Your consumer rights when it comes to digital games
The rise of digital gaming raises concrete questions: can I get a refund? can I resell? What happens to my data? Contrary to a widespread belief, EU law offers genuine protections. But you still need to know the right texts, and not reach for the wrong instrument.
1. Directive (EU) 2019/770, digital content and services
This is the central text for a digital game. Transposed in France (Consumer Code, art. L.224-25-1 and following), it imposes an obligation of conformity (the game must match what was promised and must work) and frames the publisher's ability to modify the content after purchase.
2. Directive 2011/83/EU, consumer rights
It provides a 14-day right of withdrawal for an online purchase (art. L.221-18). Beware: for digital content supplied immediately, this right can be neutralised if you have expressly consented to immediate performance while waiving the right of withdrawal, hence the importance of clear consent.
3. Directive 93/13/EEC, unfair terms
Any term creating a significant imbalance to your detriment is deemed unwritten (art. L.212-1). This is the basis for challenging a discretionary termination or an unfair unilateral modification.
4. GDPR, your gameplay data
Many games, even single-player ones, collect data. The GDPR requires a valid legal basis, clear information, data minimisation, and rights of access, rectification and erasure. When the publisher relies on consent, that consent must be freely given, specific, informed and unambiguous. Making access to a single-player game conditional on unnecessary data collection is legally questionable. In the event of a breach, penalties can reach 10M€ or 2% of worldwide annual turnover, and up to 20M€ or 4% for the most serious infringements (whichever amount is higher).
What about copyright (2019/790)?
Directive 2019/790 on copyright in the digital single market is often cited, but it mainly concerns rights holders and preservation by heritage institutions, not directly resale or consumer protection. Confusing it with the texts above is a common mistake.
To go further: law versus CGU · resale in France.
Official references
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