European Commission's Digital Fairness Act draft bans loot boxes and pay-to-win for minors

Published 10 Nov 2026 · Games Atlas Editorial · Regulation & Compliance · Companies: Electronic Arts, Activision, Epic Games, Supercell

Games Atlas summary: A leaked Digital Fairness Act draft bans paid loot boxes and pay-to-win mechanics for under-18s. Paid virtual currencies in games directed at minors must be disabled by default. Enforcement carries fines of up to 6% of worldwide annual turnover. The Act takes the form of an EU Regulation, applying directly across all 27 member states. Age ratings become a legal trigger, making PEGI classification a monetization design decision.

The draft extends consumer law into monetization architecture

• Articles 14 to 17 introduce a "fairness-by-design" standard for digital monetization.
• The DFA would repeal and replace the 2005 Unfair Commercial Practices Directive.
• No national transposition is required, closing implementation gaps between member states.
• Rules would apply 12 months after entry into force.
• Adoption could slip to late 2027, with broader application potentially deferred until 2030.

Storefront and currency UI must show real-money value

• Article 14 requires every virtual currency to display its real-money equivalent.
• BEUC demanded this in a 2024 report, and CPC Network cases against games firms rest on it.
• For minors, paid currencies stay off until a parent or guardian approves.
• Whether "disabled" covers only purchase flows or in-game functionality remains unsettled.
• "It may be difficult for minors to resist such perceived pressure to pay" - Digital Fairness Act, alleged draft text

Loot boxes and engagement loops need opt-out controls for all players

• Article 15 bars paid variable reward systems for minors entirely.
• Adults must see item types and drop probabilities, plus tools to disable loot boxes.
• Article 17 requires opt-outs for login rewards, streaks and unsolicited push notifications.
• Simulated relationships and autoplay-style consumption also fall under Article 17.
• The Commission can expand this list and the dark-pattern blacklist by delegated act.
• The draft names ten banned interface practices, including false scarcity and pre-selected add-ons.

Age ratings now determine which rules apply

• Minors are defined as anyone under 18.
• A PEGI 16 rating or below indicates child-protection provisions apply.
• Minors also count as a significant audience at 25% or more of players.
• PEGI already moved EA Sports FC from PEGI 3 to PEGI 16 over Ultimate Team packs.
• An 18+ rating faces fewer restrictions, creating an incentive to pursue higher ratings.

Pay-to-win remains the hardest provision to engineer

• Article 16 covers purchases necessary, or presented as necessary, for progress or success.
• Interpretation of these concepts is far from settled.
• Whether adults may still buy competitive advantages over minors in mixed-age games remains open.
• Personalized pricing that could harm minors or vulnerable users is also restricted under Article 13.
• Subscriptions need express trial conversion consent, one-click termination and access to human support.

Industry and Commission disagree on whether the rules help players

• "In-game currencies play a central role in free-to-play mobile games." - European Games Developer Federation
• Supercell CEO Ilkka Paananen warned last year that currency curbs would "cripple the industry and fail to protect players."
• Video Games Europe warned in September 2025 that broad definitions could enable a currency ban.
• The leaked text restricts virtual currencies but stops short of eliminating them.
• The EU27 games market generated €23.48 billion in 2022.
• Live-service publishers such as EA, Activision and Epic may need changes to global pipelines.
• The draft is preliminary, and the Commission does not comment on leaks.

Sources

• What the Digital Fairness Act means for the games industry | GamesIndustry.biz (gamesindustry.biz)
• EU’s draft Digital Fairness Act takes aim at loot boxes, virtual currencies and pay-to-win – Mobilegamer.biz (mobilegamer.biz)
• Europe is about to get very tough on loot boxes in games, according to a leaked draft of the landmark Digital Fairness Act | Eurogamer.net (eurogamer.net)
• The EU Draft That Could Force EA, Epic, and Activision to Redesign Their Games Before 2030 (techtimes.com)