In brief
On March 21, 2025, the European Consumer Protection Cooperation Network (CPC Network, which is the network of national authorities competent to enforce consumer protection in the EU, established on the basis of Regulation (EC) No 2006/2004) published a set of key principles aimed at better protecting European consumers in the gaming sector, particularly concerning in-game virtual currencies. This significant regulatory development follows the European Consumer Organisation report on Monetising Play with an impact on gaming and gambling companies using in-game virtual currencies.
The CPC Network defines in-game virtual currencies as “digital representations of value that are purchased with real-world monetary value and then used by consumers to pay a price in exchange for the supply of in-game digital service or content within a video game”. Importantly, the CPC Network considers these currencies as representations of real-world monetary value when they primarily function as a payment method for digital content or services in video games.
Key takeaways
- Transactions using in-game virtual currencies are now explicitly subject to European consumer protection laws and their national implementations, just like purchases with real-world money.
- Higher risks of enforcement in case of non-compliance with consumer protection laws (e.g. investigations by the CPC Network and/or national authorities, gambling regulators, etc.), with fines up to EUR 800,000 or 6% of the total annual turnover
- Developers should align with these principles when developing new games and in-game content (even if the principles remain soft law, it is likely that competent courts and authorities will refer to them in their enforcement actions)
- Video games should be subject to thorough review and adaptation where necessary
Key Principles gaming companies must follow
The CPC Network has put together a non-exhaustive list of key principles which video game and gambling companies should take into account and implement when offering in-game virtual currencies:
- Price indication should be clear and transparent: The real-world money price of virtual currencies and in-game items must be clearly displayed to allow informed purchasing decisions.
- Practices obscuring the cost of in-game digital content and services should be avoided: Games should not include confusing currency systems that hide the true cost of in-game purchased items or require several exchanges of in-game virtual currencies before an in-game purchase.
- Practices that force consumers to purchase unwanted in-game virtual currency should be avoided: Games should not force users to buy more virtual currency than needed for a purchase or impede users from chosing the specific amounts of in-game virtual currency they can buy.
- Consumers should be provided with clear and comprehensible pre-contractual information: Necessary information about the nature of the product, its price, and consumer rights must be provided before purchase of in-game virtual currencies, digital content or services.
- Consumers’ right of withdrawal should be respected: Users should received information on their right of withdrawal when purchasing in-game virtual currency, digital content or services and be able to exercise such right of withdrawal within 14 days of the purchase.
- Contractual terms should be fair and written in plain and clear language: Terms and conditions of the video-game or relating to the purchase of in-game virtual currency should be easy to understand and not unfairly limit consumer rights, including regarding modifications to virtual currency value.
- Game design and gameplay should be respectful of different consumer vulnerabilities: Games should avoid exploiting vulnerabilities, especially in children, who are more susceptible to the psychological effects of virtual currencies.
How to comply and what are the sanctions?
Gaming and gambling companies should revisit their current practices and bring them in line with the new principles. Companies should subject their existing and new video games to thorough review and adaptation where necessary in order to escape the regulator’s crosshair and potential sanctions or other enforcement action. Precontractual and contractual information should be reviewed and amended where necessary to bring them in line with the new principles. Careful consideration should be given to the 14-day right of withdrawal in particular, and appropriate age gates as well as parental control functions should be put in place where necessary.
There is a high enforcement risk (e.g. investigations by the CPC Network and/or national authorities, gambling regulators, etc.) and the violation of consumer protection rules applicable in Belgium may be sanctioned with fines up to EUR 800,000 or 6% of the total annual turnover (whichever is higher).
Do the rules also apply outside the EU?
Yes, in the sense that non-EU gaming and gambling companies using in-game virtual currencies should take these principles into account when targeting EU consumers.
The key principles of the CPC Network are based on EU consumer protection legislation, such as the Directive 2005/29/EC on unfair commercial practices. Such EU legislation applies to all commercial practices that take place in the European market and thus involve the European consumer. The aim is to protect European consumers from any unfair commercial practices, regardless of where the company offering the product or service is based.
What’s next ?
- The CPC Network specifically notes that these guidelines are “non-exhaustive” and do not preclude further actions or activities in the gaming sector. This suggests additional regulatory developments may be forthcoming.
- The key principles and the recommendations contained in it are without prejudice to the applicable European consumer protection legislation, including, where applicable, the national rules implementing or executing those rules. A thorough local law analysis is therefore recommended when designing video games with in-game currencies that are available to consumers across multiple Member States.
- While the key principles are authoritative, they remain soft law. The document of the CPC Network does therefore by no means bind the national authorities or the European Commission. Solely the competent authorities and courts can finally decide on the legality of commercial practices, processing operations etc. under the applicable legislation.
- The Belgian Gaming Commission is also likely to increase its scrutiny on in-game digital currency, in particular following its 2024 Workshop on Paid random items.
- The Digital Fairness Act EU proposal will likely further tackle the issues contained in the above principles, following the publication of the Digital Fairness Fitness Check Report. In this regard, an industry consultation is likely to be conducted by the EU Commission in the spring of 2025.
- Similarly, the new EU Accessibility Act as transposed into national laws is also likely to substantially affect video games and in-game content as of 28 June 2025.
- Finally, these new rules come in a context where more and more obligations are regularly imposed on companies active in the gaming / gambling sector. In this respect, companies active in these sectors must also take into account new mandatory cybersecurity rules under the NIS 2 Directive (fully in force in Belgium) and the Cyber-resilience Act, which impose specific obligations to in-scope entities, including to implement cybersecurity risk-management measures, to register with competent authorities, to train their management and staff and to notify significant incidents. Non-compliance may entail heavy fines and personal liability of the company’s higer management/board of directors.
Our cross-disciplinary team of gaming, fintech, and consumer protection specialists is ready to help you navigate these new requirements and prepare for future developments. For a personalized assessment of how these principles impact your specific business or if you require support in view of the industry consultation, please contact our team at Baker McKenzie.
