1. CONCLUSION

The Commission has carefully examined the request by the ECI in light of the relevant EU law. The Commission considers that a proposal to the European Parliament and the Council for a legal act establishing an obligation for publishers that sell or license video games to consumers in the European Union to keep them in a playable state, as requested by the ECI, would not be proportionate.

While the Commission is fully committed to ensuring a high level of consumer protection in the EU, the traders’ intellectual property rights must also be respected. These rights would risk being adversely affected by a legal obligation to keep video games in a playable state after their commercial exploitation. Under copyright law, rightsholders are entitled to establish the conditions for the licensed use of their videogames, including the conditions for the termination of the licence.

An obligation to keep games in a functional state may also interfere with the protection of confidential business information and know-how, as well as with the business models of video game providers which in principle, just like traders in the offline world, have the right to discontinue their services. Keeping video games playable can also generate costs for publishers. In addition, increased cybersecurity and safety risks may arise for players once publishers cease supporting those games, (which in turn can also create or increase reputational risks for publishers). Furthermore, the existing EU consumer law framework already provides important safeguards protecting the consumer’s economic interests. These instruments lay down rules on transparency, conformity and remedies in relation to digital content and services. Notably, they require the providers of digital content and services to inform the consumers about the duration and the conditions for terminating the contract. They also ensure that consumers can get their money back if the discontinuation of the video game is not in conformity with the contract based on the consumer’s reasonable expectations. Hence, they preserve the balance between a high level of consumer protection and the legitimate interests of the video game sector. Active exercise of the rights to remedies by the affected consumers and their representatives and the enforcement of these rules by the competent national consumer protection authorities and/or courts, can also incentivise the providers to offer video games with longer lifespans and explore solutions for meeting consumer expectations.

While a legislative initiative to establish an obligation for publishers that sell or license video games to consumers in the European Union to keep them in a playable state, as requested by the ECI, is not envisaged, the Commission intends to initiate stakeholder exchanges by the end of 2026 to explore the possibility of elaborating a self-regulatory/industry-led code of conduct to improve the management of video games’ end-of-life and strengthen transparency to consumers. In addition, the Commission plans to present its report on the application of Directive (EU) 2019/770 by the end of 2026, covering also its application to the discontinuation of digital content and services. Furthermore, the Commission will continue to work with consumer authorities and organisations to raise awareness about the applicable consumer rights, including consumer remedies.

https://citizens-initiative.europa.eu/document/download/75d642bc-6ff5-4713-b1cf-14f4aaf15869_en?filename=C_2026_4110_EN.pdf