Presentation
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Esports: Legal framework for video game competitions
Recently regulated by the provisions of the Law for a Digital Republic of October 7, 2016, and codified in the Labor Code and the Internal Security Code, video game competitions, or “Esports,” involve a confrontation, within video games, between at least two players or teams of players to achieve a score or a victory.
In principle, Esports assumes the physical presence of the players, and in some cases, a virtual presence. It is generally broadcast on a massive scale on audiovisual content platforms such as Twitch and YouTube, and in some cases, on television channels.
With its thousands of players and millions of viewers, the considerable economic development of this sector has, in recent years, attracted increasing interest from media and digital players.
Esports & GDPR: The issue of players’ personal data
In line with the legal issues surrounding the video game industry, holding these new types of competitions requires particular attention to various legal obligations, especially regarding personal data.
Video games today represent a particularly vast source of personal data. The proliferation of online games and gaming platforms—tablets, smartphones, laptops, etc.—as well as publishers’ search for information on their players’ behavior, encourages this systematic data collection.
Consequently, each stakeholder in such an event—the game publisher, the teams hiring the players, the event organizer, and the broadcaster(s)—is obligated to ensure compliance with the legal requirements for the collection and processing of personal data of individuals, whether spectators or participants.
Video games: Specific data protection obligations
As a reminder, clear information is essential regarding the methods of data collection, processing, security, and purposes, as well as the effective implementation of the right to access, modify, and delete data. In the context of reusing these databases for commercial purposes, the entire database could be affected by “non-commercial” data, invalidating any transfer or use of the data.
Similarly, it is also important to comply with the specific obligations of the GDPR concerning minors, given the presence of a large number of children, whether players or spectators. Subject to parental authority according to their age, Article 8 of the Regulation stipulates the specific rules regarding their personal data, as they are less aware of the risks, consequences, and safeguards involved, and of their rights related to the processing of personal data.
Set at 15 years old in France, the publisher must offer a registration system requiring users to provide their place of residence and date of birth. The rules governing consent and age verification require, in particular:
- A declaration from the user, or even the holder of parental authority, for access to the services;
- Proof that users have been informed of all their rights and information related to data collection, and additional details on certain pages with sensitive content;
- Methods of contact for communicating with the publisher, including reporting and monitoring procedures.
Esports: Personal video game data outside the European Union
Data outside the EU. The esports scene is now largely driven by foreign video game publishers—China, Japan, South Korea, and the United States—involving data storage and separate legislation, which in some cases conflicts with the rights granted by the GDPR.
Similarly, many competitive circuits are now international or even global, raising specific regulations regarding player transfers.
