Games Industry Law Summit 2026 – key themes and reflections

For the first time earlier this month, Elinor Cavil had the pleasure of attending the 2026 Games Industry Law Summit, hosted in Berlin.

Each year, the conference brings together in-house counsel, private practice lawyers and industry specialists from around the world, to discuss the key issues shaping the gaming industry.

This piece highlights some of the main themes from this year's Summit, along with her reflections.

1. Child protection and online safety are moving centre stage

Across the UK, EU, US and other key markets including China, Brazil and Australia, protecting minors was a dominant theme. Approaches vary; from platform-level safety duties and screen-time concerns to social media bans for under-16s and strict play-hour limits. However, the overall direction is clear, games are now firmly within the scope of child-safety and online-safety regulation.

Age assurance and verification are becoming central to compliance but remain difficult to implement. Regulators expect companies to identify users' ages to apply child-specific rules, and self-declaration is no longer seen as sufficient.

The ICO's recent investigation into Reddit highlights the risks of relying on contractual terms where children may access harmful content. Technical solutions such as facial analysis, document checks and third-party verification are developing, but each bring trade-offs around privacy, accuracy and user experience.

Some industry initiatives aim to simplify this by reducing repeated data sharing by users, and speeding up verification - for example, through networks of pre-verified users, offering a potential way to address regulatory and privacy concerns without unnecessarily damaging the user experience.

2. Monetisation and "dark patterns" under sustained scrutiny

Regulators are placing monetisation models under increasing scrutiny, particularly where they are viewed as exploitative, opaque or harmful to consumers. In Europe, authorities are making greater use of consumer protection rules to challenge practices such as loot boxes and dark patterns.

In the US, state level laws are beginning to address algorithmic and dynamic pricing in video games, while emerging markets such as Brazil and China are experimenting with age-based bans on loot boxes and restrictions on virtual currencies to mitigate gambling like harms. China is also leading the way with enforced limits on how many hours per day children are permitted to spend playing video games.

Class actions are emerging as a key tool for challenging game features such as "addictive design", age gating, gambling style mechanics, monetisation and false advertising in games and adjacent platforms. Ongoing UK litigation around the legal status of in‑game assets may also reshape how digital property is treated going forward (see R v Lakeman [2026] EWCA Crim 4).

3. IP, data and content: protecting value while enabling creativity

From an IP perspective, the Summit underlined the need to protect core game assets, while finding controlled ways to encourage fan engagement and creator communities. 

• Data leaks and anti‑cheat software: Panels emphasised the importance of having a rehearsed incident‑response plan for leaks of game content, data or commercial information, including rapid containment, carefully managed communications, platform takedowns and, where appropriate, legal action.  Anti‑cheat systems were also highlighted as valuable trade secrets, and panellists cautioned that, in the event of litigation with players accused of cheating, proportionality should be exercised to avoid unnecessary disclosure of key code.
• Ambush marketing and fan ecosystems: The Summit highlighted that game developers and publishers are seeing increasing attempts by third parties to monetise the "vibe" of well‑known IP without an appropriate licence. In an attempt to drive fan engagement, while also reducing unauthorised uses, several game developers are experimenting with curated fan platforms that license game IP to creators in a controlled way, to support fan creativity and allow them to commercialise their creations without infringing. Excellent examples cited by panellists included Hasbro's "Dungeon Masters Guild" for fans of Dungeons and Dragons; and LEGO's "LEGO Ideas" community.
• Music and AI‑generated content: Music licensing in games remains complex, particularly in Europe. Given the split between composition and sound recording rights, the role of the numerous Collective Management Organisations and Performance Rights Organisations that exist and additional considerations to be had, from moral rights to equitable remuneration. Panellists stressed the need for early alignment with internal stakeholders on intended uses, robust rights clearance and due diligence, and long‑term rights strategies for re‑releases and remasters. AI‑generated music adds to the complexity, with the infringement risk of "sound‑alikes", and the likelihood that musical works generated by AI may need to be labelled as such. 

4. Foreshadowing of further social media bans

Social media bans for children was also a hot topic of the Summit, with interrogation of Australian panellists in light of Australia's recent ban on social media for under 16's. Helpfully, the UK government chose to delay their announcement of a similar ban until after the Summit, enabling British panellists to escape inquiry on that subject...

Developers and publishers expressed a desire to position games as "sociable but not social media", particularly in those jurisdictions considering blanket social media restrictions for children. Proactive engagement with regulators, including clear product explanations and demos, as well as maintaining the trust of users in game franchises and ensuring their safety were cited as critical to guard against games being inadvertently swept into broad, ill-fitting regimes. While the social media bans announced by Australia and the UK do not include video games within their scope, the general sentiment was that there is a clear and present risk that they could be in the near future.

5. Global compliance - optimistic or realistic?

A recurring theme throughout the Summit was whether, considering the ever evolving and increasingly onerous regulatory landscape for video games, "global compliance" is achievable. The consensus among attendees was that perfect global compliance is not realistic - and may not be desirable - for most games' businesses. Rather, developers and publishers are segmenting markets to prioritise where to invest in full compliance and where to accept measured risk or even exit. 

Concluding thoughts

Evidently, the range of legal risks and regulations for video games companies to grapple with is vast, but it was comforting to learn of the creative ways in which games companies are innovating to balance being regulatorily compliant and protecting their assets while preserving the user experience.