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In Video Games

German Regulator Opens Proceedings to Blacklist Video Game Coin Master for its In-game Monetization Model

by 8 Mins Read

As it is currently being reported in many German news outlets, the Federal Review Board for Media Harmful to Minors (Bundesprüfstelle für jugendgefährdende Medien, “BPjM”) has (upon application) opened proceedings to blacklist the mobile game Coin Master for its in-game monetization model which is allegedly targeted towards minors and would involve gambling-like elements. The game came under scrutiny in the wake of several adverse news articles in well-known German magazines and newspapers for its in-game…

In Video Games

Germany: Rewarded In-app Advertisement, Profile Linking and In-game Monetization Models Targeted by New Draft Guideline

by 19 Mins Read

The German State Bavaria has published a draft for a new guideline (Draft JuSchRiL) on the interpretation of the Interstate Treaty for the Protection of Minors (JMStV). The JMStV regulates, inter alia, youth protection matters for online media in Germany (including online video games, mobile games and apps). The new guideline – which clearly serves as a reaction to the ongoing loot box and monetization debate – states, among other things, that “advertisement which is…

In Data Privacy

German authority issues first fine under GDPR

by 4 Mins Read

The German Data Protection Authority in the state of Baden-Württemberg (DPA) imposed the first fine under the GDPR in Germany. The fine of EUR 20,000 was imposed on a chat platform provider for storing its users’ passwords without encrypting them. The unencrypted storing of passwords was revealed by the provider itself in conjunction with submitting a breach notification to the DPA following a hacker attack.It began with a security breachThe chat platform provider “knuddels.de” was…

In Video Games

Germany: Warning Letters to Two Mobile Game Developers for In-app Purchases

by 14 Mins Read

The “Market Guardian Experts” organization (Marktwächter) of the Consumer Protection Association Rhineland-Palatinate (“CPA RP”) announced that it has sent a cease-and-desist letter to two mobile game providers, Outfit7 Limited and Green Tea Games Limited, for an alleged violation of child-related advertisement laws. According to the CPA RP, the two mobile games offer in-app purchases for a price of up to 109.99 Euros and promote them with obtrusive pop-up advertising throughout the game. 1. Summary and provided arguments Outfit7 Limited received a warning letter…

In Video Games

German Consumer Association Sends Warning Letter; Indirectly Warns Other Gaming Companies

by 2 Mins Read

The German consumer association North Rhine-Westphalia (Verbraucherzentrale NRW) announced that it considers numerous terms of service of a leading console marketplace to be in breach with the German law on standard business terms. For this reason, the Verbraucherzentrale NRW sent a cease and desist letter to Sony Europe to stop using the allegedly violating clauses. As an example, the Verbraucherzentrale NRW names clauses which require the user to use his/her pre-paid credit within 24 months to avoid expiration. The Verbraucherzentrale…

In Data Privacy

GDPR – German data protection authorities establish new rules for whistleblowing hotlines: Call for action

by 2 Mins Read

In light of the GDPR, the German data protection authorities (German DPAs) have issued new guidance regarding the implementation of whistleblowing hotlines. The new position of the German DPAs is so fundamentally different from their pre-GDPR position that German companies should review, and likely implement changes to, any existing whistleblowing hotlines offered to their employees.The general EU position before the GDPR came into effect was that whistleblowers were encouraged to disclose their identity rather than…

In Video Games

Game Changer: German USK Allows Games with Swastikas for Classification

by 20 Mins Read

One minute ago, at 11 am CET on August 8, 2018, the German classification board (“USK”) announced that it will from now on accept applications for the classification of video games which include swastikas and other so called “nazi symbols”. The decision will most likely be the beginning of the end of an era in which video games which include “unconstitutional” symbols had to be heavily altered for their German release. The decision has significant…

In Video Games

Fan service (ファンサービス): German Regulators Increasingly Crack Down on Japanese Anime Video Games

by 5 Mins Read

Fan service (ファンサービス): German regultors increasingly crack down on Japanese anime video games | LinkedIn Facts During the last 18 months a significant change of the regulatory practice in relation to Japanese anime games featuring so called “fan service” (ファンサービス / fan sābisu) took place in Germany. Five games were refused classification by the German Age Rating board (“USK”): Criminal Girls 2, Valkyrie Drive: Bhikkhuni, Senran Kagura: Peach Beach Splash, Gal*Gun 2, and Omega Labyrinth…

In General

Loot box regulation – Germany’s KJM issues its decision

by 4 Mins Read

On 23 March 2018 the German Commission for the Protection of Youth in the Media (KJM) released its long awaited official position on loot boxes. The KJM is the head regulator for youth protection in online media in Germany (including video games, apps, social casino, etc.). Whilst the KJM’s statement is non-committal it outlines that loot boxes can, under certain circumstances, violate youth protection laws. The KJM is not responsible for regulating gambling. Thus, potential…

In Data Privacy

Can you appoint in-house legal counsel as a DPO? – Guidance from Germany

by 3 Mins Read

Under the European General Data Protection Regulation (GDPR), which will start to apply on 25 May 2018, many companies will be required to appoint a Data Protection Officer (DPO). Violating the requirements relating to the appointment of a DPO can be sanctioned with fines of up to EUR 10 million or up to 2 percent of the total worldwide annual turnover, whichever is higher. So, who do you appoint as your DPO? Companies may choose…

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