Digital Gaming Marketplace Terms: Key Legal Considerations

The games industry is a prosperous market, but game developers and platform owners in the gaming industry have a lot to address from a legal perspective. Running a digital gaming marketplace in the gaming sector may require a business to comply with complex legal and regulatory requirements. These platforms can give rise to various legal issues and considerations, e.g. intellectual property rights and preventing copyright infringement, selling digital content lawfully, data privacy and protecting users’ data, and restricting illegal content.

Your company may need clear and well-drafted terms to protect itself from risk and comply with mandatory legal rules. Your legal obligations depend on how your platform operates, the types of transactions it handles, and its role in facilitating sales or services. A strong legal framework and documentation can help you comply with the law, reduce risk, and maintain trust within your user community. This article introduces some key legal terms you may need as a games company for your digital gaming marketplace.  

Marketplace Platform Legal Framework – Essential Legal Terms and Documents 

Your business model will determine the legal considerations for your digital gaming marketplace. Seeking legal advice can help you ensure that the correct terms are drafted to fit your purpose and reflect your business’ specific needs and legal obligations.

Some examples of the terms and documents you may need include the following: 

Marketplace Terms: User Agreement Essentials

Your platform should use clear, tailored terms that define user rights, set out responsibilities, and establish transaction rules. These terms should address important issues, e.g., user registration, security requirements, your marketplace’s role in the transaction process, digital asset ownership, liability provisions, refund policies, and buyer and seller obligations. If your platform sells to consumers, you must comply with UK consumer law, ensuring that your terms reflect consumer rights and protections.

Since legal and regulatory requirements vary and the nature of your terms will depend on how your business operates, generic templates may not work or provide enough protection. A commercial solicitor can learn how your business operates in the real world to ensure your terms are correctly drafted, legally compliant, and tailored to your marketplace’s unique operation and specific risks.

Terms of Use and Acceptable Use

Terms of Use can protect your business by setting rules for how users access and engage with your marketplace platform. These terms should confirm your ownership and rules around using any branding, graphics, and content on the platform to avoid misuse. 

Your platform should also establish rules on security and how users may engage with it. For example, you can include rules to prevent users from interfering with your systems.

Supplier Contracts Checklist

Use this checklist to ensure your supplier contracts contain all necessary terms.

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If your marketplace allows user-generated content (such as reviews and forum discussions), you can set clear rules on acceptable content, moderation, and removing policy-violating content. You should also specify when and how you may take action, such as suspending accounts or restricting access, if users breach your rules.

Platforms handling user-generated content also need to consider copyright and intellectual property laws. If users upload content, your terms should clearly state whether your platform has rights to use, store, or display it.

Privacy Policy and Cookie Policy

If you collect personal data as a data controller, you must be transparent about its use and comply with the UK GDPR rules. Your privacy policy should clearly explain what data you collect, why you need it, and how you handle it. It should also cover key issues such as how long you retain personal data and users’ rights regarding their information, e.g., how they can access or request the deletion of their data. Privacy policies must comply with applicable data protection laws for marketplaces operating across multiple jurisdictions.

You should display a Cookie Policy if your platform uses cookies or tracking technologies. This policy should explain what cookies your website places, why you use them, and how users can manage their preferences. You must obtain user consent before placing non-essential cookies on their devices.

Should You Seek Legal Advice on Your Terms?

Different rules may apply depending on how your video and mobile games’ platform operates. If your marketplace facilitates transactions, hosts user-generated content, or involves in-game purchases, you may need to meet additional legal and regulatory requirements, such as consumer protection laws. A lawyer can help you assess the entire legal framework that applies to your business.

A lawyer can help you identify potential risks, assist by drafting clear and enforceable terms, and advise you on compliance with applicable legal rules. 

Key Takeaways

Running a digital gaming marketplace can require an understanding of complex legal rules.  This means well-drafted documentation is essential to protect your business. Your digital gaming marketplace business should prioritise clear, legally compliant terms to protect your business from risk and comply with legal obligations. Seeking legal advice can help ensure your terms reflect your business model and meet legal requirements.

If you need help with marketplace terms, our experienced contract lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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