Understand what changes in the gaming market with the new ECA Digital

The new Digital Statute for Children and Adolescents (ECA Digital), which comes into force on March 17, substantially changes the operation of electronic games, application stores and online platforms.The standard imposes stricter rules for ads and ends self-declaration of age, among other obligations and prohibitions. These rules should be applied to online games that allow interaction between users, synchronously or asynchronously.

For Tatiana Campello's, partner in the area of Data, Privacy and Cybersecurity and Intellectual Property, and Maria Helena Bragaglia, partner in Conflict Resolution and Consumer and Retail at Demarest Advogados, the changes strengthen the layers of protection for children and adolescents, but it is not yet clear how the producers and other responsible companies will control, since there is no specific regulation.

On the other hand, the gap opens space for platforms to take a leading role in developing a model of good practices in the country.

The prohibition of loot boxes (reward boxes in which users are randomly awarded) is among the most high-profile points in the industry. This veto will impose on producers adjustments of design and monetization, since many of these boxes can be purchased with real or virtual payment and reward users with items that are sold or exchanged in secondary markets.

The standard also tightens advertising rules and moderation in online environments of interaction between children and adolescents. Ads targeting minors are prohibited, and platforms must proactively monitor and remove content deemed harmful (sexual exploitation, violence, etc.).

In the case of online games, the accounts of children under 16 must be linked to a guardian.In addition, the platform must offer a tool for supervision of the adolescent in that environment.

The sanctions established range from warnings to fines of up to 10% of the billing of the business group in Brazil, limited to R$ 50 million. There are also possibilities of prohibition and suspension of the infringing platform in the country. The inspection will be done by the National Data Protection Agency (ANPD).

See below the main changes for the gaming industry:

• Prohibition of loot boxes in games directed at minors or likely to be accessed by such an audience.
• Ads targeting children and adolescents are now prohibited on the platforms;
• Stricter age verification: platforms cannot accept only in the user's self-declaration;
• Accounts of children under 16 years of age must be linked to a responsible person, with clear control of activities and purchases;
• Rapid and proactive removal of harmful content (sexual exploitation, violence, encouragement of self-harm/suicide, gambling);
• Stricter moderation in chats and interactions within online games;
• System obligation to receive complaints and complaints against users;
• Review of mechanics and monetization within the game environment to suit the banning of random boxes and predatory business practices.