Your consumer rights when it comes to dematerialised games
The rise of dematerialised games raises concrete questions: can I get a refund? resell it? What happens to my data? Contrary to a widespread belief, European law offers real protections. You still need to know the right texts, and not mistake one instrument for another.
1. Directive (EU) 2019/770, digital content and services
This is the central text for a dematerialised game. Transposed in France (Consumer Code, art. L.224-25-1 et seq.), it imposes an obligation of conformity (the game must match what was promised and must work) and regulates the publisher's ability to modify the content after purchase.
This directive alone does not govern every rewriting of the CGU or the CLUF. In France, the regime for modifications to digital content or services is set out notably in article L.224-25-26 and applies to contracts concluded from 1 January 2022 onward. Modification of the contractual text remains, in parallel, subject to acceptance, to the binding force of the contract, and to review for unfair terms.
Depending on the case, the consumer may request that the content be brought into conformity, a price reduction, or termination of the contract. The goal is therefore not always to obtain the eternal upkeep of a server: a refund or a proportionate reimbursement can be the legally most realistic remedy.
2. Directive 2011/83/EU, consumer rights
It provides for a 14-day right of withdrawal for an online purchase (art. L.221-18). Note: for digital content supplied immediately, this right can be neutralised if you have expressly consented to immediate performance by waiving your right of withdrawal, which is why clear consent matters.
3. Directive 93/13/EEC, unfair terms
Any term creating a significant imbalance to your detriment is deemed not written (art. L.212-1). This is the basis for challenging a discretionary termination or an abusive unilateral modification.
4. GDPR (RGPD), your game data
Many games, even single-player ones, collect data. The RGPD 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 case of a breach, penalties can reach 10 million euros or 2% of worldwide annual turnover, and up to 20 million euros or 4% for the most serious violations (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 rightsholders and preservation by cultural heritage institutions, not directly resale or consumer protection. Confusing it with the texts above is a common mistake.
To go further: law versus CGU · reselling in France.
Official references
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