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This article is part of ‘Guidelines on the protection of the online consumer’. View full guideline

Rules regarding in-game purchases

Game providers are eager to tempt players into spending money in their games. However, it is important that players are not misled into making in-game purchases. That is why there are rules in place for the use of in-game sales techniques. Aggressive and unfair commercial practices are not allowed. Consumers must be able to make well-informed decisions regarding purchases.

Business models

There are different business models for games. The most common ones are:

In this model, players pay to play the game. Pay-to-play games include:

  • Retail/Box revenue premium games: Players buy the game once, and are able to play the full game.
  • Subscription: Players buy the game as a service. Players thus periodically pay a subscription fee for temporary access to the game.

In this model, downloading the game does not cost any money, but the provider generates income from other purchases that players make within the game. These are not necessarily mandatory expenses. Examples are:

  • Micro-transactions: purchases that players make within the game, such as game content or add-ons. Such add-ons can be, for example, virtual items, weapons, cosmetic items, skins or currency;
  • Pay-to-win: this is a micro-transaction where players pay in order to become better and to win;
  • Season passes: access to temporary game modes;
  • Data-driven or data-for-access: players pay (implicitly) for access by sharing their user data;
  • In-game video ads;
  • In-game ads and product placement.

A subtype of the free-to-play model where players are able to make purchases is also referred to as the ‘freemium’ model. Since players do not pay for playing the game, the barrier to playing the game is quite low. This model has the most in-game incentives to make purchases. It is not allowed to advertise games using this business model as ‘free’.

In-game sales techniques

Game providers really want players that are involved. That is why they stimulate players to spend money within the game. To that end, they often use different techniques, for example:

The more time, effort and money players have put into a game, the likelier it becomes that sales techniques will have an effect on them. In that context, the ‘sunk cost fallacy’ also plays a role: once you have invested in a game, you are less likely to quit that game and start a new one. Moreover, people often act impulsively when playing games. They are immersed in a game, and are thus not so alert to sales techniques as consumers in a store (online or brick-and-mortar) are.

Rules regarding in-game sales techniques

These kinds of techniques are allowed, as long as they do not mislead players into making purchases. In addition, players cannot be put under so much pressure that they are unable to make a well-informed decision. If you sell items or services within a game, you must comply with certain rules. Aggressive and unfair commercial practices are not allowed.

That is the case, for example, if games exploit the vulnerabilities of players, for example, by matching players with different skill levels. Novice players will then want to make more purchases in order to progress within the game.

What exactly constitutes an aggressive or unfair practice may vary in each situation. For example, ACM is very strict when assessing practices involving minors (17 or younger). They are often more sensitive to persuasion techniques. And they are often also prone to FOMO (fear of missing out), which is a very strong incentive to deciding to make in-game purchases. Game providers cannot directly encourage minors to make in-game purchases.

In-game stores

Players are often able to make purchases within games. Game developers create in-game stores. If you use such an in-game store, you need to comply with certain rules. Aggressive and unfair commercial practices are not allowed, just like with any other online store. It is important that you do not mislead consumers into buying something. In addition, do not put so much pressure on players that they are no longer able to make an informed decision.

What exactly constitutes an aggressive or unfair practice may vary in each situation. Do many children (players under 18) play the game? If so, ACM will be extra strict in its assessment. That means you need to be mindful of the target audience of your game. In that context, it will help if you conduct a study into your player base, and how this group responds to any changes you make to the in-game store.

What is required and what is not allowed?

  • When offering items in the in-game store, always display the real price in euros, even if you use an in-game currency.

  • For each item that can be obtained through loot boxes, indicate the odds of a player actually getting one. You cannot put so much pressure on players that they make decisions they would not have made if they had not been pressured. Loot boxes are virtual containers that contain items or customization options that can be used in the game.

  • You must take into consideration the profiles of your players. For example, if players are younger than 18, you have an extra special responsibility not to pressure them into buying items.

  • Do not tempt players younger than 18 into browsing the in-game store. Children are more susceptible to persuasion techniques. They are often more prone to ‘fear of missing out’ (FOMO) and more susceptible to peer pressure than adults are, for example with regard to cosmetic items in multiplayer games where social aspects also play a role. As a result, they feel pressured sooner to make purchases.

  • Do not exert undue pressure on players to purchase items. Pressure is considered undue if you, for example, keep repeating making a certain offer within a very short period of time or if you influence players by having them experience certain setbacks or adverse circumstances within the game with the intention to stimulate them to buy items. Think of offering upgrades when a player has lost a match or a round or think of having players constantly play against more experienced players. The odds of losing increase, and so does the pressure to buy an upgrade that is impossible (or almost impossible) to unlock for free.

Tips

  • When offering items in the in-game store, you can use in-game currency so long as the price of the item that is offered is also displayed in a real currency. Read more about the rules regarding in-game currency.

  • You can offer loot boxes in the store so long as you do not use any unfair techniques to make players buy them. That means that you cannot exert so much pressure on players that they make a decision that they would not have made if they had not been pressured. For each item that can be obtained through loot boxes, indicate the odds of a player actually getting one, and do not mislead players. Read more about the rules regarding loot boxes.

Examples

Example: a player is misled into buying an item following a loss

A player plays a game where the player battles other players. In the game, players can buy items in the in-game store. With those items, the player’s avatar becomes stronger, and their chances of winning go up. The player loses their next battle, and sees a pop-up screen. The text in that pop-up suggests the player to browse the in-game store. This is only allowed if the player is 18 or over.

Example: a player is pressured to buy something

A player plays a competitive online game. The game’s matchmaking system should match that player with players with similar levels. In reality however, the system matches the player with higher-level players, which results in many losses. Each time the player loses, the game shows the in-game store. The store sells items that increase the player’s chances of winning. This is undue pressure. That is prohibited.

Relevant regulations

Explanation of regulations

Enforcement

Common position of national authorities within the CPC (2013)

In-game currency

Many online stores, apps, and games use their own currency. With those currencies, players are, for example, able to buy items, take out subscriptions, or unlock additional game content. If you use in-game currency, you will need to comply with certain rules. It is important that your use of in-game currency does not mislead consumers. They must be able to make an informed decision about any purchases.

Consumers are often able to earn currency in games, for example by simply playing the game or by actually buying in-game currency with real money such as euros. Consumers are able to spend in-game currency in the game’s online store or an in-game store. If consumers buy something with currencies other than euros, the connection with real money will be less strong. The threshold to spend money is thus lower.

What is required and what is not allowed?

  • Always display the price in a real currency (euros) when offering something in your own currency. Do so prior to the transaction as well. If the price can not reasonably be converted to a real currency, you must show how you arrive at the stated price.

  • Do not use your own currency if the connection with real money is not clearly there. If you do not display the real price in euros when offering something and during the transaction, no transactions can be conducted, and you cannot sell anything with your own currency.

Tips

  • When converting from you own currency to euros, you can, for example, use the base value for which the in-game currency is sold. The base value is the smallest possible amount of in-game currency that a player can buy. If you do, explain clearly that the displayed amounts in euros are on the basis of this conversion method.

Examples

Example: a player buys a new weapon with in-game currency

A player browses an in-game store. He notices that a powerful weapon is for sale. With that weapon, his avatar will become stronger, and his chances of winning the game will go up. The weapon can be purchased for 600 ‘in-game coins’. The player can earn in-game coins within the game or he can buy them with real money. The player buys a coin pack, with which he can buy the weapon. In the in-game store, it is clearly explained that 1,000 coins costs 5 euros. However, the price of the weapon is only given in the in-game coins: 600. It is not explained that this equals 3 euros. That is not allowed. When offering the weapon, the price must also be presented in a real currency.

Relevant regulations

Explanation of regulations

Enforcement

TikTok did not comply with the rules regarding virtual in-game currency. That is why ACM, together with other European consumer authorities and the European Commission, confronted TikTok with their findings. TikTok subsequently committed to adjusting its policy. For example, TikTok would offer a cooling-off period for purchases made by players with virtual currencies. In addition, TikTok would also start adding the real-world value to the value in in-game currency. ACM will assess whether these changes are sufficient according to the Dutch law.

Loot boxes

Players must be able to make informed decisions about purchases. If they cannot, it may be considered a misleading practice. That is why there are rules in place for when you offer loot boxes. Always state the price, including in a real currency. Indicate the odds of winning a specific item from a loot box, and do not pressure players into buying loot boxes.

Players can win or buy loot boxes. Loot boxes are virtual boxes that contain items and in-game customization options such as weapons or outfits for online characters. The contents of each box are only revealed after players have opened their boxes. Players often do not know the odds of winning items from loot boxes. However, you must be transparent about those odds. The gambling aspect of loot boxes (not knowing what items the loot boxes contain) exploits the vulnerabilities of players.

A loot box is often a small purchase involving a couple of euros. However, players often buy multiple loot boxes as time goes by. That can add up significantly. You must be transparent about the costs, and you must state them in a real currency. You must do so whenever a loot box is offered, and on the checkout screen of transactions, even if loot boxes can only be bought with an in-game currency.

In addition, keep in mind the time and place where you offer loot boxes. Do not pressure players by offering loot boxes when they are vulnerable, because it is important that players are able to make an informed decision about the purchase of a loot box.

What is required and what is not allowed?

  • Always state the price of a loot box in a real currency (euros) clearly and prominently. If you state the price of the loot box in an in-game currency, you must also state the amount in euros. You must also do this when the transaction takes place. In addition, read the rules about converting a price in an in-game currency.

  • For each item that can be obtained through loot boxes, indicate the odds of a player actually getting one.

  • You must take into consideration the profiles of your players. For example, if players are younger than 18, you have an extra special responsibility not to pressure them into buying items.

  • Do not sell loot boxes without clearly stating the odds of winning specific items from the loot box.

  • Do not leave out the price in a real currency when offering the loot box. If you state the price of the loot box in an in-game currency, you must also state the amount in euros. In addition, read the rules about converting a price in an in-game currency.

  • Do not pressure players into buying loot boxes, such as by offering the loot box at a time when players are unable to make an informed decision, for example right after losing a match. Keep this in mind.

Tips

  • The way in which you offer loot boxes and when you offer them are important. Make sure that you do not pressure players into buying loot boxes.

Examples

Example: Loot boxes

A company has developed a video game with loot boxes, which contain outfits or weapons for the consumers’ avatars. Players can buy loot boxes using in-game currency. When offering the loot boxes, the company does not state the odds of obtaining a rare outfit from the loot box. In addition, the price of the loot box is not stated in euros either. That is not allowed. The real price must be clear so that the connection with real money is kept intact. Without such a connection, the threshold to spend money is lower. Furthermore, for each possible item that can be obtained from loot boxes, the company must state their odds of obtaining them when offering the loot box.

Relevant regulations

Explanation of regulations

More info: links and footnotes

Promoting games as ‘free’

It is important that players of games know what they can expect. Is a game completely free or is it possible that players need to make purchases after downloading the game for free? Be clear about such details. You cannot mislead players. It is misleading to let players believe that a game is free, when it is not. That is why you need to comply with certain rules if you promote your game as free.

Game developers often say that their games are free. However, players sometimes can or need to make in-game purchases after downloading the game for free, for example, game content or add-ons such as virtual items, weapons, cosmetic items, skins or in-game currency. Such games use a ‘free-to-play’ or ‘freemium’ business model.

Most of these purchases involve small amounts of money. That is why such purchases are also called microtransactions. Microtransactions are sometimes required in order to progress in the game, but this is not always the case. Purchases are sometimes not required, but the game does exert social pressure on players to make purchases, or the game exploits the players’ ‘fear of missing out’ (FOMO) by encouraging them to buy items. In such situations as well, games cannot be promoted as ‘free’.

Misleading practices are not allowed. Therefore, explain clearly to players what costs they can expect.

What is required and what is not allowed?

  • The price of the game must be clear in advance. Does the game include paid elements? If so, that fact must be clear when offering the game, so before a consumer downloads the game.

  • Do not promote your game as free if in-game purchases can be made, even if such purchases are optional, for example in order to progress in the game.

  • Do not promote your game as a free download without explaining that in-game purchases can be made. In that context, explain what elements of the game can be purchased. Explain this when offering the game, so before a consumer downloads the game.

Tips

  • You can promote your game as free if that is truly the case. That means that, in the entire game, no purchases can be made or that players do not need to pay for anything.

  • You can promote your game as a free download if you also say that in-game purchases can be made. In that context, explain what kinds of purchases can be made, for example skins, downloadable content (DLC), or extra lives.

Examples

Example: Game that can be played for free with in-game purchases

You promote your game as a ‘free’ game. Prior to downloading the game, consumers are not able to see that in-game purchases are possible, for example, for extra lives, weapons, or in-game currency. They do not know that they can expect additional costs. That is not allowed.

You cannot call a product a ‘free’ product if consumers can make in-game purchases. When offering their games, businesses must indicate that in-game purchases can be made.

Relevant regulations

Enforcement

Apple and Google have adjusted their app stores. They no longer promote games with in-game purchases as ‘free’ games. As a consequence, the risk of children making unwanted purchases when playing games has been reduced. This has been the result of actions taken by ACM together with other European regulators and the European Commission.

More info: links and footnotes

In-game payment settings

Before making a purchase, consumers must know what they can expect. That also applies to purchases of games and within games. It is important that consumers are not misled. Therefore, make sure that the default setting in your game is that players must always give their consent to any purchase, and that this safe default setting can only be changed with their consent.

Design your game in such a way that players deliberately choose to make a purchase. Present information in a logical location and in a fair manner. Furthermore, create an additional threshold in games that are played by children, which prevents children from making any purchases without their parents’ consent.

What is required and what is not allowed?

  • The default setting in your games must be that consumers give their consent to all purchases. Ask for the player’s consent if you wish to set a different default setting than this safe setting.

  • When asking for consent to a specific payment setting, make sure that it is clear what that setting entails, and for how long it is valid.

  • Do children (younger than 18) play your game? If so, ask for a password prior to any purchase. If a player purchases multiple items at the same time, asking for a password once for making those purchases will suffice.

  • Does your game’s target audience include children or do children play your game? If so, use a system with parental control settings for purchases. This should ensure that children cannot make any purchases without their parents’ consent.

  • Do not use a setting that makes it easier for players to make purchases for a certain amount of time, for example not having to enter a password for each purchase. You can only use such a setting if you have that player’s consent.

  • Do not leave a player’s consent to in-game purchases ‘on’ for a certain amount of time. You can only do so if you have that player’s consent to that specific amount of time.

  • If your game’s target audience include children or if children play your game, do not leave out a system with parental control settings for purchases.

Tips

  • You can use a setting making it easier for players to make in-game purchases after the player has given their consent to that.

  • You can leave a player’s consent to payments ‘on’ for an agreed upon amount of time with that player’s consent. For example, it will become easier for that player to make purchases using a credit card for a specific amount of time.

  • You can use microtransactions in games that are mostly played by children. However, if you do, you must ask a player’s password prior to each purchase. If a player purchases multiple items at the same time, asking for a password once for making those purchases will suffice.

  • You can choose not to use a system with parental control settings for purchases if your game’s target audience does not include children and if they do not play your game.

Examples

Example: computer game with subscription that is automatically renewed

You have developed a video game that can be downloaded for free. However, players will have to pay a monthly fee if they want exclusive content. A player visits your website to purchase a season pass or purchases one from the in-game shop. At the bottom of the ordering page, a box has already been pre-ticked. It says that the player gives their consent to automatic renewals of the season pass, and that the season pass can always be cancelled at any time. This is not allowed. It is not allowed to pre-tick a box saying that players will have their subscriptions automatically renewed each month. Ask for the consumer’s consent in advance.

Example: Mobile game with in-app purchases that is mostly played by children

You have developed a mobile game that can be downloaded for free. This game is mostly played by children (minors). Players are able to get extra lives and play extra levels by paying with real money. A young player plays the game on his mother’s tablet. After playing for a while, he has lost all of his lives, and a pop-up screen appears, asking him if he wants to purchase extra lives. He decides to click on it. During the ordering process, no password is asked. This is because his mother had already made a previous in-game purchase for her son. The payment settings were automatically saved at that time. As a result, the boy is able to continue playing at a fee. However, that purchase was not preceded by a parent’s deliberate choice. This is not allowed. You must ask for a password prior to each purchase. You can only save a player’s payment settings for a certain amount of time if that player has given their explicit consent thereto.

Relevant regulations

Enforcement

Apple and Google made changes to their app stores. They stopped promoting games as ‘free’. As a result, the risk of children making unwanted purchases when playing games was reduced. This was the result of actions taken by ACM together with other European regulators and the European Commission.

More info: links and footnotes

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