Isabel Davies: EU’s Digital Fitness Fairness Check could cause “big overhauls” in 2025

• Video games lawyer at Wiggin LLP Isabel Davies discussed the rules of free-to-play at PGC Helsinki 2023
• The Digital Fitness Fairness Check could spell major changes for microtransactions next year

Helsinki has long been at the forefront of the global games industry, with a particularly fine heritage in mobile. That’s why we’ve been visiting every year since 2014 for our annual Pocket Gamer Connects Helsinki two-day conference.

And this year we’re proud to be part of Finish Games Week, a week of events celebrating gaming activity within the region with PGC Helsinki 2024 taking place on October 1st to 2nd.

And in preparation for our 2024 event, we’re taking a look back at just some of the amazing speakers and sessions that took place at PGC Helsinki 2023. 

So for more opportunities to network and learn from the big names in games make sure that you’re a part of PC Connects Helsinki 2024.

The legality of free-to-play is an ever-changing, always-evolving subject without one catch-all rule around the world. But as regulatory attention on video games increases, and the EU crawls ever closer to completing its Digital Fitness Fairness Check, what’s legal and what isn’t could soon become that much stricter.

Bringing experience from King and Disney Interactive’s legal teams, Isabel Davies, now a video games lawyer at Wiggin LLP, discussed this very topic at Pocket Gamer Connects Helsinki 2023. There, she warned of increased scrutiny around microtransactions, what could count as false advertising in a free-to-play game, and more.

Keeping up compliance

“If you’re either segmenting your in-app purchases or using behavioural advertising it’s worth thinking about ultimately how you’re doing your GDPR compliance,” Davies began, highlighting recent political mandates around child privacy across the UK, EU, and US. “Nudge techniques and dark patterns are the flavour of the moment.”

Typically, in-app purchases mean microtransactions, and the EU has been getting more interested in this monetisation strategy especially concerning multiple currencies in one game. With the EU’s Digital Fitness Fairness Check due to conclude in 2025, Davies suspects in-game currencies will be “scrutinised a lot more heavily” in the future.

“It’s quite possible we’ll have big overhauls of consumer protection legislation in the EU subsequent to that,” she said.

Outside of hard laws, meanwhile, changing requirements from Google and Apple are constant influencers on what can and cannot appear in-game. Davies summed it up: “You can be very much within the bounds of the law when releasing a mobile game but ultimately, Apple and Google are the big parents in this situation. There are always policies you’re going to have to follow if you want to play in their playground.”

Fit for purpose?

Across the whole digital sector, legislators have been investigating whether or not consumer laws are fit for purpose. Video games are a particular focus of this investigation and virtual currencies, loot boxes, and nudge techniques will be called up as part of this check.

Furthermore, the importance of compliance applies not only in-game but in the way those games are advertised too. The UK in particular has been getting “really wound up” about free-to-play advertising, Davies said, as pitching a game as free-to-play while showcasing paid content like extra levels, skins, and DLC could be considered misleading.

“Are you actually showing the free elements of the game when you’re doing your marketing?” she asked.

All this before even considering the impacts of subscriptions and battle passes on a free-to-play game, which Davies proceeded to discuss in her full presentation…

Find out more about our next event – Pocket Gamer Connects Helsinki 2024 – and how to register your interest, get tickets and take part, here.