Dealing with gamers Small print At the time of writing, only one In-game currency obligation under s72(1) OSA applies In-game currencies may raise now and relates to provision of regulatory issues and the terms and information around a user’s right conditions will need to adequately to bring a claim for breach of reflect these. For more information contract under certain stipulated see our In-game currencies section. circumstances. Other requirements will need to be put in place over the Enforceability course of the next few years so in- scope game businesses may need It’s not enough to have terms to update their EULAs more than and conditions buried somewhere once. See our Online safety section deep in the game. Players need for more information on the Online to be presented with clear terms Safety Act. and conditions at the right time in the process if the terms are to be In-game purchases enforceable. It’s very important to make it This is particularly important clear to players at the outset if when capturing consent both to in-game purchases are available, the EULA and to the privacy and especially if game experience cookies policies (there are specific depends on making them. In requirements around consent for addition, particular care must be the purposes of data protection given when explaining this if the and cookies). game is directed at children. Being upfront and transparent is key. For Depending on the way the game more information, see our In-game is distributed, there will be different purchases section. appropriate ways of making sure terms and conditions are enforceable and that user consent is obtained. Where boxed copies of console games are sold, the traditional ‘shrink wrap’ approach where the 93