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Video Games

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Children now spend a lot of time playing games online, but the gaming industry has received less scrutiny than social media or streaming platforms over privacy concerns. As gaming grows, the scale of user vulnerability increases as well. Many young people do not understand the data risks posed by online games. Luckily, privacy regulators are increasingly focusing efforts toward protecting children’s safety and autonomy online. Young people enjoy online games because they allow for play, learning and…

The video game industry is expected to generate over 200 billion USD in 2023. While this includes the sale of home consoles and physical video games, the largest growth is in mobile gaming. There are an estimated 2.7 billion gamers worldwide, of which 2.6 billion are playing on mobile devices such as smartphones and tablets.[1] Mobile gaming platforms allow individuals to play without a gaming console or personal computer. They are the most popular for…

I. Introduction This article focuses on the use of NFTs in metaverses. At first, we will briefly introduce NFTs, particularly in the video games industry. Video games feature vast virtual worlds that are a considerable part of many companies’ metaverse strategy, with many of the major fashion brands bringing their products to video games. Subsequently, we will provide insights concerning two key legal areas for NFTs: financial regulation (Section II) and intellectual property rights (Section…

In this episode of TMT Talk, Harry Valetk is joined by Renata Amaral, Head of the Environment, Climate Change and Sustainability Practice Group at Trench Rossi Watanabe in Brazil, to discuss consumer protection in the video gaming industry with a special focus on advertising. Learn what makes video game consumers a special category of consumers, who acts as providers according to the law and court decisions, how the law considers children video game consumers and much more. https://open.spotify.com/episode/5UbATK7NbZaXvoB1i8ZImR

This article was originally published in the Asia Video Industry Report 2022 by the Asia Video Industry Association (AVIA). To read the full report on their website, please click here. Legal Views: Online Gaming Privacy Regulation in Asia Pacific Covid-19 has accelerated growth in the video game industry, with online games specifically (which include massive multiplayer online games (MMOGs) as well as casual and social games that can be either played directly in an internet…

In this episode of TMT Talk, Harry Valetk, is joined by Tiago Zapater, a litigation partner at Trench Rossi Watanabe in Brazil, to discuss the monetization challenges in video games. Listen in to learn how video games sell and make money, loot boxes and their significance in the region, recent decisions and class actions in Brazil and much more. https://open.spotify.com/episode/1gQHSoWdjUlwNrvYgpXbCt

In Part 3 of our blog articles series on Key Employment Law Topics in Video Games M&A (see part 1 here and part 2 here) we will conclude the series by focusing on the regulatory and employment law environment in Germany with respect to the use of external workforce. Misclassification risks are the most common employment law-related “red flags” in video game transactions. Therefore, it is of vital importance to understand the legal consequences of…

General purpose After several attempts to classify the content of video games in Mexico, the Ministry of Interior (SEGOB) on November 27, 2020, published the General Guidelines of the Mexican System of Classification Equivalencies for Video Game Content. It is more likely than not that the Mexican government borrowed a page from the Entertainment Software Rating Board (ESRB) classification system applied in United States. Moreover, the guidelines set the content specifications for classification purposes, specifying…

A judge from the Small Claims Court in the State of São Paulo has ruled that a console operator cannot permanently lock the console in case of a user’s violation of the Terms and Conditions. According to the court’s ruling, under the Consumer Defense Code, blocking the user’s ID, even if established in the Terms and Conditions, may be considered as an abusive penalty since the user has no opportunity of defense nor the opportunity…

The Association for Child Safety (ANCED) filed seven class actions against game developers and companies that host platforms for game downloading, seeking an injunction to ban loot boxes in online games. Although there is no regulation for loot boxes under Brazilian statutory legislation, the class Plaintiff alleges loot boxes are harmful for children and teenagers, as it may trigger gambling disorders and it is largely based in advertising for children, which is strictly regulated under…