The EU KIDS Act: What game developers need to know

On September 17, the EU Commission unveiled a draft of the proposed EU KIDS Act, also known as Keeping Internet Digital Spaces Accountable and Trustworthy. The most contentious provisions only pertain to social networks and video sharing platforms, including a ban for users under 13 and restrictions for those under 15. However, there are additional stipulations that affect online games, AI companions, chatbots, app stores, and operating systems.

If enacted, these rules would be applicable to all online games sold in the EU territories, imposing significant limitations on familiar online features. While games sold on physical discs without online components are clearly excluded, there are borderline cases where games might still fall under the scope, such as those sold on US storefronts attracting European players.

However, services primarily designed for educational purposes, operated by educational institutions or organizations, and certain not-for-profit services are exempt. Providers of online games are required to ensure that excessive use by minors is not encouraged, and parents of minors under the KIDS Act are those responsible for implementing the new obligations.

Providers must implement parental controls and age assurance solutions, although these requirements are less stringent than those imposed on social networks. The draft act extends beyond traditional loyalty mechanics, targeting any feature that penalizes players for not returning at scheduled intervals, even in persistent worlds.

In practice, this necessitates the implementation of age estimation and other proportionate methods, as long as they are accurate, privacy-preserving, and not discriminatory. Self-declaration alone is insufficient. Additionally, there is a provision on Codes of Conduct regarding age ratings and online games, aiming to transform the existing PEGI framework into a legally binding requirement.