Privacy

Legal Challenges and Industry Predictions for Games in 2026

As 2025 closes, the games industry enters another year shaped by shifting economics, rapid advances in technology, and a volatile political climate. Last Year: We Got Some Stuff Wrong, Some Right Last year’s predictions focused on structural pressure points rather than specific outcomes. Many of those pressures materialized, though often faster and more unevenly than …

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Why Video Game Companies Need Privacy Policies and Why Copy-Pasting Won’t Work

With games collecting vast amounts of user data—ranging from usernames and IP addresses to payment information and in-game behaviors—having a clear and compliant privacy policy isn’t just a good practice; it’s a legal requirement. However, simply copying and pasting another company’s privacy policy is a dangerous shortcut that can lead to serious legal consequences. Legal …

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Lessons to Learn from the FTC Complaint Against Cognosphere and Genshin Impact – Part II: COPPA

As mentioned in Part I of the this three part blog post on the FTC’s complaint against HoYoverse and Genshin Impact, COPPA applies to sites and services that are either directed toward children under the age of 13 or have actual knowledge that children 13 are providing information online. In Count I of the complaint, …

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Lessons to Learn from the FTC Complaint Against Cognosphere and Genshin Impact – Part I: Background of COPPA and Loot Boxes

On January 17, 2025, the Department of Justice filed a complaint upon referral from the Federal Trade Commission (FTC) against Singapore-based Cognosphere Pte. Ltd and its Californian subsidiary Cognosphere LLC, which collectively does business under the name “HoYoverse”. The complaint consists of five counts split into essentially two major prongs against HoYoverse and their game, …

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Maryland’s Kid’s Code: Preparing for the October 1, 2024 Deadline

In just a few days, on October 1, 2024, Maryland’s new Kid’s Code (also known as the Maryland Age-Appropriate Design Act) will go into effect. What is the Maryland Kid’s Code? The Maryland Kid’s Code, signed into law this past May, draws inspiration from the UK and California Age Appropriate Design Codes and aims to …

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US state privacy law update: what’s on the menu for 2024

In this article, we’ll be taking a basic overview of the new state privacy laws becoming effective in 2024, what they have in common, and where they differ. Since the Utah Consumer Privacy Act (UCPA)was technically only in effect for one day in 2023, we’ve included it in this 2024 roundup as well. 2023 U.S. …

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What are the legal considerations for collecting data in a video game?

Data collection and analysis have become ubiquitous with modern technology and are pivotal aspects of contemporary video game design. Game developers may collect data for any number of reasons, including anything from wanting to obtain a user’s name, address, and billing information for in-game purchases, to utilizing collected data to catch hackers, or identify areas …

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Developments regarding the CCPA and CPPR

In November 2020, California voters approved the California Privacy Rights Act of 2020 (CPRA) which amended and extended the original California Consumer Protection Act of 2018 (CCPA). Previously, rulemaking authority under the Acts belonged solely to the state Attorney General. However, the CPRA established the California Privacy Protection Agency and vested it with the full …

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