Activities of Jordi CAÑAS related to 2022/2014(INI)
Plenary speeches (1)
Consumer protection in online video games: a European Single Market approach (debate)
Shadow reports (1)
REPORT on consumer protection in online video games: a European single market approach
Amendments (38)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
— having regard to the Commission Communication of 22 April 2008 on the protection of consumers, in particular minorschildren, in respect of the use of video games (COM(2008)0207),
Amendment 6 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the Commission Notice –Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to- consumer commercial practices in the internal market;
Amendment 10 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Council Conclusions on Building a European Strategy for the Cultural and Creative Industries Ecosystem published on 5 April 2022;
Amendment 11 #
Motion for a resolution
Recital A
Recital A
A. whereas video games are played by all age groups in Europe, in particular minors, 68-79% of whom play themwith 50% of the European population between 6 to 64 years old playing videogames, with the largest age group being 45 to 64 years old; whereas videogames are popular with children, as in 2020 68% of 6 to 10 years old played a videogame once in the past month;
Amendment 15 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 18 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the growing video game sector offers an increasing number of new job opportunities for many cultural creators, such as game developers, designers, writers, music producers and other artists, for which any Union action in this field and especially funding activities should be taken into consideration;
Amendment 23 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the European video game industry is mainly made up of small and medium-sized enterprises (SMEs) and startups, which have an important role for the innovation and growth of this sector1a ; _________________ 1a https://digital- strategy.ec.europa.eu/en/library/value- european-video-games-society
Amendment 24 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas video games are complex creative works protected both by the Computer Programs Directive 2009/24 and the Copyright Directive 2001/29 and have a unique and creative value as recognised by the Court of Justice of the EU;1a _________________ 1a Judgement of the CJEU Case C 355/12
Amendment 30 #
Motion for a resolution
Recital B
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; whereas some of the companies use content created by children;
Amendment 49 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas children have the right to participate in the digital world to the fullest extent possible;
Amendment 50 #
Motion for a resolution
Recital F
Recital F
F. whereas 40% of children have paid to open a loot box in an online game, 15% have used their parents’ money without permission to fund their loot boxthe vast majority of children (74%) do not spend money on in- game extras, where children are allowed to spend in the game (19%) and 75% of parents have agreements in place with their children regarding in-game spending1a; whereas it is fundamental to continue increasing awareness of in-game purchases, and 9% have borrowed money they could not afford to pay back to spend on loot boxes3 ; _________________ 3 https://www.rsph.org.uk/about- us/news/over-1-in-10-young-gamers-get- into-debt-because-of-loot-boxes.htmls a tool to reduce the risks associated to them, particularly for children; _________________ 1a Children’s in-game spending (isfe.eu): survey conducted in UK, France, Spain, Germany and Italy in 2020 with 2,300 respondents. Survey also conducted in 2018 and 2019
Amendment 64 #
Motion for a resolution
Recital J
Recital J
J. whereas mental health and well- being are interrelated issues that need to be taken into account in all areas such as education, health, employment and social inclusion; whereas videogames can be important tools to deal with mental health and well-being and can be used to advance in these areas, as well as to help citizens to develop several skills which are essential in a digital society and for the building of the Digital Single Market;
Amendment 72 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. Whereas in 2020 one-fifth of the EU population was expected to have a disability; whereas the Union is committed to improving social and economic situations of persons with disabilities; whereas social and economic situations online is an important aspect of life; whereas there are certain disabilities that can be particular disabling for online video games, like colour blindness, visual challenges or hand mobility impairments; whereas colour blindness affect 10 % of the male population;
Amendment 87 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers; Acknowledges that the EU Consumer law acquis provides for a strong consumer protection, fully applicable in videogames, in particular the Commission Notice -Guidance on the interpretation and application of Directive 200/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market1a; notes, however, the need for a single, coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers; _________________ 1a Commission Notice – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market
Amendment 93 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the existence of online video game platforms that allow players, including children, to create their own games using the developer tools provided by them; calls on the Commission to adopt, if needed, regulatory measures in order to protect users against illegal practices caused by these platforms;
Amendment 94 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges the European Commission and the Network of Consumer Protection Authorities (CPC-Net) to ensure that European consumer law is fully respected and enforced in the video game sector;
Amendment 95 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the European Commission to put forward a European Video Game Strategy that unlocks the economic, social, educational, cultural and innovative potential of this sector to enable it to become a leader in the global video game market, as well as to ensure a high level of consumer protection in the Single Market and the protection of children's rights;
Amendment 102 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control overaise awareness on the usefulness of those tools in order to monitor the amount of time and money children spend on games, among other things;
Amendment 106 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls to the Commission and the Member States to support the promotion of public and private education and information campaigns in Member States directed at parents and caretakers in order to inform them of the tools in place, such as the PEGI phone application, and to encourage their usage;
Amendment 111 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxes or any other type of randomized in-game purchase;
Amendment 114 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that in-game purchases have been present in video games for many years and the Guidance on the Unfair Commercial Practices Directive already bans their mandatory use; highlights that consumers and parents must be informed of the presence of in- game purchases prior to the purchase or download of the application;
Amendment 117 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that it has not yet been clearly established whether loot boxes may be considered gambling in Europe; notes, however, that several Member States have considered loot boxes to be gambling and have adopted regulatory measures to ban them; calls on the Commission to analyse and determine whether or not loot boxes can be considered to be a gambling activity and, if so,calls on the Commission to take the necessary steps to bring about a common European approach;
Amendment 122 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 123 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that it has not yet been clearly established whether loot boxes may be considered gambling in Europe1a; notes, however, that gambling law is national competence of Member States and that Belgium and the Netherlands have considered that loot boxes constitute gambling and have regulated them accordingly; _________________ 1a https://op.europa.eu/en/publication- detail/-/publication/f84fa393-0f01-11e4- a7d0-01aa75ed71a1/language-en
Amendment 124 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Welcomes the Commission recently adopted Guidance on the Unfair Commercial Practices Directive, which establishes harmonised rules where paid random items are present in video games; calls for its compliance and swift implementation to ensure consumer protection in the Single Market, particularly for children; urges the Commission to further assess consumer protection in video games and take the necessary steps to bring about a common European approach on loot boxes and any other type of randomized in-game purchases;
Amendment 128 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minors: stresses that they must also be compliant with the recently adopted Guidance on the Unfair Commercial Practices Directive to ensure that they do not result in harmful practices affecting consumers, especially children;
Amendment 135 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that online games that are likely to be accessible to children must take their rights and vulnerabilities into account; stresses that they must meet the highest possible standards by design and by default when it comes to security and privacy, in accordance with the GDPR and the DSA and their particular provisions related to the data processing of children and the protection of their online privacy;
Amendment 140 #
7a. Stresses that videogames are both tools for playing as well as art works with cultural value; points out that article 31 of the UN Convention on the Rights of the Child states that all children have the right to play and to freely and fully experience cultural life and activities according to their age;1a _________________ 1a https://www.ohchr.org/en/instruments- mechanisms/instruments/convention- rights-child
Amendment 142 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game related to the presence of in-game purchases, loot boxes and other randomised in-game purchases, before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest; stresses that such information should be clearly displayed and easily understandable for all consumers before the moment of purchase; notes that, when virtual currencies are used in online games, the value on real-world currency must always be provided alongside virtual currency;
Amendment 150 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes that the Commission will examine auto-renewals for subscriptions and contracts in the upcoming fitness check of consumer protection legislation; points out that auto-renewals can be beneficial for both the user and the trader, improving convenience for users and limiting subscriber administration for the trader, but it can also be problematic if the auto- renewals continue indefinitely against the consumer's intentions; encourages the Commission and traders to take into account best-practices from Member states or companies that already have consumer-friendly auto-renewal policies in place; calls for the introduction of an obligation at EU level whereby traders must provide users with an opt-in proposal at purchase instead of having it as a default feature, to provide clear and easy-accessible information on how to cancel auto-renewals at anytime and to make the process of cancelling the auto- renewals simple and as easy as signing up;
Amendment 155 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Underlines that return and refund guarantee policies are a corner stone of the Union’s consumer rights, and consumers should experience the same rights for online gaming purchases and subscriptions as they would for in-person, psychical purchases; calls on traders to fully comply to EU consumer protection rules and relay information on how to request a refund or make use of the right of withdrawal transparently and reliably;
Amendment 156 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that persons with disabilities should be able to play all types of online video games; highlights that both technical and communicative features of all online video games and any relevant information related to playing or purchasing the game must be inclusive and accessible; calls on the Commission to propose an extension of the scope of the European Accessibility Act to online video games; encourages providers of online video games to make games accessible by applying the accessibility requirements of Annex I of Directive 2019/882;
Amendment 157 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that once an item that has been obtained in a video game, it can be exchanged for actual money can only be used in that game and it is prohibited to exchange it outside the game-play environment; calls on national authorities to put an end to illegal practices organised by illegal third party sites, allowing to exchange, sell or bet on in-game sites; stresses that, above and beyond consumer protection issues, these services have led to money laundering; calls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particular through the implementation of the ‘know your business customer’ obligations;
Amendment 183 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that videogames can be interactive, highly social and have helped Europeans to find community and connection during a time of isolation, as well as to build communities and forge genuine, enduring friendships; notes that this has been particularly true for elderly people who are amongst those who have suffered the most isolation during these months; notes that the WHO believes online games can become a key instrument in nurturing our bonds to others1a and that research has found direct psychological and social benefits from gaming across all ages; _________________ 1a https://www.bloomberg.com/press- releases/2020-04-10/games-industry- unites-to-promote-world-health- organization-messages-against-covid-19- launch-playaparttogether-campaign
Amendment 189 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, to name but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescentspublic information campaigns about responsible game play and parental control tools allowing parents to manage children’s video game play; encourages parents to join children in their digital past time;
Amendment 212 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. StreConsiders that the European Commission should assess thate possibility of requiring providers of online video games that are played by children should be required to conduct, directed towards children, the development of ex-ante child impact assessments based on the 4Cs framework for classifying risk;
Amendment 224 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI) that is used in 38 countries; considers that such a rating system can beis particularly beneficial in providing information on the recommended minimum age and protecting minors from inappropriatage for playing a game; welcomes the sector's longstanding safety by design commitment through the PEGI Code of Conduct provisions on safe online gameplay environments which were introduced in 2007, and the presence of parental control tools which are effective agameinst illegal and harmful content; welcomes the PEGI descriptor function which informs consumers if a game includes paid random pay-to-playitems features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU law; highlights that PEGI is a well- known and affordable system for consumers and companies that provides guidance for parents helping them to determinate which games are appropriate for which age;
Amendment 228 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to assess further the implementation of the PEGI system across the EU and the possibility to make the PEGI system the harmonised mandatory age-rating system applicable to all videogames and online platforms, together with its Code of Conduct, in order to ensure the highest European standards of safety, privacy and security for all consumers in a uniform manner the EU, as well as to avoid fragmentation in the Single Market and provide legal certainty for the videogame industry;