A leaked draft of the European Commission’s proposed Digital Fairness Act has raised concerns among some in the games industry about its potential impact on the future of monetisation, game design, and developers operating across the EU.

The leak came ahead of the official proposal from the Commission presented today, November 11th, providing greater detail on the legislation.

The draft outlines restrictions on paid loot boxes, pay-to-win and pay-to-progress mechanics for minors, alongside requirements around virtual currencies and design features that may encourage excessive engagement.

Arcanix.AI director Oscar Clark expressed concerns about how the proposed measures could affect developers, particularly for smaller teams.

"Again, we are going to see regulations enforced by people who have insufficient understanding of game design and development," he said, speaking with PocketGamer.biz. 

Clark also raised concerns that the proposed regulations could lead to games being treated similarly to gambling, although he noted he had yet to assess that risk fully.

Despite his concerns, Clark recognised that the industry has a responsibility to protect vulnerable players and suggested developers have not always done enough to address problematic practices. 

"Our failure to police bad actors and poorly implemented choices, as well as our failure as an industry to make our case, is on us. This is the price of those compounding failures."

Despite the concerns around the proposed changes, some see potential benefits in other areas. EU digital policy analyst James Tamim points to plans to replace existing consumer protection legislation with a regulation that could introduce more consistent rules across the EU.

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