On 3 February 2025, the UK Government responded to a petition (filed by video games users) for the UK government to update existing consumer law to prohibit video games publishers from retiring/disabling video games (and other assets/features within such games) without giving consumers a right to retain or repair them.  In the response, the UK Government confirmed that it would not update existing consumer law to address consumer concerns regarding the life-span on video games, stating that: "There are no plans to amend UK consumer law on disabling video games. Those selling games must comply with existing requirements in consumer law and we will continue to monitor this issue.". 

So, what are the existing requirements?

There is currently no requirement for publishers (or any other software developer) to support older versions of their products. The continued support of games is therefore primarily a commercial decision the publisher is free to make, provided it takes into a account its other regulatory obligations (in particular, under consumer law).

The key consumer legislation applicable to life cycle of video games (and other digital content) supplied to UK consumers is contained in:

• the Consumer Rights Act 2015 (CRA); and
• the Consumer Protection from Unfair Trading Regulations 2018 (CPUT Regulations).**

[**Note that the Digital Markets, Competition and Consumers Act 2024 (DMCC) is expected to come into effect in April 2025 and repeals and inserts the obligations under CPUT Regulations  (described below) into primary legislation. See more below on the impact of the DMCC on the CPUT Regulations.]

The CRA obligations in relation to digital content (including video games and related content) apply to video games and content which is: (i) supplied free with paid for goods/services; or (ii) which is generally not available to consumers unless they have paid a price for it or for other goods/services/digital content. In summary, the CRA requires that:

• publishers (and other traders supplying different types of paid-for digital content) ensure that the digital content is of satisfactory quality, fit for a particular purpose and as described by the seller. The UK Government acknowledged in its response that it may often be difficult or expensive for businesses to maintain support for old software, particularly if it relies on interactions with newer technologies.  While it is permissible to offer video games for sale that are not supported by the publisher, then this should be made clear (e.g. on the website where the video game is sold). Where the video game does not meet these requirements, the customer will be entitled to a repair or replacement in the first instance or, where repair/replacement is not possible, a refund (up to 100% of the cost paid);
• upgrades and improvements to video games must continue to match any description given by the publishers and conform with any pre-contract information provided (unless varied, in compliance with consumer law, by express agreement); and
• the terms and conditions of sale in respect of the video game must be transparent and displayed prominently, and must not be unfair. Any terms which are challenged and found to be unfair (including for lack of transparency/prominence) by a Court would not be enforceable against the consumer.

The CPUT Regulations, which came into force in the UK in May 2008 (and implemented the EU's Unfair Commercial Practices Directive into UK law as secondary legislation), apply to any act, omission or conduct by a business in connection with the promotion, sale or supply of a product (i.e. before, during and after a contract with a consumer is made), including a digital product such as a video game. In summary, the CPUT Regulations contain a general prohibition of unfair commercial practices, and require information made available 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 commercial choice. In the context of video games, the UK Government's response explains that, if consumers are, for example, led to believe that a video game will remain playable indefinitely for certain systems, despite the end of physical support, the CPUT Regulations may require that the game remains technically feasible (e.g. available offline) to play under those circumstances. The CPUT Regulations are enforced by Trading Standards and the UK consumer regulatory, the Competition and Market Authority (CMA).

What next? 

While the UK Government confirmed that the Department for Culture, Media and Sport (DCMS) and the CMA has no current plans to amend existing consumer law requirements, it did confirm that it will continue to monitor the issue moving forward.  In this regard,  and as explained above, the DMCC (which is expected to come into effect in April 2025) repeals and inserts the obligations under CPUT Regulations  (described above) into primary legislation. While the substance of these requirements remain unchanged, the DMCC gives the UK Secretary of State the power to add (as well as amend and remove) blacklisted practices (i.e. commercial practices which are always unfair) and confirms that anyone facilitating the supply or promotion of a product (not the publisher only) must comply with applicable consumer law. It is therefore possible that new blacklisted practices relevant to video games and related content could be added in the future.

Like to read more?

Whether you are a seasoned industry professional in multiple markets, or a startup looking to enter your first market, our Video Games Laws of the World guide will serve as a valuable resource for navigating the intricate world of video games law. It highlights both the common threads and the unique challenges presented by each legal system in order to inform better business decisions. Follow the link below to register to receive a copy: 

Video Games Laws of the World | DLA Piper