Since early 2024, the Digital Services Act (DSA) has been in effect, introducing new obligations for online platforms regarding transparency, safety, and responsibility towards users. The DSA affects not only (large) online platforms; various providers such as video game developers will also encounter the DSA. This blog discusses the key components of the DSA and what this legislation specifically means for video game developers.
Scope of the DSA
The DSA applies to providers of intermediary services, a concept that is broadly interpreted and falls into three subcategories: providers of mere conduit services, caching intermediary services, and hosting services. This legislation affects not only video game developers but all online platforms that offer such services. For example, providers of online gambling services also fall within the scope of the DSA when they offer chat functions or other interactive elements.
For video games, there are several aspects that fall within the scope of the DSA:
- In-game chats and other communication possibilities between players fall under the ‘mere conduit’ provisions. This includes both textual and voice communication within the game;
- Hosting games in an online environment is considered a ‘caching’ service. This is particularly relevant for cloud gaming services and games that store server-side data;
- User Generated Content (UGC) falls under hosting services. This includes all content created and shared by players, such as skins, mods, or entire game worlds, including content offered through in-game stores.
These aspects are characteristic of modern online games, which means many developers will have to deal with the DSA.
Core obligations for developers
The DSA introduces various due diligence obligations for developers. Central to this is the obligation to establish a transparent and accessible point of contact where users can submit questions and notifications. This contact cannot be exclusively through automated systems; users must be able to choose how they make contact.
Another important obligation concerns the revision of terms and conditions. These must not only be clear and accessible but must also contain specific information about any restrictions placed on the use of the service. It is essential that these terms are drafted in comprehensible language and regularly updated.
Developers must implement a robust notice-and-action mechanism, which goes beyond the notice-and-takedown system from the E-commerce Directive. The DSA specifically prescribes what information a notification must contain, including a substantiated explanation, the exact location of the allegedly illegal information, and a statement of good faith.
Upon receiving a notification, the provider can take various actions, such as limiting content visibility, suspending payments or accounts, or terminating the service. The provider must inform both the notifier and the affected users about the decision taken and the reasons for it. For developers, this means that existing moderation systems may need to be revised to comply with these new, more detailed requirements.
Conclusion
Since its implementation in early 2024, the Digital Services Act has impacted a wide range of online providers. From video game developers to online gambling providers, and from social platforms to online marketplaces – many parties have had to adjust their services to comply with the new regulations. For all these providers, it remains crucial to carefully consider the various obligations that the DSA brings, such as implementing notice-and-action mechanisms and revising user terms.
It remains essential to periodically evaluate existing legal documentation and procedures and strengthen them where necessary. This applies not only to new services and functionalities but also to existing systems that may require further adjustment to remain fully compliant.
SOLV has extensive experience in advising online platforms, gaming companies, and other online service providers. Do you have any questions following this blog or would you like to seek advice? Please feel free to contact us.
