Modern games have found plenty of ways to make a small purchase more
complicated than it should be. You buy in-game currency instead of the
item you want, spend that currency on a random reward, and sometimes end
up with just enough left over to tempt another top-up.
Now, the
European Commission
wants to put limits on some of these practices. On November 11, it
unveiled the proposed Digital Fairness Act, a set of consumer-protection
rules covering loot boxes, premium currencies, subscription traps, and
manipulative design, and although games aren’t its only target, they’re
very much part of it.
Loot Boxes and Pay-to-Win Mechanics Face Restrictions
Under the proposal, games could no longer sell paid loot boxes to
minors. Adults would still be allowed to buy them, but publishers would
have to show the possible rewards and their odds, and give players an
accessible way to turn the system off.
Pay-to-win and pay-to-progress mechanics would also be prohibited for
minors. That second term is important because it could cover purchases
that let players skip a grind, not just items that give them an
advantage over someone else. Where the law draws that line will matter
to publishers whose games rely on paid progression boosts.
Premium currencies are another target. Games would have to show what an
in-game purchase costs in real money. Players shouldn’t have to do the
math just to find out what an item costs. Paid virtual currencies would
also be switched off by default for minors unless a parent or guardian
approves them.
Brazil passed a law against loot boxes for children last year, but the EU proposal covers more ground. It also doesn’t mean adults
are about to lose access to every microtransaction.
Dark Patterns and Subscription Traps Are on the List
Outside gaming, the proposal targets “dark patterns” – misleading
prompts and interfaces designed to push people into choices they didn’t
intend to make. That includes fake urgency, confusing options, and other
tricks meant to keep people spending.
Subscriptions would get stricter rules, too. A free trial could only
become a paid subscription with explicit consent, and canceling online
should be straightforward. The Commission also wants renewal reminders
instead of leaving customers to discover another charge after it’s
happened.
Players shouldn’t have to do the math just to find out what an item costs.
Another part deals with addictive design. Businesses would have to let
users disable certain features that encourage excessive use, such as
unwanted notifications, autoplay, and streak rewards. The proposal also
calls for clearer influencer advertising and tighter limits on
personalized ads and prices aimed at minors.
The Commission
also highlights the difficulty of reaching a human customer-service
representative. Earlier this month, a Battlefield 6 player won a court
case against EA after an unexplained ban and unsuccessful attempts to
appeal. That’s a separate dispute, but the frustration of getting
nowhere with support will sound familiar to plenty of players.
The Gaming Industry Isn’t Happy
The gaming industry has already objected.
In a joint statement, Video Games Europe and the European Games Developer Federation
described the proposal as ‘unworkable, unjustified and
disproportionate.’ They argue it could hurt European studios,
particularly smaller ones, and leave players with fewer games to choose
from.
The groups say the rules around in-game currencies are too broad and
don’t account for existing safeguards. They point to PEGI ratings,
parental controls, and spending restrictions, and warn that the proposal
could create more legal uncertainty. The industry groups have also
suggested smaller currency top-ups and refunds for unused currency as
alternatives.
The definitions of pay-to-win and pay-to-progress will be worth
watching. They sound straightforward until you apply them to a game
where almost everything can be earned through play or bought to save
time.
Nothing Changes Overnight
For now, the Act is only a proposal. It still needs to go through the
European Parliament and Council, where parts of it could change. No
publisher is being ordered to pull loot boxes from its games today.
The Commission has separately proposed stronger consumer-protection
enforcement, including possible fines of up to 6% of a company’s
worldwide annual turnover in major cross-border cases. Those powers
aren’t in effect either.
If the legislation passes, publishers will have to rethink at least some
of their usual monetization systems in the EU. What survives the
negotiations, particularly the rules for minors, will decide how big
that change is.