.
