Games trade authorized developments to look at in 2026: AI, youngster security, loot packing containers and extra

In December final 12 months, we fetched our crystal ball and made some predictions on the authorized developments that may impression the video games trade 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 (-). Actually, it appears our predictions for 2025 had been extra correct than in earlier years – 2025 didn’t deliver many surprises. Still, it was actually not a boring 12 months. We’ll additionally look into what 2026 will deliver.

1. Artificial intelligence

What we predicted

We predicted extra developments in copyright/AI litigation in addition to extra steerage from courts on how precisely corporations should reserve their rights, corresponding to whether or not this should be within the type of a robots.txt or one other web protocol, or whether or not plain textual content is ample. Our advice was to not depend on plain textual content solely.

We additionally hoped to see extra steerage from the EU’s AI Office on IP, together with steerage on AI and knowledge safety.

Accuracy of prediction: (+++)

What occurred

Maybe 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 in opposition to AI: 1:1

In a case in opposition to OpenAI, the Regional Court of Munich ruled in favour of GEMA, Germany’s collective society for music. The Court held that ChatGPT’s mannequin contained copies of the unique works of GEMA’s members, which had been reproduced and made out there in response to easy prompts by customers. Such reproductions quantity to infringements of remunerable copyright, for which OpenAI should acquire a licence that gives the copyright holders with applicable remuneration. There is not any cause to imagine that games-related IP must be handled in a different way.

As to AI coaching, the Higher Regional Court of Hamburg has confirmed it may be permissible underneath the so-called Text and Data Mining exception of EU copyright regulation. It additionally said that an opt-out in plain text form was not a sufficient reservation of rights, as this isn’t thought of ‘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 “opt out”.

On a extra normal degree, the EU’s AI Office revealed its General Purpose AI Code of Practice to assist companies to adjust to the AI Act authorized 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.

Data Protection in opposition to AI: 0:1

Training AI with publicly out there knowledge has additionally been held admissible underneath knowledge safety regulation: the Higher Regional Court of Cologne dominated that how Meta used knowledge on Facebook to coach its AI complies was permissible. The court docket thereby rejected an software for an injunction filed by the Consumer Protection Association of North Rhine-Westphalia. The court docket held that Meta has a “legitimate interest” in creating its AI merchandise that, on this particular context, outweighs person pursuits, offered customers are transparently knowledgeable and given the chance to object (opt-out).

Internationally, nevertheless, totally different regulators worldwide evaluated the very same follow, 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 “legitimate interest” as a sound authorized foundation on this context, citing extreme dangers to customers’ basic rights. Similarly, there was vital regulatory pushback in Europe previous to the Cologne ruling: In June 2024, Meta was pressured to pause its AI coaching plans within the EU and the United Kingdom following strain from the Irish Data Protection Commission (DPC) and the UK’s ICO, each of which raised considerations relating to legality.

AI use within the video games trade

While fighting using their IP for the coaching of third-party AI, video games corporations had been exploring easy methods to greatest leverage GenAI for the creation of their very own video games. This typically contains utilizing AI coding assistants and picture or asset mills.

On the topic of rights possession, it’s now extensively recognized that AI generated content material usually doesn’t qualify for copyright safety. This signifies that not less than key visuals must be human creations, not machine creations. Coding assistants appear to be used typically, though this may put a query mark on the protectability of the code. In case an organization relying closely on AI to create sport property 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 vitally handy that some are actually out there by way of “AI marketplaces” underneath Open Source licenses and may be simply built-in into native shoppers and their person interfaces. The query to which extent the corporate integrating third-party AI into their very own person interfaces is accountable underneath the AI Act is much less easy.

Still, the impression of the AI Act on the video games trade is proscribed to this point. Transparency obligations are tough to fulfill solely in some circumstances (particularly NPCs and particularly NPC bots filling up lobbies of aggressive video games). However, the European Commission vaguely mentions that AI built-in in video games may even be prohibited in some circumstances. Amongst examples talked about are games that are designed to be highly addictive, or exploiting the vulnerabilities inherent to children.

What will occur in 2026

Major studios will work on their very own AI, and examine how they’ll legally prepare it.

It can even be fascinating to see what Meta and X will do: will they give you 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 “inspired” by older, nice video games. And then: let the authorized battle start.

Beyond that, new use circumstances for AI will proceed to be explored. AI for higher matchmaking, to struggle 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 client legal guidelines) should be noticed. “AI-related regulation will speed up, with new legal guidelines on deepfakes, particularly, which 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. Online platform regulation

What we predicted

It was clear to us that the DSA and its compliance would turn out to be more and more essential. While we didn’t anticipate any early rulings on the function of any specific on-line sport underneath the DSA, we anticipated the authorities to take a better take a look at in style video games and ask sport corporations for extra data.

For on-line platforms, the EU Commission supposed to publish tips in 2025 which handled the safety of minors. We predicted that the safety of minors could be a key level of concern underneath the Digital Services Act.

Accuracy of prediction: (+)

What occurred

In July 2025, the European Commission revealed its guidelines on the safety of minors. The tips 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 latest claims for a greater safety of customers and minors and manipulative designs which we’ll focus on in a second.

In late 2025, the European Commission issued its first ever DSA effective, to X (previously Twitter) for breaching its transparency obligations. Further proceedings are nonetheless ongoing and different stakeholders, like TikTook, have accepted commitments for compliance.

What will occur in 2026

We anticipate enforcement of the DSA in opposition to gaming corporations to turn out to be more and more possible in 2026. We do not need to alarm anybody, and we acknowledge that this may occasionally sound imprecise, however here is why: In 2024, the EU Commission laid down a harmonized template for transparency studies in an Implementing Regulation. The first reporting interval, for which this template should be used, ends on 31 December 2025. These studies should be revealed by the top of February 2026. Therefore, it’s going to most likely be straightforward to see who has executed their homework and who hasn’t. To be extra particular, we anticipate extra investigations by the Digital Services Coordinators and doubtlessly by client organizations in 2026.

3. Terms of Use / EULAs and Consumer Protection

What we predicted

We predicted that the renaissance of client regulation enforcement in opposition to video games corporations will proceed. Many of those circumstances will likely be settled behind closed doorways, however client organizations are ready to go to court docket if obligatory.

We additionally stated that whereas this may occasionally sound like dangerous information, it would nonetheless be preferable to an increasing number of laws from EU lawmakers: The European Commission, nevertheless, appears to be decided to suggest a brand new Digital Fairness Act.

Accuracy of prediction: (+)

What occurred

All that we had predicted, simply worse. The Consumer Protection Network (CPC) and the European Commission 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 in opposition to “Star Stable Online“ (a game which was not on the radar of many observers before) on the same day added to this impression. It all felt like the BEUC report, but on steroids.

In the Key Principles, the CPC and the European Commission 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 Commission doesn’t cease there: they’re additionally decided so as to add one other layer of client safety, the Digital Fairness Act. The Digital Fairness Act is one more client safety regulation geared toward tackling darkish patterns and addictive design, as if we did not have already got the Unfair Commercial Practices Directive, which incorporates broad prohibitions.

What will occur in 2026

From 19 June 2026 onwards, apps and web sites that allow customers to enter into distance contracts (together with video games) should show a clearly seen button for withdrawing from the contract. Based on our expertise in Germany with a nationwide cancellation button whose necessities are very comparable, we assume that client organizations will monitor the implementation rights from the beginning and ship warning letters.

But… the one authorized matter which the trade will likely be involved about, is the Digital Fairness Act. “The Digital Fairness Act could fundamentally reshape game design for many free-to-play games,” says Riot’s Nabel, “with new EU rules on dark patterns, retention mechanics, virtual currencies, and pay-to-win systems.“

A European General Counsel advised us: “In the wake of the discussions around the EU’s Digital Fairness Act, there is the risk that existing successful self-regulatory approaches are hampered and that legitimate business models are micro-managed by regulation to a point they become factually impossible, thus decreasing consumer choice. There is also the opportunity, though, for co- and self-regulatory approaches to be improved and strengthened to a point that perceived concerns can be addressed in an effective and flexible manner – and faster than any regulation could.”

4. Loot Boxes

What we predicted

We do not suppose the dialogue on loot packing containers will cease, but it surely is likely to be overshadowed by the broader digital equity dialogue we talked about within the client safety part above.

Accuracy of prediction: (+)

What occurred

Just as we foretold. The United States noticed a landmark settlement between the FTC and the distributor of Genshin Impact, which lead the latter to reveal win possibilities and real-world prices straight on the acquisition display screen, and keep away from multi-step foreign money conversions that might confuse youthful gamers.

Brazil took a hardline stance by passing a regulation that can ban loot packing containers for minors beginning in 2026. Given Brazil’s market dimension, this transfer is predicted to pressure vital design modifications moderately than market exits.

In Australia and Europe, the main target has shifted to age scores and worth transparency. Australia now requires a minimal “15+” ranking for video games with chance-based purchases. The upcoming Digital Fairness Act could impose even stricter, doubtlessly mandating that minors be shielded from loot field publicity totally underneath the Digital Services Act.

In Belgium, the authorized panorama stays tense because the long-standing “ban” continues to be not often enforced by authorities. However, non-public litigation is stepping in: a latest case in opposition to Apple explored whether or not storefronts are responsible for internet hosting unlawful loot packing containers. The case was in the end 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 authorized foundation for comparable scrutiny of digital loot packing containers underneath normal client safety legal guidelines.

Specific enforcement actions within 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—corresponding to “prize wheels”—should precisely mirror the precise weighted odds. Meanwhile, in South Korea, strict necessary disclosure legal guidelines are actually in impact, although worldwide compliance stays inconsistent.

Finally, 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 Government to look at whether or not loot packing containers, attributable to their “gambling-like mechanisms,” ought to legally be handled as playing. If applied, this might possible lead to a compulsory 18+ age ranking for video video games containing such buy choices. Furthermore, the Council calls for full transparency relating to profitable odds and pricing, whereas additionally pushing for a unified European regulatory framework throughout the “Digital Fairness Act.”

What will occur in 2026

Our predictions for 2026 are precisely the identical as for 2025: The dialogue on loot packing containers received’t cease, however it is going to be extensively a part of the broader dialogue on digital equity we talked about within the client safety part above. “Regulatory pressure on loot boxes will continue to increase in 2026,” says Nabel, “with extra nations shifting towards age restrictions (corresponding to 18+) and even outright bans.“ Game builders will attempt to design across the bans and strict rules, however so long as customers 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 proper of withdrawal particularly will likely be one side of the broader client safety matter mentioned above.

Accuracy of prediction: (+)

What occurred

Oh yeah – simply take a look at the CPC’s Key Principle quantity 5: Consumers’ right of withdrawal should be respected.

The dialogue largely centered on the appropriate of withdrawal when premium in-game digital foreign money is spent. The CPC says that, amongst different issues, the next practises must be averted:

• Denying customers’ 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 client’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 within the element right here. In specific: a proper of withdrawal for unused digital foreign money, and that the appropriate of withdrawal can also be meant to use whether or not the participant pays with in-game digital currencies, or simply supplies private knowledge to the dealer.

What will occur in 2026

The proper of withdrawal will likely be revisited in ongoing discussions in regards to the CPC Key Principles and Digital Fairness. Unfinished merchandise will proceed to create flamewars, though the authorized significance of this concern will stay low. Instead, discussions on sport sunsetting will likely be on the rise.

6. Clones and different IP disputes

What we predicted

For clones, we hoped that Google and Apple would not less than come nearer to DSA compliance – having legitimate contact knowledge from clone publishers might be a game-changer within the app house. On the opposite hand, for prime worth productions, there nonetheless is a scarcity of dependable case regulation, and we didn’t anticipate a landmark case to be determined by the courts in 2025.

But IP disputes go properly past clones, we stated, and we anticipated litigation in opposition to cheat bots to stay essential. Also, as Nintendo reached a beneficial settlement in opposition to one other Switch emulator, we anticipated different emulators to be underneath scrutiny as properly.

Finally, we predicted that not all video games corporations would tolerate their IP exhibiting 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 Services Act (DSA) proved correct. The most vital shift occurred on February 17, 2025, when Apple started strictly implementing the “Trader Status” requirement within the EU App Store, 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 Commission 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 out to be 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.

In the Sony vs. Datel proceedings on cheats, the German Federal Supreme Court handed down its final judgment on the case (following a 2024 ECJ choice) and held that mere RAM modifications may not represent copyright infringements. However, the ruling doesn’t overly have an effect on the struggle in opposition to 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 totally intact.

Finally, as anticipated, the strain between IP holders and AI suppliers escalated all through 2025, with vital authorized actions taken by rights holders. While we’re nonetheless ready for a definitive “AAA Game 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 Times launched litigation against Perplexity AI in December. These circumstances additional sign that rights holders usually are not prepared to tolerate the uncompensated use of their content material for coaching knowledge, a pattern that the video games trade is now poised to observe.

What will occur in 2026

IP disputes stay a key authorized matter within the video games trade, however not the one which causes sleepless nights. That is, and can stay, the query on easy methods to greatest leverage your IP – for merch, to struggle in opposition to cheaters, and more and more within the context of AI.

7. Market dominance and platforms

What we predicted

We’ll merely quote it verbatim: “One general counsel told us that he expects ‘fights over DMA implementation in Europe with far reaching consequences to the industry and revisiting regulation over advertising in interactive entertainment’ to be the hot topics for 2025.”

What occurred

The prediction of “fights over DMA implementation” was an understatement: 2025 was a 12 months of open regulatory warfare. The battle escalated considerably on April 23, 2025, when the European Commission 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 an in depth, the Coalition for App Fairness published another open letter in December, accusing Apple of “persistent non-compliance,” arguing that the brand new “Core Technology Fee” and revised fee constructions nonetheless violate the spirit of the regulation by making various shops economically unviable.

The U.S. Circuit Court of Appeals delivered a blended ruling within the ongoing battle between Epic Games and Apple. While the court docket conceded that Apple is entitled to cost a ‘cheap charge’ for exterior transactions to recoup safety prices, it explicitly dominated that the corporate’s imposed 27% fee violated the present injunction. Furthermore, 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. Pretty a lot 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 find out a compliant charge construction, a growth Epic CEO Tim Sweeney hailed as the start of “large-scale change”.

What will 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 struggle, you want deep pockets and guts. Those who do not can proceed to observe Epic’s epic battle, which possible is just not over.

8. Youth safety past blood and violence

What we predicted

A European General Counsel advised us: “Calls on video game companies to employ age verification methods will likely continue in 2025. However, age verification is not a universal remedy and needs to work on an international level as well as without interfering with users’ privacy. Instead of setting up new requirements that may be disproportionate, voluntary approaches that have proven to be effective and that respect both the parental autonomy and the children’s right to participate should be strengthened. The majority of video games are suitable for minors and parental controls are widely available free of charge.”

We stated that addictive design can even turn out to be a significant matter for digital video games and apps in 2025. The European Commission had expressed its authorized opinion that digital interfaces which might trigger psychological hurt fall underneath the General Product Safety Regulation, which grew to become relevant in late 2025.

Accuracy of prediction: (+)

What occurred

Interaction dangers (corresponding to chats and monetisation) are more and more taken under consideration for age scores. In Germany, the age ranking authority USK estimates that about one third of all rated video games include such dangers, and for one third of them (11% in complete) it led to the next age ranking 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 person’s actual id and the digital service: the third-party verification supplier checks the person’s authorities ID however is technically blocked from figuring out which particular web site or sport the person is accessing. Conversely, the platform itself receives a cryptographic token confirming the person is over 18, however by no means sees, processes, or shops the person’s actual identify or passport knowledge. For the video video games trade, it presents a pathway to regulatory compliance with age regulation with out turning into an information honeypot.

In Germany, the Interstate Treaty on the Protection of Minors within 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 embody the authority to order cost service suppliers to dam transactions to non-compliant platforms (“payment blocking”) and, as a final resort, to implement community blocking.

The reform tries to rework the KJM’s potential to behave in opposition to offshore violators, shifting from administrative warnings to reducing off income streams. However, this laws faces vital criticism relating to the danger of “over blocking”, as broad technical mandates could lead to the inadvertent censorship of legitimate content, if automated filters could be launched which can lack the nuance to differentiate 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 Times, 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, Explore) for all teen accounts.

From what we hear, quite a few lawsuits have been filed within the US in opposition to main online game corporations. The lawsuits allege that these corporations deliberately designed addictive video games that focus on kids. However, we’re not conscious of any additional investigations by the European Commission into this particular concern. In 2025, the DSA coated addictive design extra extensively.

What will 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 vital threat for the video games trade is the blurring of definitions. As regulators wrestle to obviously distinguish between “Social Media” and “Games with Social Features” (Roblox, Fortnite, MMOs), there’s a threat of the Australian strategy spilling over.

In 2026, we’ll see the primary EU member states proposing amendments to increase social media bans to incorporate social gaming platforms, arguing that chat features and UGC pose the identical psychological dangers. The distinction between a “game” and a “network” would be the main authorized battleground.

Furthermore, the rollout of the EU Digital Identity Wallet (EUDI) is predicted to increase the “double anonymity” precept (defined above) to the remainder of the EU. For publishers, the EUDI presents a “tokenized age check” the place the state verifies age, maintaining delicate participant knowledge off firm servers. However, this centralization introduces a single level of failure. As highlighted in debates, a compromised pockets exposes the person’s complete id (corresponding to ID and drivers license). Consequently, whereas the EUDI may resolve technical hurdles, the trade should put together for person pushback relating to the potential for abuse and surveillance.

The controversial Kids Online Safety Act (KOSA) is predicted to cross the legislative end line in 2026. The invoice goals to impose a strict “duty of care” on on-line platforms, holding them legally responsible for design options that contribute to psychological well being harms in minors. Specifically, the laws targets compulsive utilization patterns by mandating that “addictive” parts – corresponding to infinite scrolling and auto-play movies – be disabled by default for younger customers. However, 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—notably focusing on LGBTQ+ content material—and that enforcement would paradoxically require invasive age verification. As the invoice advances, the trade is already reacting; even earlier than enactment, main platforms are adopting stricter moderation requirements.

9. Data safety

What we predicted

“We nonetheless suppose that Mr Schrems will likely be again, however as no choices are to be anticipated within the short-term, the belief and security side is likely to be extra urgent.“

Accuracy of prediction: (+/-)

What occurred

Mr Schrems was again, however not in the best way we anticipated – the EU-US Data Privacy Framework continues to be in place. Instead, Mr. Schrems’ organisation None of Your Business (noyb) filed a grievance with Austria’s Data Protection Authority in opposition to Ubisoft in May 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 could have legit pursuits in areas corresponding to “analytics and ad serving”, “product improvement” and “security”, however holds that these are overruled by avid gamers’ privateness rights within the case of single-player video games. It will likely be fascinating to see how this one performs out, provided that accumulating telemetry knowledge for analytics functions (to develop updates, for instance) is frequent follow amongst gaming corporations.

Apart from that, no huge knowledge safety occasions for video games corporations in 2025, however a surprisingly liberal choice on using private knowledge for AI coaching, as mentioned within the preliminary paragraph of this text.

What will occur in 2026

While knowledge safety stays essential, the dialogue will deal with harmonising current knowledge safety provisions and ideas with different digital rules. Hopefully, the EU Commission’s proposal for a Digital Omnibus Regulation, which introduces long-awaited (however not totally convincing) modifications to cookie guidelines, is simply the beginning of the transfer in the direction of less complicated guidelines.

Next 12 months, we anticipate to obtain additional steerage on aligning the GDPR with authorized ideas set out within the Data Act and the AI Act, and probably even the Cyber Resilience Act (though this will not be prepared till 2027).

10. Esports

What we predicted

Following the announcement of the Olympic Esports Games in 2025, we stated that “something about integrity” could be a no brainer, doubtlessly within the type of laws on doping in esports. We additionally stated that match-fixing and dishonest could be related – once more – and that cybersecurity may play a extra essential function.

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 corresponding to CS2, Dota 2, and TF2. Effective instantly, event organizers are prohibited from integrating case opening or pores and skin buying and selling websites into their occasions. Furthermore, 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. Tournament organizers and golf equipment should now evaluate and, if obligatory, amend their current sponsorship contracts, whereas affected third-party platforms face the problem of figuring out their authorized response to those restrictions.

A couple of days earlier than that, Valve had made vital modifications to the merchandise economic system in CS2. Since then, it has been attainable to acquire a random knife or pair of gloves (the rarest merchandise class) by way of an improve contract. Previously, such gadgets might solely be obtained in a case, and the percentages had been low. This replace precipitated many gamers to panic-sell their in-game gadgets, resulting in a massive market crash on Valve’s Steam marketplace.

What will occur in 2026

We concern that some stakeholders within the esports ecosystem will proceed to wrestle to stay worthwhile. At the identical time, we anticipate a debate about Valve’s energy to alter the foundations.

New pattern: Cybersecurity

Also in 2025, there have been main exploits which involved gamers, together with distant execution instructions that might abuse gamers’ techniques. However, this phenomenon is just not restricted to esports solely however is related for the entire trade.

What will occur?

Cybersecurity is turning into more and more essential, so it’s certainly one of our new (separate) prime picks for 2026.

Game corporations must put together for compliance with the Cyber Resilience Act. The first step will likely be to see which video games are “in scope”. The scope is likely to be wider than what many suppose – as even single participant video games typically are related to a community (not less than to obtain patches). The Cyber Resilience Act can even have an enormous impression on early entry video games which should additionally, not less than to some extent, meet the necessities set out earlier than being positioned on the EU market. The obligations can 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, though most of those won’t take impact till the top of 2027.

Additionally, video games corporations that make use of cloud computing or different expertise which falls underneath the NIS-2 Directive, compliance with NIS-2 should be urgently reviewed and applied.

New pattern: Ingame economics – Second Life reloaded

Roblox, Fortnite and CS all made modifications to their sport economics. While in the end, corporations intention to advertise engagement in a great way, such modifications have enormous financial impacts. And the place there’s an financial impression, authorized questions are by no means distant. In our case, we anticipate new discussions on client safety, platform dominance and the query of whether or not Richard Bartle’s phrase continues to be true, and Developers are Gods.

The prime 10 developments for 2026:

So what are the highest 10 authorized developments for 2026 and the way will their significance develop in comparison with 2025? Here’s our private prime 10 checklist.

1. AI (=)
2. Consumer safety (up)
3. Product and cyber safety (up)
4. Youth safety past blood and violence (=)
5. Online platform regulation (down)
6. Clones and different IP disputes (=)
7. Lootboxes (down)
8. Data safety (=)
9. Market dominance (down)
10. Esports (=)

Dr. Andreas Lober is a companion within the Frankfurt workplace on the regulation agency ADVANT Beiten. He has been advising online game corporations for a few years. This article incorporates enter from ADVANT Beiten’s Lennart Kriebel, Daniel Trunk and Fabian Eckstein. The views expressed on this article are private predictions.