Since early 2024, the Digital Services Act (DSA) has been in effect, which means new obligations for many online platforms around transparency, security and responsibility towards users. The DSA not only affects (large) online platforms, different providers such as video game developers will also be affected by the DSA. This blog discusses the main components of the DSA and what this legislation may mean specifically for video game developers.
The DSA applies to providers of brokering services, a term that is broadly interpreted and falls into three subcategories: providers of pass-through services ("mere conduit"), caching brokering services and hosting services. This legislation affects not only video game developers, but all online platforms offering such services. For example, online gaming providers also fall within the scope of the DSA when they offer chat features or other interactive elements.
For video games, there are several aspects that fall under the scope of the DSA:
In-game chats and other communications between players fall under the "mere conduit" provisions. This includes both textual and voice communications within the game;
Hosting games in an online environment is considered a "caching" service. This is particularly relevant to cloud gaming services and games that store serverside data;
User Generated Content (UGC) falls under hosting services. This covers any content created and shared by players, such as skins, mods or entire game worlds, including content provided through in-game stores.
These aspects are characteristic of modern online games, leading many developers to deal with the DSA.
The DSA introduces several due diligence obligations for developers. Central is the obligation to establish a transparent and accessible contact point where users can go with questions and reports. This contact should not be exclusively through automated systems; users should be able to choose how to contact them.
Another important obligation concerns the review of general terms and conditions. These must not only be clear and accessible, but also contain specific information about any restrictions placed on the use of the service. It is essential that these terms and conditions be written in understandable language and regularly updated.
Developers must implement a thorough notice-and-action mechanism, which goes beyond the notice-and-takedown system from the E-commerce Directive. The DSA specifically prescribes what information a notice must contain, including a reasoned explanation, the exact location of the allegedly illegal information and a good faith statement.
After receiving a report, the provider can take various actions, such as limiting the visibility of content, suspending payments or accounts, or terminating the service. The provider must inform both the reporter and affected users of the decision made and the reasons for it. For developers, this means that existing moderation systems may need to be revised to meet these new, more detailed requirements.
The Digital Services Act has impacted a wide range of online providers since its enactment in early 2024. From video game developers to online gaming providers, and from social platforms to online marketplaces - many have had to adjust their services to comply with the new regulations. For all of these providers, it remains critical to carefully consider the various obligations imposed by the DSA, such as implementing notice-and-action mechanisms and revising terms of use.
It remains essential to periodically review existing legal documentation and procedures and tighten them where necessary. This applies not only to new services and functionalities, but also to existing systems that may require further modification to remain fully compliant.
