Electronic Commerce in the Gaming Industry. Legal Chal- lenges and European Perspective on Contracts through Elec- tronic Means in Video Games and Decentralized Applications

Abstract

The present paper explains the need in the application of electronic commerce regulations to the so-called in-game purchasing activity in video games, particularly, purchase of intangible items, where such game is commoditized, focusing on the legislation of the European Union. It examines in detail the various applications of European regulations to the issues connected to the gaming industry in the European Union - gambling regulations, geo-blocking, data protection, smart con- tracts validity and enforcement, virtual currencies regulation in the scope of contractual law, and shows a possible way to adapt the national legislation of the Member States and European legis- lation in order to secure electronic commerce in the gaming industry. The present paper analyses gaps in existing legal procedures, stresses the necessity of new legal models in order to regulate the purchase of intangible items in video games and decentralized applications and underlines the importance of amendments to current European legislation with particular focus on new devel- opments of Create, Retrieve, Append, Burn technology and commoditized video games in order to protect consumer rights and the free movement of digital goods and to accomplish the Digital Single Market Strategy of the European Union.