In December final 12 months, we fetched our crystal ball and made some predictions on the legal trends that might impression the video games industry in 2025.
As others begin to take the primary steps into 2026, we glance again and see the place now we have been proper (+) and the place now we have been improper (-). Really, it appears our predictions for 2025 had been extra correct than in earlier years – 2025 didn’t convey many surprises. Nonetheless, it was definitely not a boring 12 months. We’ll additionally look into what 2026 will convey.
1. Synthetic intelligence
What we predicted
We predicted extra developments in copyright/AI litigation in addition to extra steering from courts on how precisely corporations should reserve their rights, akin to whether or not this should be in the type of a robots.txt or one other web protocol, or whether or not plain textual content is ample. Our suggestion was not to depend on plain textual content solely.
We additionally hoped to see extra steering from the EU’s AI Workplace on IP, together with steering on AI and knowledge safety.
Accuracy of prediction: (+++)
What occurred
Perhaps that’s not a modest begin for this text, however these predictions had been spot-on (okay, you may say that AI predictions had been a straightforward win):
IP towards AI: 1:1
In a case towards OpenAI, the Regional Court docket of Munich ruled in favour of GEMA, Germany’s collective society for music. The Court docket held that ChatGPT’s mannequin contained copies of the unique works of GEMA’s members, which had been reproduced and made obtainable in response to easy prompts by customers. Such reproductions quantity to infringements of remunerable copyright, for which OpenAI should receive a licence that gives the copyright holders with applicable remuneration. There is no such thing as a cause to assume that games-related IP ought to be handled in another way.
As to AI coaching, the Greater Regional Court docket of Hamburg has confirmed it may be permissible underneath the so-called Textual content and Knowledge Mining exception of EU copyright regulation. It additionally acknowledged that an opt-out in plain text form was not a sufficient reservation of rights, as this isn’t thought-about ‘machine-readable’ (the technical time period for opt-out is “rights reservation”). This ruling confirms: if video games corporations don’t need their IP getting used for AI coaching, they need to take care that they correctly “choose out”.
On a extra basic degree, the EU’s AI Workplace revealed its General Purpose AI Code of Practice to assist companies to adjust to the AI Act legal obligations on security, transparency and copyright of general-purpose AI fashions.
Behind the scenes, video games corporations struggled with reproductions of their most well-known IP on picture mills. The GEMA vs. OpenAI case ought to assist this trigger.
Knowledge Safety towards AI: 0:1
Coaching AI with publicly obtainable knowledge has additionally been held admissible underneath knowledge safety regulation: the Greater Regional Court docket of Cologne dominated that how Meta used knowledge on Fb to prepare its AI complies was permissible. The court docket thereby rejected an software for an injunction filed by the Shopper Safety Affiliation of North Rhine-Westphalia. The court docket held that Meta has a “authentic curiosity” in growing its AI merchandise that, in this particular context, outweighs consumer pursuits, offered customers are transparently knowledgeable and given the chance to object (opt-out).
Internationally, nevertheless, completely different regulators worldwide evaluated the very same observe, and didn’t come to the identical conclusion because the Cologne court docket. In Brazil, the nationwide knowledge safety authority (ANPD) took strict motion in July 2024, ordering an immediate halt to AI training using Brazilian user data. The authority rejected “authentic curiosity” as a sound legal foundation in this context, citing extreme dangers to customers’ basic rights. Equally, there was vital regulatory pushback in Europe prior to the Cologne ruling: In June 2024, Meta was compelled to pause its AI coaching plans in the EU and the UK following strain from the Irish Knowledge Safety Fee (DPC) and the UK’s ICO, each of which raised issues relating to legality.
AI use in the video games industry
Whereas battling using their IP for the coaching of third-party AI, video games corporations had been exploring how to greatest leverage GenAI for the creation of their very own video games. This usually consists of utilizing AI coding assistants and picture or asset mills.
With reference to rights possession, it’s now extensively recognized that AI generated content material usually doesn’t qualify for copyright safety. Because of this a minimum of key visuals ought to be human creations, not machine creations. Coding assistants appear to be used usually, regardless that this may put a query mark on the protectability of the code. In case an organization relying closely on AI to create sport belongings or code is up on the market, this will trigger points: IP historically has been a key worth driver for video games M&A transactions – what if the possession of IP is in query?
For testing new AI options, it is rather handy that some are actually obtainable by way of “AI marketplaces” underneath Open Supply licenses and could be simply built-in into native shoppers and their consumer interfaces. The query to which extent the corporate integrating third-party AI into their very own consumer interfaces is accountable underneath the AI Act is much less easy.
Nonetheless, the impression of the AI Act on the video games industry is proscribed to date. Transparency obligations are difficult to meet solely in some circumstances (particularly NPCs and in specific NPC bots filling up lobbies of aggressive video games). Nonetheless, the European Fee vaguely mentions that AI built-in in video games may even be prohibited in some instances. Amongst examples talked about are games that are designed to be highly addictive, or exploiting the vulnerabilities inherent to children.
What’s going to occur in 2026
Main studios will work on their very own AI, and examine how they’ll legally prepare it.
It is going to even be attention-grabbing to see what Meta and X will do: will they provide you with a sport constructed on this coaching? Elon Musk lately introduced a ‘great’ AI-generated game by the end of 2026 on X. Let’s wait and see when it comes, how nice it’s, and the way a lot it’s “impressed” by older, nice video games. After which: let the legal battle start.
Past that, new use instances for AI will proceed to be explored. AI for higher matchmaking, to combat toxicity, to help age verification, to analyse gameplay and optimize the sport expertise, possibly even for personalised and dynamic pricing. For all of that, the AI Act (and different legal guidelines, such because the DSA and shopper legal guidelines) want to be noticed. “AI-related regulation will speed up, with new legal guidelines on deepfakes, in specific, that means that studios will want extra rigorous governance for AI-assisted content material creation and player-facing options,“ says Dan D. Nabel, Vice President Legal at Riot Games.
2. On-line platform regulation
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What we predicted
It was clear to us that the DSA and its compliance would turn into more and more vital. Whereas we didn’t count on any early rulings on the position of any specific on-line sport underneath the DSA, we anticipated the authorities to take a more in-depth take a look at standard video games and ask sport corporations for extra data.
For on-line platforms, the EU Fee meant to publish tips in 2025 which handled the safety of minors. We predicted that the safety of minors can be a key level of concern underneath the Digital Providers Act.
Accuracy of prediction: (+)
What occurred
In July 2025, the European Fee revealed its guidelines on the safety of minors. The rules cowl facets that are particularly related such because the implementation of in-game purchases, digital currencies and communication options. These positions overlap to some extent with current claims for a greater safety of shoppers and minors and manipulative designs which we’ll talk about in a second.
In late 2025, the European Fee issued its first ever DSA positive, to X (previously Twitter) for breaching its transparency obligations. Additional proceedings are nonetheless ongoing and different stakeholders, like TikTok, have accepted commitments for compliance.
What’s going to occur in 2026
We count on enforcement of the DSA towards gaming corporations to turn into more and more doubtless in 2026. We do not need to alarm anybody, and we acknowledge that this will likely sound obscure, however this is why: In 2024, the EU Fee laid down a harmonized template for transparency stories in an Implementing Regulation. The primary reporting interval, for which this template should be used, ends on 31 December 2025. These stories should be revealed by the tip of February 2026. Subsequently, it would in all probability be straightforward to see who has executed their homework and who hasn’t. To be extra particular, we count on extra investigations by the Digital Providers Coordinators and doubtlessly by shopper organizations in 2026.
3. Phrases of Use / EULAs and Shopper Safety
What we predicted
We predicted that the renaissance of shopper regulation enforcement towards video games corporations will proceed. Many of those instances will likely be settled behind closed doorways, however shopper organizations are ready to go to court docket if obligatory.
We additionally stated that whereas this will likely sound like unhealthy information, it’d nonetheless be preferable to increasingly laws from EU lawmakers: The European Fee, nevertheless, appears to be decided to suggest a brand new Digital Equity Act.
Accuracy of prediction: (+)
What occurred
All that we had predicted, simply worse. The Shopper Safety Community (CPC) and the European Fee revealed their (in)well-known Key Principles which, whereas being a far-reaching however non-binding interpretation of the regulation, are phrased as in the event that they had been regulation. The opening of proceedings towards “Star Steady On-line“ (a sport which was not on the radar of many observers earlier than) on the identical day added to this impression. All of it felt just like the BEUC report, however on steroids.
Within the Key Rules, the CPC and the European Fee take the place that far-reaching obligations apply when premium in-game digital foreign money is offered, and in addition when it’s spent. The European Fee doesn’t cease there: they’re additionally decided to add one other layer of shopper safety, the Digital Equity Act. The Digital Equity Act is yet one more shopper safety regulation geared toward tackling darkish patterns and addictive design, as if we did not have already got the Unfair Business Practices Directive, which incorporates broad prohibitions.
What’s going to occur in 2026
From 19 June 2026 onwards, apps and web sites that allow shoppers to enter into distance contracts (together with video games) should show a clearly seen button for withdrawing from the contract. Primarily based on our expertise in Germany with a nationwide cancellation button whose necessities are very comparable, we assume that shopper organizations will monitor the implementation rights from the beginning and ship warning letters.
However… the one legal matter which the industry will likely be involved about, is the Digital Equity Act. “The Digital Equity Act might essentially reshape sport design for a lot of free-to-play video games,” says Riot’s Nabel, “with new EU guidelines on darkish patterns, retention mechanics, digital currencies, and pay-to-win programs.“
A European Normal Counsel advised us: “Within the wake of the discussions across the EU’s Digital Equity Act, there’s the chance that current profitable self-regulatory approaches are hampered and that authentic enterprise fashions are micro-managed by regulation to some extent they turn into factually not possible, thus reducing shopper alternative. There may be additionally the chance, although, for co- and self-regulatory approaches to be improved and strengthened to some extent that perceived issues could be addressed in an efficient and versatile method – and quicker than any regulation might.”
4. Loot Containers
What we predicted
We do not assume the dialogue on loot packing containers will cease, nevertheless it could be overshadowed by the broader digital equity dialogue we talked about in the patron safety part above.
Accuracy of prediction: (+)
What occurred
Simply as we foretold. The US noticed a landmark settlement between the FTC and the distributor of Genshin Impact, which lead the latter to disclose win chances and real-world prices straight on the acquisition display screen, and keep away from multi-step foreign money conversions that would confuse youthful gamers.
Brazil took a hardline stance by passing a regulation that may ban loot packing containers for minors beginning in 2026. Given Brazil’s market dimension, this transfer is predicted to pressure vital design modifications fairly than market exits.
In Australia and Europe, the main focus has shifted to age rankings and worth transparency. Australia now requires a minimal “15+” score for video games with chance-based purchases. The upcoming Digital Equity Act might impose even stricter, doubtlessly mandating that minors be shielded from loot field publicity completely underneath the Digital Providers Act.
In Belgium, the legal panorama stays tense because the long-standing “ban” continues to be not often enforced by authorities. Nonetheless, personal litigation is stepping in: a current case towards Apple explored whether or not storefronts are responsible for internet hosting unlawful loot packing containers. The case was finally settled.
Turkey has signalled its personal crackdown by focusing on bodily thriller packing containers for missing transparency and utilizing manipulative countdown timers, a transfer that establishes a legal foundation for comparable scrutiny of digital loot packing containers underneath basic shopper safety legal guidelines.
Particular enforcement actions in the Netherlands and the UK have focused deceptive promoting. Regulators have dominated that the presence of loot packing containers should be clearly disclosed in app shops and that visible representations—akin to “prize wheels”—should precisely replicate the precise weighted odds. In the meantime, in South Korea, strict obligatory disclosure legal guidelines are actually in impact, although worldwide compliance stays inconsistent.
Lastly, in late 2025, the German Federal Council (Bundesrat) adopted a decision calling for significantly stricter regulation of loot boxes to improve youth protection. The initiative urges the Federal Authorities to look at whether or not loot packing containers, due to their “gambling-like mechanisms,” ought to legally be handled as playing. If applied, this is able to doubtless consequence in a compulsory 18+ age score for video video games containing such buy choices. Moreover, the Council calls for full transparency relating to successful odds and pricing, whereas additionally pushing for a unified European regulatory framework inside the “Digital Equity Act.”
What’s going to occur in 2026
Our predictions for 2026 are precisely the identical as for 2025: The dialogue on loot packing containers received’t cease, however will probably be extensively a part of the broader dialogue on digital equity we talked about in the patron safety part above. “Regulatory strain on loot packing containers will proceed to improve in 2026,” says Nabel, “with extra international locations transferring towards age restrictions (akin to 18+) and even outright bans.“ Recreation builders will strive to design across the bans and strict laws, however so long as shoppers are prepared to spend cash on randomized objects, it’s unlikely they may go away.
5. Unfinished merchandise, product description, onscreen texts, and proper of withdrawal
What we predicted
The correct of withdrawal in specific will likely be one facet of the broader shopper safety matter mentioned above.
Accuracy of prediction: (+)
What occurred
Oh yeah – simply take a look at the CPC’s Key Precept quantity 5: Consumers’ right of withdrawal should be respected.
The dialogue largely targeted on the fitting of withdrawal when premium in-game digital foreign money is spent. The CPC says that, amongst different issues, the next practises ought to be prevented:
- Denying shoppers’ proper to withdraw from a contract for the acquisition of in-game digital foreign money inside 14 days for any in-game digital foreign money that continues to be unused
- Denying shopper’s proper to withdraw from contracts for the acquisition of in-game digital content material or providers, no matter whether or not the participant pays with real-world cash, in-game digital currencies, or supplies private knowledge to the dealer
The satan is in the element right here. Particularly: a proper of withdrawal for unused digital foreign money, and that the fitting of withdrawal can also be meant to apply whether or not the participant pays with in-game digital currencies, or simply supplies private knowledge to the dealer.
What’s going to occur in 2026
The correct of withdrawal will likely be revisited in ongoing discussions in regards to the CPC Key Rules and Digital Equity. Unfinished merchandise will proceed to create flamewars, though the legal significance of this situation will stay low. As an alternative, discussions on sport sunsetting will likely be on the rise.
6. Clones and different IP disputes
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What we predicted
For clones, we hoped that Google and Apple would a minimum of come nearer to DSA compliance – having legitimate contact knowledge from clone publishers could possibly be a game-changer in the app area. Then again, for prime worth productions, there nonetheless is an absence of dependable case regulation, and we didn’t count on a landmark case to be determined by the courts in 2025.
However IP disputes go nicely past clones, we stated, and we anticipated litigation towards cheat bots to stay vital. Additionally, as Nintendo reached a beneficial settlement towards one other Change emulator, we anticipated different emulators to be underneath scrutiny as nicely.
Lastly, we predicted that not all video games corporations would tolerate their IP displaying up in AI output, and somebody would check the waters until AI system suppliers proved useful.
Accuracy of prediction: (+/-)
What occurred
The predictions relating to clones and the Digital Providers Act (DSA) proved correct. Probably the most vital shift occurred on February 17, 2025, when Apple started strictly implementing the “Dealer Standing” requirement in the EU App Retailer, removing developers who failed to provide verifiable contact details. Google adopted swimsuit with similar enforcement deadlines for the Play Store in November. This regulatory strain was additional strengthened in October when the EU Fee opened formal proceedings to scrutinize whether or not these platforms had been doing sufficient to fight unlawful content material, confirming that legitimate knowledge has certainly turn into the brand new game-changer for app visibility.
On IP disputes, the panorama stays energetic however legally advanced. Epic Games highlighted the persevering with significance of anti-bot litigation in October by suing developers of “fake engagement” bots used to manipulate payouts in Fortnite Creative, increasing the battleground from gameplay equity to financial fraud.
Within the Sony vs. Datel proceedings on cheats, the German Federal Supreme Court docket handed down its final judgment on the case (following a 2024 ECJ determination) and held that mere RAM modifications may not represent copyright infringements. Nonetheless, the ruling doesn’t overly have an effect on the combat towards cheats in multiplayer video games: whereas it limits particular copyright claims on RAM manipulation, it leaves highly effective enforcement instruments like unfair competitors regulation and EULA breaches absolutely intact.
Lastly, as anticipated, the strain between IP holders and AI suppliers escalated all through 2025, with vital legal actions taken by rights holders. Whereas we’re nonetheless ready for a definitive “AAA Recreation vs. GenAI” landmark ruling, the waters are being examined in adjoining industries, which serves as a warning for the video games sector. The German accumulating society GEMA sued Suno AI in January and focused OpenAI (see above), whereas the New York Instances launched litigation against Perplexity AI in December. These instances additional sign that rights holders usually are not prepared to tolerate the uncompensated use of their content material for coaching knowledge, a development that the video games industry is now poised to observe.
What’s going to occur in 2026
IP disputes stay a key legal matter in the video games industry, however not the one which causes sleepless nights. That’s, and can stay, the query on how to greatest leverage your IP – for merch, to combat towards cheaters, and more and more in the context of AI.
7. Market dominance and platforms
What we predicted
We’ll merely quote it verbatim: “One basic counsel advised us that he expects ‘fights over DMA implementation in Europe with far reaching penalties to the industry and revisiting regulation over promoting in interactive leisure’ to be the new matters for 2025.”
What occurred
The prediction of “fights over DMA implementation” was an understatement: 2025 became a 12 months of open regulatory warfare. The battle escalated considerably on April 23, 2025, when the European Fee imposed its first major non-compliance fine under the Digital Markets Act, penalizing Apple EUR 500 million for its anti-steering practices.
As 2025 drew to a detailed, the Coalition for App Equity published another open letter in December, accusing Apple of “persistent non-compliance,” arguing that the brand new “Core Expertise Price” and revised fee constructions nonetheless violate the spirit of the regulation by making various shops economically unviable.
The U.S. Circuit Court docket of Appeals delivered a combined ruling in the continued battle between Epic Games and Apple. Whereas the court docket conceded that Apple is entitled to cost a ‘affordable payment’ for exterior transactions to recoup safety prices, it explicitly dominated that the corporate’s imposed 27% fee violated the present injunction. Moreover, the court docket struck down Apple’s strict formatting restrictions on exterior cost hyperlinks, mandating that various cost strategies should be displayed with equal visibility to Apple’s personal system. Just about each phrase of that call reveals the decide’s rage over Apple’s behaviour. The case has been remanded to the district court docket to decide a compliant payment construction, a growth Epic CEO Tim Sweeney hailed as the start of “large-scale change”.
What’s going to occur in 2026
The battle will proceed, and most small and medium-sized corporations will likely be watching it from the sideline. To take up the combat, you want deep pockets and guts. Those that do not can proceed to observe Epic’s epic battle, which doubtless just isn’t over.
8. Youth safety past blood and violence
What we predicted
A European Normal Counsel advised us: “Calls on online game corporations to make use of age verification strategies will doubtless proceed in 2025. Nonetheless, age verification just isn’t a common treatment and wishes to work on a world degree in addition to with out interfering with customers’ privateness. As an alternative of establishing new necessities that could be disproportionate, voluntary approaches which have confirmed to be efficient and that respect each the parental autonomy and the kids’s proper to take part ought to be strengthened. The vast majority of video video games are appropriate for minors and parental controls are extensively obtainable freed from cost.”
We stated that addictive design may even turn into a serious matter for digital video games and apps in 2025. The European Fee had expressed its legal opinion that digital interfaces which might trigger psychological hurt fall underneath the Normal Product Security Regulation, which turned relevant in late 2025.
Accuracy of prediction: (+)
What occurred
Interplay dangers (akin to chats and monetisation) are more and more taken under consideration for age rankings. In Germany, the age score authority USK estimates that about one third of all rated video games include such dangers, and for one third of them (11% in whole) it led to the next age score than the sport would have acquired with out these mechanics.
France’s regulator for media and web (Arcom) launched necessities for age verification just like the so-called “double anonymity”. This customary creates a technical firewall between the consumer’s actual identification and the digital service: the third-party verification supplier checks the consumer’s authorities ID however is technically blocked from realizing which particular web site or sport the consumer is accessing. Conversely, the platform itself receives a cryptographic token confirming the consumer is over 18, however by no means sees, processes, or shops the consumer’s actual title or passport knowledge. For the video video games industry, it provides a pathway to regulatory compliance with age regulation with out turning into an information honeypot.
In Germany, the Interstate Treaty on the Safety of Minors in the Media was up to date, granting the Commission for the Protection of Minors in the Media (KJM) decisive new enforcement instruments. The modification particularly goals to shut loopholes beforehand exploited by overseas suppliers to bypass German age verification legal guidelines. Key measures embrace the authority to order cost service suppliers to block transactions to non-compliant platforms (“cost blocking”) and, as a final resort, to implement community blocking.
The reform tries to rework the KJM’s skill to act towards offshore violators, shifting from administrative warnings to reducing off income streams. Nonetheless, this laws faces vital criticism relating to the chance of “over blocking”, as broad technical mandates could lead to the inadvertent censorship of legitimate content, if automated filters can be launched which can lack the nuance to distinguish between dangerous and innocent context.
Roblox launched mandatory facial age estimation for accessing voice chat and certain social features in November 2025 for Australia, New Zealand, and the Netherlands to restrict the interactions between minors and adults and the potential threat such interactions may trigger. Shortly earlier than, Meta overhauled Instagram’s teen accounts in October 2025 by aligning content moderation directly with the “PG-13” movie rating standard. As reported by the New York Instances, this shift goes past easy age-gating, it actively filters out content material deemed inappropriate for a 13-year-old viewers from algorithmic feeds (Reels, Discover) for all teen accounts.
From what we hear, quite a few lawsuits have been filed in the US towards main online game corporations. The lawsuits allege that these corporations deliberately designed addictive video games that concentrate on kids. Nonetheless, we’re not conscious of any additional investigations by the European Fee into this particular situation. In 2025, the DSA coated addictive design extra extensively.
What’s going to occur in 2026
The Australian legislation banning social media for under-16s (handed late 2024) will act as a blueprint for European policymakers in 2026. The crucial threat for the video games industry is the blurring of definitions. As regulators wrestle to clearly distinguish between “Social Media” and “Games with Social Options” (Roblox, Fortnite, MMOs), there’s a threat of the Australian method spilling over.
In 2026, we’ll see the primary EU member states proposing amendments to increase social media bans to embrace social gaming platforms, arguing that chat capabilities and UGC pose the identical psychological dangers. The excellence between a “sport” and a “community” would be the main legal battleground.
Moreover, the rollout of the EU Digital Id Pockets (EUDI) is predicted to increase the “double anonymity” precept (defined above) to the remainder of the EU. For publishers, the EUDI provides a “tokenized age test” the place the state verifies age, preserving delicate participant knowledge off firm servers. Nonetheless, this centralization introduces a single level of failure. As highlighted in debates, a compromised pockets exposes the consumer’s complete identification (akin to ID and drivers license). Consequently, whereas the EUDI may resolve technical hurdles, the industry should put together for consumer pushback relating to the potential for abuse and surveillance.
The controversial Youngsters On-line Security Act (KOSA) is predicted to cross the legislative end line in 2026. The invoice goals to impose a strict “responsibility of care” on on-line platforms, holding them legally responsible for design options that contribute to psychological well being harms in minors. Particularly, the laws targets compulsive utilization patterns by mandating that “addictive” components – akin to infinite scrolling and auto-play movies – be disabled by default for younger customers. Nonetheless, the laws faces fierce opposition from civil rights teams just like the ACLU. Critics warn that the bill’s broad definition of “harm” could be weaponized for political censorship—significantly focusing on LGBTQ+ content material—and that enforcement would paradoxically require invasive age verification. Because the invoice advances, the industry is already reacting; even earlier than enactment, main platforms are adopting stricter moderation requirements.
9. Knowledge safety
What we predicted
“We nonetheless assume that Mr Schrems will likely be again, however as no choices are to be anticipated in the short-term, the belief and security facet could be extra urgent.“
Accuracy of prediction: (+/-)
What occurred
Mr Schrems was again, however not in the best way we anticipated – the EU-US Knowledge Privateness Framework remains to be in place. As an alternative, Mr. Schrems’ organisation None of Your Enterprise (noyb) filed a grievance with Austria’s Knowledge Safety Authority towards Ubisoft in Might 2025, claiming that the single-player sport “Far Cry Primal” collects data about player’s usage behaviour, without obtaining players’ consent. noyb admits that Ubisoft might have authentic pursuits in areas akin to “analytics and advert serving”, “product enchancment” and “safety”, however holds that these are overruled by avid gamers’ privateness rights in the case of single-player video games. It is going to be attention-grabbing to see how this one performs out, provided that accumulating telemetry knowledge for analytics functions (to develop updates, for instance) is widespread observe amongst gaming corporations.
Other than that, no huge knowledge safety occasions for video games corporations in 2025, however a surprisingly liberal determination on using private knowledge for AI coaching, as mentioned in the preliminary paragraph of this text.
What’s going to occur in 2026
Whereas knowledge safety stays vital, the dialogue will concentrate on harmonising current knowledge safety provisions and ideas with different digital laws. Hopefully, the EU Fee’s proposal for a Digital Omnibus Regulation, which introduces long-awaited (however not completely convincing) modifications to cookie guidelines, is simply the beginning of the transfer in direction of less complicated guidelines.
Subsequent 12 months, we count on to obtain additional steering on aligning the GDPR with legal ideas set out in the Knowledge Act and the AI Act, and probably even the Cyber Resilience Act (though this might not be prepared till 2027).
10. Esports
What we predicted
Following the announcement of the Olympic Esports Games in 2025, we stated that “one thing about integrity” can be a no brainer, doubtlessly in the type of laws on doping in esports. We additionally stated that match-fixing and dishonest can be related – once more – and that cybersecurity may play a extra vital position.
Accuracy of prediction: (+/-)
What occurred
In April 2025, Riot Games launched an independent dispute resolution mechanism for skilled and semiprofessional groups. It additionally seems that, after a lot debate, esports in Germany is lastly being acknowledged as a charitable exercise.
Valve has tightened the licensing conditions for “Limited Game Tournaments” in titles akin to CS2, Dota 2, and TF2. Efficient instantly, event organizers are prohibited from integrating case opening or pores and skin buying and selling websites into their occasions. Moreover, sponsorships that generate income from such actions are banned. These new guidelines apply to all ranked and group tournaments, extending to the show of groups, jersey branding, and any seen content material throughout broadcasts. Match organizers and golf equipment should now evaluation and, if obligatory, amend their current sponsorship contracts, whereas affected third-party platforms face the problem of figuring out their legal response to these restrictions.
Just a few days earlier than that, Valve had made vital modifications to the merchandise economic system in CS2. Since then, it has been doable to receive a random knife or pair of gloves (the rarest merchandise class) by way of an improve contract. Beforehand, such objects might solely be obtained in a case, and the percentages had been low. This replace prompted many gamers to panic-sell their in-game objects, main to a massive market crash on Valve’s Steam marketplace.
What’s going to occur in 2026
We concern that some stakeholders in the esports ecosystem will proceed to wrestle to stay worthwhile. On the identical time, we anticipate a debate about Valve’s energy to change the foundations.
New development: Cybersecurity
Additionally in 2025, there have been main exploits which involved gamers, together with distant execution instructions that would abuse gamers’ programs. Nonetheless, this phenomenon just isn’t restricted to esports solely however is related for the entire industry.
What’s going to occur?
Cybersecurity is turning into more and more vital, so it’s considered one of our new (separate) high picks for 2026.
Recreation corporations could have to put together for compliance with the Cyber Resilience Act. Step one will likely be to see which video games are “in scope”. The scope could be wider than what many assume – as even single participant video games usually are related to a community (a minimum of to obtain patches). The Cyber Resilience Act may even have a large impression on early entry video games which should additionally, a minimum of to some extent, meet the necessities set out earlier than being positioned on the EU market. The obligations may even be related for the suppliers of {hardware} and its parts. With notification obligations coming into impact 2026, builders, publishers, and different stakeholders should put together for a brand new set of compliance obligations and technical necessities, regardless that most of those won’t take impact till the tip of 2027.
Moreover, video games corporations that make use of cloud computing or different know-how which falls underneath the NIS-2 Directive, compliance with NIS-2 should be urgently reviewed and applied.
New development: Ingame economics – Second Life reloaded
Roblox, Fortnite and CS all made modifications to their sport economics. Whereas finally, corporations goal to promote engagement in a great way, such modifications have large financial impacts. And the place there’s an financial impression, legal questions are by no means far-off. In our case, we count on new discussions on shopper safety, platform dominance and the query of whether or not Richard Bartle’s phrase remains to be true, and Developers are Gods.
The highest 10 trends for 2026:
So what are the highest 10 legal trends for 2026 and the way will their significance develop in contrast to 2025? Here is our private high 10 listing.
- AI (=)
- Shopper safety (up)
- Product and cyber safety (up)
- Youth safety past blood and violence (=)
- On-line platform regulation (down)
- Clones and different IP disputes (=)
- Lootboxes (down)
- Knowledge safety (=)
- Market dominance (down)
- Esports (=)
Dr. Andreas Lober is a companion in the Frankfurt workplace on the regulation agency ADVANT Beiten. He has been advising online game corporations for a few years. This text incorporates enter from ADVANT Beiten’s Lennart Kriebel, Daniel Trunk and Fabian Eckstein. The views expressed in this text are private predictions.