In the first week of May, Law No. 14,852/2024, known as the Legal Framework for Electronic Games, was sanctioned.

The legislation is a pioneer in regulating the sector, bringing provisions regarding the manufacturing, import, commercialization, development and commercial use of these products. Below we highlight some important aspects of the new legislation:

What is an “electronic game”?

For legislation, the following will be considered “electronic games”:

(i) The interactive audiovisual work developed as a computer program, in accordance with the Software Law (Law nº 9,609/98), in which images are changed in real time based on the player’s actions and interactions;

(ii) The central device and accessories, for private or commercial use, especially dedicated to playing electronic games; It is

(iii) Software for use as a mobile application and/or website, video game console games and virtual reality, augmented reality, mixed reality and extended reality games, consumed by download and streaming.

It should be noted that the text of the Law excludes from the definition any gambling, gambling or other games involving rewards or prize money.

What are the principles that guide the Law?

The Law establishes seven principles and guidelines that guide it, which are:

1 – Recognition of innovative entrepreneurship in electronic games as a vector of economic, social, environmental and cultural development;

2 – Promoting innovative entrepreneurship as a means of promoting productivity and competitiveness of the Brazilian economy and generating qualified jobs;

3 – Promotion of cultural diversity and sources of information, production and programming;

4 – Respect for fundamental rights and democratic values;

5 – Consumer protection and education and information for suppliers and consumers regarding their rights and duties;

6 – Full protection of children and adolescents, in accordance with the Child and Adolescent Statute; It is

7 – Preservation of privacy, protection of personal data and informational self-determination under the terms of the General Personal Data Protection Law (“LGPD”).

What are the benefits of the legislation for electronic game developers and suppliers?

With the Law in force, game development is now officially included in the laws promoting audiovisual activity, as well as being considered a “cultural segment”, for the purposes of the National Culture Support Program (Rouanet Law). Furthermore, Article 20 of the Law inserts into Article 2 of the Industrial Property Law the protection of electronic games through the granting of registrations for this type of intellectual property.

The Law also establishes that the State will support the training of human resources for the electronic games industry, through incentives for education and research.

How will the age classification of electronic games be defined?

The Legal Framework establishes that the State will carry out the indicative age classification, with prior state authorization for the development and exploitation of electronic games being waived.

This classification will take into account, in addition to other criteria, the risks related to the use of microtransaction mechanisms.

Does the Framework bring obligations to companies?

Yes, the Law brings several obligations that must be observed by developers and suppliers of electronic games, especially in relation to children and adolescents, the main ones being:

• Electronic games accessible by children and adolescents must have the interests of the child and adolescent as their highest parameter, including measures to mitigate risks to their rights that may arise from the design or operation of the games;
• Electronic game developers must create listening and dialogue channels with children and adolescents;
• Game providers must ensure that services, systems and communities do not encourage or encourage neglect, discrimination, exploitation, violence, cruelty or oppression against children and adolescents, including discrimination against children and adolescents with disabilities, by implementing measures to ensure universal design and accessibility of the service;
• Electronic games that enable interaction between users, whether through text, audio, video or content exchange, must adopt safeguards that meet the minimum requirements of the legislation; and
• Purchases and other transactions by children must be restricted, requiring the consent of those responsible.

What precautions should companies in the sector take?

In addition to ensuring compliance with the obligations listed above, it is extremely important that companies implement the measures indicated in compliance with other applicable legislation, especially the Child and Adolescent Statute and the General Personal Data Protection Law.

It is of great importance to highlight that the electronic games to which the Law refers encompass a diverse range of products and services, from common cell phone applications to more complex hardware and software. Therefore, the volume of personal data involved in these systems is considerable, and it is necessary to adopt measures to guarantee its protection, in accordance with the principles of the Law in question.

Furthermore, it is important to note that the legislation itself establishes obligations that involve the adequate collection and analysis of personal data, as occurs in the verification of complaints, age analysis for making purchases and transactions and collecting consent from a responsible person.

As the majority of data is from children and adolescents, the collection, storage and any other form of processing of this type of personal data must be carried out even more cautiously, considering not only the provisions of the LGPD, but also the criteria for the communication of security incidents, as established in Resolution CD/ANPD nº 15/2024.

Finally, it appears that the new legislation will play an indispensable role in ensuring that services, systems and communities do not encourage or encourage discrimination, exploitation, violence, cruelty or oppression against children and adolescents, including those with disabilities, considering the set of responsibilities and obligations that it assigns to electronic game suppliers and developers.

The enactment of the Law in question is extremely important for the gaming, hardware and software sector in the country, considering the previous absence of specific legislation to regulate the topic, as well as for the security and protection of personal data involved.

It is believed that, with the implementation of the legislation’s provisions, companies will have greater security and incentives for their development, in addition to providing a safer digital environment for all users, especially children and adolescents, considered to be more vulnerable.