On March 21, 2025, ahead of a consultation and call for evidence on the EU’s Digital Fairness Act, the Consumer Protection Cooperation (CPC) Network[1] highlighted the pressing need for improved consumer protection in the European Union, particularly regarding virtual currencies in video games. This move comes in response to growing concerns about the impact of gaming practices on consumers, including vulnerable groups such as children. The CPC Network has defined a series of key principles and recommendations aimed at ensuring a fairer and more transparent gaming environment. These recommendations are not binding and without prejudice to applicable European consumer protection laws[2] but they will likely guide and inform the enforcement of consumer protection agencies on national level across the EU.
What Are the Key Recommendations for In-Game Virtual Currency?
The CPC Network’s recommendations are designed to enhance transparency, prevent unfair practices, and protect consumers’ financial well-being. These principles are not exhaustive but cover several crucial areas:
- Clear and Transparent Price Indication: The price of in-game content or services must be shown in both in-game currency and real-world money, ensuring players can make informed decisions about their purchases. (Articles 6(1)(d) and 7 of the UCPD, and Article 6 (1) (e) of the CRD)
- Avoiding Practices That Obscure Pricing: Game developers should not engage in tactics that obscure the true cost of digital content. This includes practices like mixing different in-game currencies or requiring multiple exchanges to make purchases. The goal is to avoid confusing or misleading players.(Articles 6 (1) (d) and 7 of the UCPD, and Article 6 (1) (e) of the CRD)
- No Forced Purchases: Developers should not design games that force consumers to spend more money on in-game currencies than necessary. Players should be able to choose the exact amount of currency they wish to purchase.(Articles 5, 8 and 9 of the UCPD)
- Clear Pre-Contractual Information: Prior to purchasing virtual currencies, consumers must be given clear, easy-to-understand information about what they are buying. This is particularly important for ensuring informed choices.(Article 6 of the CRD)
- Respecting the Right of Withdrawal: Players must be informed about their right to withdraw from a purchase within 14 days, particularly for unused in-game currency. This is crucial for ensuring consumers’ ability to cancel transactions if they change their mind.(Articles 9 to 16 of the CRD)
- Fair and Transparent Contractual Terms: The terms and conditions for purchasing in-game virtual currencies should be written clearly, using plain language to ensure consumers fully understand their rights and obligations.(Article 3 (1) and (3) of the UCTD)
- Respect for Consumer Vulnerabilities: Game developers must consider the vulnerabilities of players, particularly minors, and ensure that game design does not exploit these weaknesses. This includes providing parental controls to prevent unauthorized purchases and ensuring that any communication with minors is carefully scrutinized.(Articles 5-8 and Point 28 of Annex I of the UCPD)
These principles reflect the growing concern by European regulators of exploitation of consumers, particularly vulnerable groups such as children, in the gaming world. The European Consumer Organisation (BEUC) has strongly supported these measures, which aim to provide a safer, more transparent gaming experience for players.
Enforcement Actions and Legal Proceedings
On the same day, coordinated by the European Commission the CPC Network initiated legal proceedings against the developer of on online game. This action, driven by a complaint from the Swedish Consumers’ Association, addresses concerns about the company’s marketing practices, particularly those targeting children. Allegations include misleading advertisements urging children to purchase in-game currency, aggressive sales tactics such as time-limited offers, and a failure to provide clear pricing information.
A Safer Gaming Future
This enforcement action, along with the introduction of new principles, is part of the European Commission’s stated objective to ensure better consumer protection within the gaming industry. The Commission aims to emphasize the importance of transparency, fairness, and the protection of minors within gaming platforms.
What Should Video Game Companies and Gambling Operators Do Next?
In light of these new developments, video game companies and gambling operators especially those offering virtual currencies are well advised to review their practices to ensure ongoing compliance with existing EU consumer protection laws.
Failure to align with the above principles does not automatically mean that consumer laws are infringed but as the recent enforcement action shows could result in investigations and enforcement actions under the CPC Regulation or national laws. If gaming content is available across multiple EU countries, a coordinated investigation may be triggered, with the possibility of fines up to 4% of a company’s annual turnover.
To further support the industry, the European Commission is organising a workshop to allow gaming companies to present their strategies for aligning with the new consumer protection standards. This will provide a valuable opportunity for companies to share their plans and address any concerns related to these proposed changes.
FOOTNOTES
[1] The CPC Network is formed by national authorities responsible for enforcing EU consumer protection legislation under the coordination of the European Commission.
[2] Reference is made to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 on unfair commercial practices (UCPD); the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (CRD); the Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (UCTD).
