Games law lawyer & eSports law for developers and publishers
For developers, publishers, studios and platforms – publishing contracts, in-game monetisation and eSports.
Games law advice for the games industry
ITMR Rechtsanwälte advises developers, publishers, studios, platforms and eSports players on chains of title, contracts, monetisation, youth protection and data protection.
Games law bundles the legal questions surrounding the development, publication, operation, scaling and marketing of computer games. At the centre are chains of title, contracts, monetisation, platform compliance, youth protection, data protection, technical protection measures and eSports.
As a law firm specialising in IT law, media law, copyright law, trade mark law, competition law, data protection law and data law, we advise games companies along the entire product life cycle.
Practice focus: securing rights, structuring contracts robustly, setting up monetisation properly, examining platform and youth protection risks early and conducting disputes effectively.
Responsible for content: Jean Paul P. Bohne, Fachanwalt für IT-Recht (certified specialist lawyer for IT law), Fachanwalt für Urheber- und Medienrecht (certified specialist lawyer for copyright and media law), AI Officer (DEKRA), reviewed on 23 October 2026 (German version)
Quick start: what is your matter about?
Development and publishing
Structure development, publishing and distribution contracts.
Chain of title and trade marks
Secure code, assets, titles and characters.
Loot boxes and youth protection
Review mechanics, payment and target group.
Teams, sponsoring and events
Contracts, rights and marketing in eSports.
Your contact: Jean Paul P. Bohne, LL.M., MM
Partner, certified specialist lawyer for IT law and for copyright and media law (Fachanwalt für IT-Recht, Fachanwalt für Urheber- und Medienrecht).
What happens after your enquiry?
After your enquiry, we get back to you within 24 hours on working days. The first contact is free of charge. We inform you explicitly before any costs arise.
- A short description is enough. Describe the project, phase and parties involved. Helpful are draft contracts, EULA, monetisation concept and platform requirements.
- Receipt and initial sorting. We assess the enquiry on the basis of the project described, the documents and the apparent goal. Deadlines and dates should be clearly recognisable.
- Suitable starting point and cost range. We clarify whether an initial consultation, a service package or a specific mandate is the next step. As soon as the scope of the review is clear, we tell you the cost range – before work begins.
Typical cases from our practice
The following scenarios are abstracted and simplified. Which solution holds up always depends on the specific facts and the contractual situation.
MonetisationLoot boxes in a free-to-play game
- Starting point
- A publisher plans random in-game purchases.
- Key difficulty
- Transparency, target group and youth protection are open.
- Our work
- We review mechanics, price structure and user guidance.
- Work result
- A monetisation model with a documented risk assessment.
Simplified example.
EnforcementCheat software in multiplayer
- Starting point
- A provider sells cheats for an online game.
- Key difficulty
- Game balance and community suffer.
- Our work
- We classify claims under copyright and competition law.
- Work result
- An enforcement strategy against the provider.
Simplified example.
Typical constellation from practice
Publisher deal for an indie studio
- The starting point of many enquiries:
- A studio negotiates a publishing contract for its first game.
- What makes it difficult:
- Chain of title and revenue share are not properly regulated.
- What we do:
- We review transfers of rights, remuneration, scope and acceptance.
- The end result:
- A contract that supports scaling and due diligence.
Simplified, typical example without reference to a specific mandate.
What you will have at the end
| Service | Concrete result | Next step |
|---|---|---|
| Chain of title | Code, assets, music and characters | Send contracts with contributors |
| Publishing | Development, publishing and distribution contracts | Submit draft contract |
| Monetisation | In-game purchases and loot boxes | Describe mechanics |
| Data protection | Online and multiplayer structures | Outline data flows |
| eSports | Teams, sponsoring and events | Send draft cooperation agreement |
Games law advice for the gaming industry
Games law is the legal bracket for the development, publication, operation and marketing of games. In practice, copyright, trade mark law, contract law, competition law, youth protection, data protection and platform rules interlock.
Code, art, audio, story, characters, assets and other protected subject matter must be properly allocated and licensed.
Development, publishing, distribution, EULA, terms of use and live operations must work commercially and operationally.
Monetisation, UGC, moderation, store requirements, age ratings and risk assessments belong in a consistent overall model.
IP infringements, cheat software, competitive attacks, warning letters and conflicts with contractual partners need a robust strategy.
Mandate objective:
Setting up games projects so that they are legally robust, commercially scalable and compatible for publishers, investors, platforms and cooperation partners.
Topics on this page
Why ITMR in games law
Games projects need support that thinks technology, business model, marketing and conflict risks together.
Interdisciplinary approach
- Linking IT law, copyright law, media law, trade mark law and competition law
- Practical relevance for digital products, platforms, data models and international marketing
- Technology-oriented structuring rather than mere text review
Benefits of the mandate
- early risk management before launch, financing or a publisher deal
- clean contracts and clear allocation of rights for later scaling
- a dispute-proof position against IP, contractual and competitive attacks
Who we advise in games law
Our advice in computer games law is aimed at market participants who develop, distribute, market or operate games.
Target groups
- indie studios and established developers
- publishers and distributors
- platform operators, marketplaces and operators of digital ecosystems
- eSports teams, organisers, agencies and marketing partners
- investors, venture structures and strategic partners
- service providers in the field of live services, AI, community, moderation and infrastructure
Related topics
Further reading:
When you need us
Games mandates are rarely about a single question. Product design, chain of title, monetisation, platform requirements and marketing are regularly connected.
Before release
- legal structuring of a game before launch
- building a robust chain of title for code, assets, music, story and characters
- review of EULA, terms of use and platform approvals
- alignment of product, monetisation and legal framework
Growth & scaling
- negotiation of development, publishing and distribution contracts
- support for revenue share, investment and cooperation models
- legal protection of international releases and platform partnerships
Conflicts
- IP infringements, warning letters and competition law violations
- disputes over transfer of rights, remuneration, scope and acceptance
- cheat software, technical protection measures and unlawful interference
Copyright, IP structure and trade mark strategy
The commercial value of a game stands and falls with a robust chain of title. This concerns source code, art, audio, text, UI, characters, titles and other assets.
Statutory guardrail:
Under Section 69a UrhG (German Copyright Act), computer programs are protected by copyright. In addition, further work and sign rights may exist in art, audio, text and trade marks.
- transfers of rights between founders, employees, freelancers and service providers
- licensing of engines, middleware, SDKs and third-party assets
- questions of open source law and open source compliance
- protection of game titles, logos, characters and series marks
- trade mark strategy via trade mark law and trade mark service
Unclear transfers of rights frequently block publishing deals, due diligence, financing and international marketing. The IP structure should therefore be robust before release and before negotiations with third parties.
Contracts for development, publishing and distribution
Contracts form the operational foundation of the games industry. Development cycles are long, productions iterative, teams international and revenue models often multi-tiered.
Scope, milestones, acceptance, change requests, allocation of rights, remuneration, liability and project management.
Licensing models, marketing rights, exclusivity, revenue split, term, termination and exit provisions.
Store and platform rules, EULA, terms of use, terms and conditions, support and live operations.
Particularly relevant contract topics
- clear allocation of rights and responsibilities
- remuneration logic, revenue share and repayment mechanisms
- milestones, acceptance and change management
- warranty, liability, indemnities and escalation paths
- operational feasibility in agile projects and ongoing releases
Further reading:
Financing, funding and investments
Games projects are often financed through several building blocks: own funds, publisher advances, funding programmes, co-development structures, revenue share, venture capital or strategic investments.
What must be properly interlocked legally
- questions of rights and shareholdings in connection with investments
- publisher financing, milestone structures and repayment logic
- funding requirements and allocation of rights in funded productions
- IP and contract review in due diligence processes
Practical view: Financing, control over the game, chain of title and later marketing must fit together. This is precisely where the most expensive structural errors often arise in growth phases.
Monetisation, free-to-play and consumer protection
Monetisation is a core topic in games law. Free-to-play models, DLCs, season passes, battle passes, in-game purchases and virtual goods must be designed transparently, robustly and in a platform-compatible way.
Price information, information obligations, withdrawal issues and the presentation of virtual goods must be legally compliant and understandable.
Monetisation models must be properly embedded in the EULA, terms of use and terms and conditions.
Competition law risks often arise from aggressive user guidance, lack of transparency and unclear presentation of probabilities.
Typical review parameters
- product communication and user guidance
- presentation of probabilities, contents and virtual currencies
- target group, protection of minors and purchase triggers
- compatibility with competition law, consumer law and platform requirements
Practical rule: Monetisation must support conversion and the legal framework at the same time. Good models are transparent, robust and operationally feasible.
Loot boxes, youth protection and risk analysis
Loot boxes and comparable random mechanics are among the most sensitive areas in games law. A blanket assessment is out of the question. Decisive are mechanics, payment, transparency, target group and the overall product.
What we review in the individual case
- legal assessment of loot box and gacha mechanics
- questions of transparency and disclosure
- risk analysis with regard to youth protection and consumer protection
- classification of chat, purchase mechanics and reward systems as interaction risks under Section 10b (3) JuSchG (German Youth Protection Act) and under the proposed EU KIDS Act
- design of information, consent and notice structures
- coordination with product, monetisation and compliance teams
For the labelling and supply of game programs, Section 14 JuSchG (opens in a new tab) is particularly relevant. For online games and apps, the USK (opens in a new tab) explains the IARC system and online age ratings.
Deep dive: Games law: are you still looting or already gambling? and KIDS Act and online games: chat, battle pass, parental tools
Community, UGC, platform compliance and live operations
Today, games are regularly more than a static product. Community functions, live events, patches, seasonal content, mods, UGC, voice and chat functions as well as platform ecosystems shape ongoing operation.
Community rules and governance
- EULA, terms of use and community guidelines
- moderation, reporting systems and escalation paths
- user-generated content, fan content and modding structures
- creator, streaming and community-related collaborations
Platform and operational issues
- store requirements and platform requirements
- console ecosystems and digital distribution channels
- live operations processes and governance during ongoing operation
- interplay of technology, user guidance, responsibilities and enforcement
Important: Legally decisive, besides the individual text in the terms and conditions, is above all the interplay of product architecture, allocation of roles, moderation, user guidance and practical enforcement.
Copy protection, technical protection measures and cheat software
Protection against manipulation, circumvention and unfair exploitation is one of the central topics in computer games law. In practice, it is about technical protection measures, anti-cheat systems and the legal assessment of interference with gameplay.
Current guardrail:
On 31 July 2025, the BGH (German Federal Court of Justice) stated that cheat software does not infringe copyright “insofar as it does not rewrite the object or source code of the game software”.
- technical protection measures and copy protection systems
- copyright classification of circumvention mechanisms
- distinction between modding, permitted use and infringement
- enforcement against providers of unlawful tools
- judicial and extrajudicial enforcement of claims
Further reading:
Data protection, DPIA and cybersecurity
Online, multiplayer and live service games regularly process personal data on a considerable scale. Added to this are security issues relating to accounts, infrastructures, telemetry, communication data and incident response.
Core data protection points
- privacy policies and information obligations
- consent processes, protection of minors and allocation of roles
- tracking, analytics and community functions
- data protection impact assessments and consultation issues
- technical and organisational measures in interaction with cybersecurity
Art. 35 GDPR requires an impact assessment where processing is “likely to result in a high risk” to the rights and freedoms of natural persons. Data-intensive online and multiplayer structures in particular should therefore be reviewed early on a risk basis.
Practical benefit: Data protection and product architecture should be thought through together from the outset in multiplayer, chat, telemetry and community systems.
eSports law: teams, sponsoring, events and marketing
eSports raises far-reaching legal questions. As soon as teams, players, organisers, sponsors, streamers, agencies and marketing partners work together, complex contractual, licensing and exploitation structures arise.
Player, coach and team contracts as well as performance, conduct and marketing obligations.
Sponsoring, advertising and equipment supplier contracts as well as rights to streams, highlights and social media.
Tournament rules, event structures, merchandising, international choice of law and conflict management.
Why the legal framework is so important in eSports
- clear allocation of rights in team, event and content structures
- viable sponsoring and marketing models
- clean rulebooks for participation, conduct and escalation cases
- international structures with consistent choice of law and jurisdiction
Our services in games law
We advise games companies, publishers, studios, platforms and eSports players holistically and with an affinity for technology. What matters is that law, technology, monetisation and marketing fit together.
Building and reviewing rights and licence structures for games projects.
Development, publishing, distribution, live operations and marketing structures.
In-game purchases, loot boxes, platform compliance, UGC and moderation.
Data protection law, DPIA, data law and cybersecurity for online and multiplayer structures.
Teams, sponsoring, events, rights to content and international structures.
IP, competition and contract disputes, warning letters and court proceedings.
Selected articles and case law
You will find in-depth questions on special topics and case law in our articles.
EU KIDS Act and online games: chat, battle pass, loot boxes and parental tools: what applies today and what the proposal would change.
Loot boxes in games law: random mechanics, consumer protection, transparency and risk analysis.
Copy protection on consoles: technical protection measures, copyright assessment and practical questions.
Judgment on cheat software: case law on the copyright classification of cheat software.
Gaming & copyright: background on the development of proceedings concerning cheat software and games copyright.
Statutory foundations and case law
Central basic concepts and points of reference result from copyright law, youth protection law, data protection law and supreme court case law.
Copyright in software and games
Short quote: “Computer programs shall be protected if they are original works” (Section 69a (3) UrhG). For games, this provides the copyright basis for the code. In addition, there are further property rights in art, audio, text and signs.
Statutory provision: Section 69a UrhG (opens in a new tab)
Youth protection and labelling
For game programs, Section 14 JuSchG (opens in a new tab) is particularly decisive. For online games and apps, the USK (opens in a new tab) explains the online ratings via the IARC system. Under Section 10b (3) JuSchG (opens in a new tab), chat, purchase functions and gambling-like mechanisms are taken into account in the age rating.
Data protection impact assessment
Short quote: “likely to result in a high risk” (Art. 35 (1) GDPR). For games, a DPIA must be considered in particular for data-intensive, profiling or novel online structures.
Official source: Art. 35 GDPR on EUR-Lex (opens in a new tab)
Cheat software and the BGH
In its press release of 31 July 2025, the BGH (German Federal Court of Justice) clarified that cheat software must be assessed differently under copyright law if it does not rewrite the object or source code of the game software. However, the consequences in the individual case depend on the tool, the game architecture and the basis of the claim.
Official BGH press release of 31 July 2025 (opens in a new tab)
Contact persons and strategic support
Games law concerns individual problems and at the same time the entire structure of a game, a studio, a platform or an eSports project. Anyone who develops, publishes, operates or scales games needs legal advice that thinks technology, business model and marketing together.
Jean Paul P. Bohne, LL.M., MM
Partner | Fachanwalt für IT-Recht (certified specialist lawyer for IT law) | Fachanwalt für Urheber- und Medienrecht (certified specialist lawyer for copyright and media law) | Games law, IP, data protection, digital regulation.
Dominik Skornia, LL.B.
Rechtsanwalt (lawyer) | Games law, data and IT focus, project-related advice and operational support.
Team & qualifications
You will find cross-cutting insights into the team's areas of expertise, fields of activity and specialisations on the team pages.
Contact: If you want to secure a game project, a studio, a platform or an eSports project legally, we support you from the initial review to long-term strategic support.
Further reading:
Key terms
- Chain of rights
- Unbroken sequence of rights to code, assets and content.
- EULA
- End user licence agreement for software and games.
- Loot box
- Virtual reward with random content.
- Live operations
- Ongoing operation and further development of a game after release.
- UGC
- Content created by users.
These terms explain the language used on this page. What matters is always the specific individual case.
Provisions and reliable sources
The following statutory provisions and regulations are cited on this page.
| Provision | Content | Practical significance |
|---|---|---|
| Section 69a UrhG | Computer programs | Protection of the code. |
| Section 14 JuSchG | Labelling | Game programs and age ratings. |
| GDPR | General Data Protection Regulation | Player data. |
FAQ – games law & eSports law
Answers to frequently asked questions about games law, contracts, monetisation, data protection and eSports.
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What is games law?
Games law covers the legal questions surrounding the development, publication, operation and marketing of computer games. These include in particular copyright, trade mark law, contract law, monetisation, data protection, platform compliance, youth protection and eSports law.
When should I instruct a games law lawyer?
A legal review is regularly advisable as soon as a game is commercially exploited, developed together with third parties, published on platforms or provided with in-game monetisation. Early advice reduces risks relating to rights, contracts, compliance and marketing.
Which rights must be legally secured for a game?
In particular, rights to code, graphics, music, sound design, story, characters, interfaces, backend components, trade marks, game titles and other assets should be secured. Decisive is an unbroken chain of title between founders, employees, freelancers, agencies, publishers and other service providers.
Which contracts are particularly important in games law?
The most important contracts include development contracts, publishing contracts, distribution and platform contracts, freelancer and asset contracts, EULA, terms of use as well as provisions on revenue share, live operations, support and marketing.
How do you review loot boxes and in-game monetisation?
We review in particular random mechanics, payment, price structure, transparency, user guidance, target group and youth protection aspects. The specific design of the system is always decisive. In more depth: Loot boxes in games law.
Are loot boxes generally prohibited in Germany?
A blanket answer regularly falls short. Decisive is the specific design of the mechanics, in particular with regard to chance, acquisition structure, transparency, target group and integration into the overall product.
How can a games law lawyer help with a publisher or platform deal?
Above all by reviewing the transfer of rights, remuneration structure, milestones, acceptance, liability, exclusivity, term, exit provisions and marketing rights. The aim is a contract structure that is commercially viable and operationally feasible.
What is legally particularly important for UGC and community functions?
User-generated content, chats, voice functions, reporting systems, moderation processes and community guidelines must be set up properly in legal and organisational terms. Important are clear responsibilities, practicable rules and a technical structure that reduces risks early.
How can I defend myself against cheat software or unlawful game manipulation?
That depends on the technical structure of the game, the protection measures used and the specific type of interference. Possible are claims under copyright, contract and competition law as well as technical protection measures. Further reading: Copy protection on consoles and Judgment on cheat software.
Which data protection obligations apply to online and multiplayer games?
Online games must in particular properly reflect information obligations, allocation of roles, consent processes, tracking issues and protective measures for minors. Depending on the risk, a data protection impact assessment may also be required.
How do I protect my game title, my logo and my trade marks?
Protection is regularly achieved through a coordinated trade mark strategy comprising search, application, register monitoring and consistent use. We advise on this in trade mark law and support applications through our trade mark service.
What is particularly important in eSports law?
In eSports, contract law, marketing rights, sponsoring, media law, youth protection and international structures interlock. Player, team, event and sponsoring contracts should therefore be carefully aligned commercially, organisationally and legally.
For whom is games law advice particularly relevant?
Games law advice is particularly relevant for developers, studios, publishers, platform operators, eSports teams, organisers, agencies, creator-related business models and investors. Depending on the role, the focus is on chains of title, sets of contracts, monetisation, platform compliance, data protection or conflict resolution.
Does the EU KIDS Act apply to online games?
According to the EU Commission's proposal of 17 September 2026, yes, but without the age limit of 15, which only concerns social networks and video platforms. Games would have to be designed safely, allow contact with strangers only after consent, not create incentives for constant play and offer parental tools. Children under 13 would only gain access to the game via these tools. The proposal does not yet apply; today, age ratings and the Jugendschutzgesetz (German Youth Protection Act) are what mainly count. More on this in KIDS Act and online games: chat, battle pass, parental tools.
Setting up games projects on a robust legal footing
Whether studio, publisher, platform or eSports project, we support you from the initial review to ongoing support.
Legal status: 23 October 2026. This overview provides initial orientation and does not replace a review of the specific case.
Responsible for content: Jean Paul P. Bohne, Fachanwalt für IT-Recht (certified specialist lawyer for IT law), AI Officer (DEKRA), reviewed on 23 October 2026 (German version)
Responsible lawyer for games law & eSports at ITMR
Jean Paul P. Bohne, LL.M., MM
Rechtsanwalt (attorney) | Partner | Business mediator
- Fachanwalt für Urheber- und Medienrecht (certified specialist lawyer for copyright and media law)
- Fachanwalt für IT-Recht (certified specialist lawyer for IT law)
- AI Officer | KI-Beauftragter [DEKRA]
- Certified Information Privacy Professional/Europe [CIPP/E]
- Cert. Information Privacy Manager [CIPM]
- External data protection officer [TÜV]
- Data protection officer [TÜV]
- Data protection auditor [TÜV]
- IT Compliance Manager [TÜV]
Games law expert at ITMR
T: +49 211 737547-70
E: bohne@itmr-legal.de
Dominik Skornia
Rechtsanwalt (attorney) | employed
- AI-Privacy-Expert (GDDcert. EU)
Games law expert at ITMR
T: +49 211 737547-70
E: skornia@itmr-legal.de