Games are among the most intellectually property-dense products in the digital economy. A single title may involve copyright in source code, graphic assets, music, sound design, and narrative; trademark rights in characters, studios, and franchise brands; data protection obligations toward the players whose data the game collects; and contractual arrangements that span developers, publishers, platform operators, content creators, and sponsors. When something goes wrong — an IP dispute, a player contract breach, a regulatory challenge — the overlap between these frameworks requires a lawyer who understands both the law and the industry.

 

Jurisconsul has been advising in the gaming and eSports sector since before competitive gaming had a professional infrastructure. We advise game developers and publishers on protecting their work, eSports organisations on their commercial and employment arrangements, and platform operators on their regulatory obligations in the Luxembourg and EU market.

 

IP Protection for Game Developers

We advise on the copyright protection of game engines, source code, graphic and audio assets, and narrative elements; on trademark registration for game titles, studio brands, and character names; and on the enforceability of end-user licence agreements (EULAs) and terms of service under EU consumer law. We also advise on the specific copyright questions raised by user-generated content within games and by modding communities.

 

eSports Contracts — Players, Teams, and Organisations

The contractual landscape in competitive gaming is still maturing, and the absence of standardised frameworks means that individually negotiated agreements carry significant risk on both sides. We draft and advise on player agreements (including salary, image rights, and non-compete provisions), team and organisation contracts, coaching and support staff arrangements, and event participation agreements. We advise both players and organisations and are familiar with the specific dynamics of the sector.

 

Sponsorship and Brand Partnerships

Sponsorship agreements in eSports and gaming involve IP licensing, exclusivity arrangements, social media and streaming obligations, and the management of brand exposure across multiple platforms and jurisdictions. We draft and negotiate sponsorship agreements, advise on the IP licensing provisions within them, and ensure that the obligations imposed on teams and players are commercially balanced and enforceable.

 

Gaming Regulation in Luxembourg

Online gambling, lotteries, and betting in Luxembourg are regulated by the Commission de Surveillance du Secteur Financier (CSSF) and, for gaming and lotteries, by the Loterie Nationale framework. We advise on the distinction between games of skill and games of chance under Luxembourg law, on the regulatory classification of in-game purchases, loot boxes, and virtual currencies, and on the authorisation requirements for gaming and betting operators targeting the Luxembourg market.

 

Digital Distribution and Platform Law

Game developers and publishers operating in the EU must manage relationships with platform operators — app stores, PC game distribution platforms, and console marketplaces — that involve significant legal complexity, including revenue share obligations, content moderation requirements, and the EU's Digital Markets Act obligations on gatekeepers. We advise on distribution agreements and on the legal options available to developers in disputes with platform operators.

 

Data Protection for Games and Online Platforms

Games collect significant amounts of personal data — including behavioural data, payment information, and, for titles with parental consent requirements, children's data. We advise on GDPR compliance frameworks for game developers and publishers, on the specific obligations that apply to the processing of children's data, and on the Age Appropriate Design requirements that apply to services likely to be accessed by minors.

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