The EU has apparently just declared lootbox / gacha games outlawed

[RiO]

The EU Commission and the Consumer Protection Cooperation Network (CPCN), which is a formal body of the EU composed of national enforcing authorities, have today released a new document issuing legal guidance in the form of key principles for the use of virtual currency in games:

https://commission.europa.eu/document/8af13e88-6540-436c-b137-9853e7fe866a_en

Some of the highlights and key take-aways:

1. All in-game items purchasable potentially wholly or in part through any virtual currency that is purchasable through real-world currency are required to list their price as a direct conversion to real-world currency based on the nominal real world price of the virtual currency.
   
2. The nominal price of virtual currency is the price for which said currency is normally purchased, without any special sales prices, deals, bonuses, or other applying.
   
3. No more preset bundle sizes for virtual currencies. You have to be able to buy the exact amount you want or need.
   
4. Virtual currency itself is deemed a digital service that is covered by consumer rights legislation. The 14 day right of withdrawal applies. This right of withdrawal cannot be waived. In particular any terms of contract that attempt to do so or try to limit the consumer's right to return within 14 days any remaining amount of unspent virtual currency are called out explicitly as advised against.
   
5. And the big one:
   Any gameplay mechanics that have the object or effect of exploiting emotional, psychological or other weaknesses consumers may have to try and push them to spending in unnatural ways, explicitly called out with the terms 'whaling' and 'whales' gamers are familiar with, are deemed in violation of the unfair commercial practices directive.

The CPCN is basically the joint body of enforcing authorities for consumer rights and the consumer market, similar to how the European Data Protection Board (EDPB) is the joint body of enforcing authorities for the GDPR.

In short, the EU is calling open season on gacha, lootboxes and freemium scumbaggery at last.

Makes me wonder how this will reflect on games on Steam.
Probably going to be a bit of a culling in the freemium segment.



[EDIT]
Also, on a humorous note: there's a small win for the Stop Killing/Destroying Games initiative in there as well.
It is the position of the EU Commission and the CPCN that you 'own' your in game purchases, in the sense that you have a right to access and use that content, which cannot be unilaterally taken away.

[Gnomenclature]

Now if only the U.S. would follow suit. Good on the EU

[fluxtorrent]

clickbait title and a big stretch

par for the course for Rio

[John Henry Eden]

Originally posted by fluxtorrent:

clickbait title and a big stretch

par for the course for Rio

harassment

[✨Saint✨]

To a certain extent, we already have laws in place for gambling in the Netherlands.
Some games are just blocked due gambling/lootbox practices, other games kinda seem to "fall through the cracks", and are able to use gambling practices anyway.

[sandokanski]

Damn. Steam will be banned. It pushes me to spend money in a unnatural way.

[Boblin the Goblin]

Found a lie about the right of withdrawal part.

For digital content to be exempted from the right of withdrawal, the consumer must give their express consent to begin using the content or service immediately (before the 14-day period expires) and acknowledge that their right of withdrawal will be lost. The consent and acknowledgement can be requested and provided together in a single click but separately from the click to purchase the digital content, e.g. the “buy” button. In addition, the trader must provide the consumer with confirmation of the respective contract including confirmation of the consumer’s express consent and acknowledgment.

It literally outlines how they can remove the right of withdrawal. So nothing changes there.

[fluxtorrent]

Originally posted by Boblin the Goblin:

Found a lie about the right of withdrawal part.

For digital content to be exempted from the right of withdrawal, the consumer must give their express consent to begin using the content or service immediately (before the 14-day period expires) and acknowledge that their right of withdrawal will be lost. The consent and acknowledgement can be requested and provided together in a single click but separately from the click to purchase the digital content, e.g. the “buy” button. In addition, the trader must provide the consumer with confirmation of the respective contract including confirmation of the consumer’s express consent and acknowledgment.

It literally outlines how they can remove the right of withdrawal. So nothing changes there.

Le gasp, and he was misrepresenting what it said? That's only happened... every other time he has posted

[Boblin the Goblin]

Also the part about whales doesn't say what you imply.

It mostly talks about proper parental protections and outlining exactly how the purchase affects the game. It then talks about keeping in mind to not try and exploit whales(without giving any specifics) which means ♥♥♥♥-all since one could argue that having any purchase mechanics is exploiting whales.

[Boblin the Goblin]

Originally posted by fluxtorrent:

Originally posted by Boblin the Goblin:

Found a lie about the right of withdrawal part.



It literally outlines how they can remove the right of withdrawal. So nothing changes there.

Le gasp, and he was misrepresenting what it said? That's only happened... every other time he has posted :lunar2019crylaughingpig:

Also, I don't know if this is EU speak for "this is illegal" but all the stuff just says "practices/terms to avoid" without explicitly saying it's illegal.

Basically sounds like "Hey, don't do this or you may get in trouble eventually."

[Boblin the Goblin]

Originally posted by Pierre_The_Scumbag:

Given the widespread popularity of video games among children, any video game which is not exclusively intended for an adult audience should expect a significant part of its player base to be under the age of 18 years. This places a particular responsibility on traders to avoid commercial practices that are likely to distort children’s economic behavior by exploiting, for example, their lack of experience, economic knowledge, or natural credulity.

Consumers that are willing to spend excessive amounts of money on and in a video game, so called ‘whales’,may be considered vulnerable since they are likely to struggle with impulse control or gambling disorders.Consequently, video games that base their business model on targeting ‘whales’ are likely to target avulnerable group of consumers. Therefore, the fairness of their commercial practices is to be assessed according to a stricter threshold.

This right here is a banger !

If it actually did anything.

It's literally just calling for further assessment without actually defining anything. It doesn't even lay out examples of the exploitative practices.

[xBCxRangers]

Our European friends, get it right yet again.

Comments, Mr Newell?

Of course not

[Walach]

Yay! One step closer! :D

I just want to be able to play a game without fear of it being made unplayable by the company who made it, or whoever. I don't care if it's not updated or something like that, I just want to play good games for as long as I want, it's such a horrible thing to know that games can just be made unplayable.

[Boblin the Goblin]

Originally posted by Pierre_The_Scumbag:

Originally posted by Boblin the Goblin:

If it actually did anything.

It's literally just calling for further assessment without actually defining anything. It doesn't even lay out examples of the exploitative practices.

I don't think you are seeing the picture, i'll explain it in a simple form for you, it basically means that if your game isn't rated 18 (Adult Content), and you're participating in manipulative practices, consumers can take legal action.

Which means huge changes for games and steam, how many games on steam are currently doing this, running a none adult rated game with a manipulative purchase system for "intentionally created problems for paid solutions, and gambling".

Again, it doesn't define what it means by that.

Games do not require an age rating to be put on Steam and be sold in the EU. So unless a game gets and official age rating, it means nothing.

To correctly enforce this, they would have to require every game get an age rating or be marked as "adult only" like Germany did. Which, in the EU, they don't have the same age verification laws that Germany does. Making the whole thing pointless again.

[Boblin the Goblin]

Originally posted by Walach:

Yay! One step closer! :D

I just want to be able to play a game without fear of it being made unplayable by the company who made it, or whoever. I don't care if it's not updated or something like that, I just want to play good games for as long as I want, it's such a horrible thing to know that games can just be made unplayable.

Considering what's in the document doesn't even address that issue, there's no step closer.

In fact, the closest it gets to even "addressing" it is talking about the right of withdrawal. Which only valid for 14 days after purchase.

[Walach]

Originally posted by Boblin the Goblin:

Originally posted by Walach:

Yay! One step closer! :D

I just want to be able to play a game without fear of it being made unplayable by the company who made it, or whoever. I don't care if it's not updated or something like that, I just want to play good games for as long as I want, it's such a horrible thing to know that games can just be made unplayable.

Considering what's in the document doesn't even address that issue, there's no step closer.

In fact, the closest it gets to even "addressing" it is talking about the right of withdrawal. Which only valid for 14 days after purchase.

No, they didn't adress it, that's why I wrote what I wanted them to adress, hopefully next. What I wanted to have said with the second paragraph was a little vague, but that's how it goes sometimes. Sorry about that!
*Holding all my thumbs for it to be true!* :D