A guide to six regulatory risks shaping games in 2026
Dr Simon Hembt is counsel at Bird & Bird in Frankfurt, Germany. He advises games companies on IP, AI/tech, and media regulation. He co-edited Bird & Bird's Game Plan 2026 report. Read more
Six regulatory risks shape the gaming industry in 2026. These risks stem from various laws at national and European Union levels that may apply to different features of games. One such risk is the EU AI Act's rules on deepfakes and the representation of real-world locations and people in games. Another is the proposed rules on online safety under the EU KIDS Act, which could affect daily log-in bonuses and other aspects of games.
Additionally, the Digital Fairness Act (DFA) might contain several rules that affect in-game worlds. The EU Consumer Protection Cooperation Network (CPC) has started enforcement actions based on its key principles, which cover incentives for children to buy in-game items, unclear currency pricing, and undisclosed influencer marketing.
The issue of AI use in games has become particularly sensitive, with studios now obligated to mark AI-generated outputs in a machine-readable way. Studios must also ensure they are clear about AI systems used in games, such as generative AI tools for creating user-generated content (UGC). Providing AI tools for UGC creates an obligation for the provider as the maker of the AI tool. Deepfakes created using third-party AI tools may also need labeling in some cases.
Written by urgent.news from GamesIndustry's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
