EU DIGITAL SERVICES LEGISLATION
related personal and non-personal data is stored and processed under EU-approved frameworks. These regulations necessitate adjustments in how gaming companies handle user accounts, cloud saves, in-game purchases, and behavioral analytics. Recent cases Epic Games v. Apple: The legal battle between Epic Games and Apple highlighted issues related to platform control and revenue sharing. Epic challenged Apple’s App Store policies, particularly the 30 percent commission fee and restrictions on alternative payment methods. The case underscored the complexities of digital marketplaces and the need for regulations like the DSA to ensure fair competition and protect consumer rights. Valve’s Legal Challenges: Valve Corporation, the operator of the Steam platform, faced legal scrutiny in the European Union for practices such as geo-blocking and refund policies. The European Commission fined Valve and other publishers for restricting cross-border sales within the EU, a practice contrary to the Digital Single Market initiative. This case emphasizes the importance of compliance with regional regulations to avoid legal repercussions. Temu’s Investigation by the European Union: In October 2024, the European Union initiated an investigation into the Chinese e-commerce platform Temu for allegedly failing to prevent the sale of illegal products. The probe focuses on Temu’s compliance with the DSA’s requirements to prevent the sale of non-compliant products and the reappearance of previously suspended traders. This case illustrates the EU’s commitment to enforcing the DSA and the
potential consequences for platforms that fail to comply.
Conclusion The Digital Services Act signifies a transformative shift in the regulation of digital services within the European Union, with profound implications for the gaming industry. By enforcing stringent content moderation, data privacy, and transparency requirements, the DSA aims to create a safer and more accountable online environment. Adapting to the DSA’s requirements presents challenges for gaming companies, especially smaller enterprises with limited resources. Compliance necessitates investment in advanced content moderation technologies, legal counsel, and staff training. However, non- compliance poses greater risks, including hefty fines and reputational damage. Companies are advised to conduct thorough assessments of their current practices, engage with legal experts, and develop comprehensive compliance strategies to align with the DSA’s mandates. Additionally, the convergence of DSA, GDPR, Data Act, and DGA fundamentally reshapes advertising strategies in online gaming, demanding greater transparency, ethical data use, and compliance with strict privacy laws. While these regulations impose operational challenges, they also present an opportunity for gaming companies to build trust-based advertising models, fostering sustainable and legally compliant monetization. Failure to adhere to these evolving requirements could result in severe financial penalties and market access restrictions, making compliance an urgent priority for gaming companies operating within the EU.
JAKA REPANŠEK President, Slovenian Advertising Tribunal, Founder, RePublis For information contact jaka.repansek@republis.si
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IMGL MAGAZINE | MARCH 2025
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