The Government recognises concerns raised by video games users regarding the operability of purchased products. As the lead department for video games, the Department for Culture, Media and Sport (DCMS) regularly engages industry representatives and monitors how consumers interact with games. We work with the Department for Business and Trade (DBT) as the lead department for consumer protection more generally.
We are aware of issues relating to the life-span of digital content, including video games, and we appreciate the concerns of players of some games that have been discontinued. We have no plans to amend existing consumer law on digital obsolescence, but we will monitor this issue and consider the relevant work of the Competition and Market Authority (CMA) on consumer rights and consumer detriment.
Video games sellers must comply with existing consumer law – this includes the Consumer Rights Act 2015 (CRA) and Consumer Protection from Unfair Trading Regulations 2008 (CPRs). We have provided details of relevant protections below. However, there is no requirement in UK law for software companies to support older versions of their products. Decision-making is for those companies, taking account of commercial and regulatory factors and complying with existing consumer law. There may be occasions where companies make decisions based on the high running costs of maintaining older servers for games with declining user bases.
The CRA gives consumers important rights when they make a contract with a trader for the supply of digital content, requiring it to be of satisfactory quality, fit for a particular purpose and as described by the seller. It may be difficult and expensive for businesses to maintain support for old software, particularly if it needs to interact with new technologies. However, if software is offered for sale that is not supported by the provider, then this should be made clear, for example on product webpages and physical packaging.
If digital content does not meet these quality rights, the consumer is entitled to a repair or replacement or, if not possible, some money back up to 100% of the cost of the digital content. These rights apply to intangible digital content like a PC game, as well as tangible content like a physical copy of a game. The CRA has a limit of up to six years after a breach of contract during which a consumer can take legal action.
A trader or third party can upgrade and improve the features of digital content so long as it continues to match any description given by the trader and conforms with any pre-contract information provided by the trader, unless varied by express agreement.
In addition, the CRA requires that the terms and conditions applied by a trader to a product they sell must not be unfair and must be prominent and transparent. If not, they may also be challenged and the question of fairness is a matter for the courts. Terms found to be unfair are not binding on the consumer.
The CPRs require information to consumers to be clear and correct and prohibit commercial practices which through false information or misleading omissions cause the average consumer to make a different choice. As such, the regulations prohibit commercial practices which omit or hide information which the average consumer needs to make an informed choice, and prohibits traders from providing material information in an unclear, unintelligible, ambiguous or untimely manner. If consumers are led to believe that a game will remain playable indefinitely for certain systems, despite the end of physical support, the CPRs may require that the game remains technically feasible (for example, available offline) to play under those circumstances.
The CPRs are enforced by Trading Standards and the CMA. If consumers believe that there has been a breach of these regulations, they should report it to the Citizens Advice helpline (or Advice Direct Scotland for those living in Scotland) which is a free service advising on rights and how to take their case forward. The helplines will refer complaints to Trading Standards and CMA where appropriate. Consumers can also pursue private redress through the courts where a trader has provided misleading information on a product.
The CPRs section of the Digital Markets, Competition and Consumers (DMCC) Act 2024 is expected to come into effect in April 2025. It restates and updates the CPRs into primary legislation, revokes the 2008 regulations and sets out rules around unfair trading. The Act:
● Provides the Secretary of State with the power to add, amend, or remove a description of a commercial practice which are in all circumstances considered unfair
● Provides clarification that someone facilitating supply or promotion of a product is a ‘trader’ and must comply with consumer law
The use of this power will be kept under review – any amendments proposed are subject to a duty to consult with stakeholders and approval by both Houses of Parliament.
Department for Culture, Media and Sport
