Revenue Monetising games because the physical and/or online If games are distributed outside stores (rather than the publisher) the physical and/or online stores, process the payments from users for example, directly from the and interface with them. publisher’s website, it’s vital to Nonetheless, it’s important to have consider the practicalities of the terms and conditions for the game strict consumer distance selling laws. (often referred to as an End User These require, among other things, Licence Agreement, or EULA) to a refund mechanism – a process limit the publisher’s liability and to that would normally be carried out inform users about what they can by the relevant app store. and cannot do with the game – In-game purchases/’freemium’ particularly if gameplay features user-generated content or online In-game purchases are another multiplayer. These terms and important revenue stream, conditions should also contain certain covering anything from in-game provisions mandated by the platform cosmetic items and consumables providers under their agreements with to downloadable content and the publishers. For more information, expansions and, of course, loot boxes. see our Small print section. Some games can be considered to have adopted a ‘freemium’ model, In addition, the inclusion of a privacy with the game download itself policy is important in order to assist being free but with in-game content the publisher in complying with available for purchase to benefit data protection laws. The policy gameplay or improve the experience. should set out what the developer will do with users’ personal data as The most common issues around in- well as several other key pieces of game purchases relate to misleading information required by Article 28 of advertising and descriptions which the GDPR and/or its UK equivalent, misdirect players about the extent the UK GDPR. For more information, to which the game is free, or to which see our Data section. in-game purchases are required in order to play and progress efficiently. 59