European Commission Rejects Legal Obligation Backed by Stop Destroying Videogames

18th Jun 2026
The European Commission has declined to propose a binding legal obligation requiring videogame publishers to keep titles playable after commercial support ends, despite 1,294,188 verified statements of support for the Stop Destroying Videogames European Citizens’ Initiative. The initiative was submitted to the Commission on 26 January 2026 under Regulation (EU) 2019/788 on the European citizens’ initiative. Its organisers argued that consumers should not lose access to games they have bought simply because a publisher shuts down the servers or other online services needed for them to function. After meeting the organisers on 23 February, the European Commission considered the proposal alongside a public hearing held by the European Parliament and further discussion involving the European Economic and Social Committee. The Commission’s formal response, published on 16 June, concluded that a general preservation duty would not be proportionate at this stage. Copyright and other intellectual property rights were central to that decision. The Commission said rights holders retain control over creative, visual and technological elements of videogames, which could be affected by a rule requiring titles to remain operational after commercial exploitation has ended. The Commission will instead open discussions with publishers, consumer representatives and enforcement bodies with the aim of developing an industry code of conduct on managing videogames at the end of their commercial lives. That process is expected to begin before the end of 2026. Existing consumer protections remain available under Directive (EU) 2019/770 on contracts for the supply of digital content and digital services. Publishers must provide clear information about the duration of a service and the circumstances in which it may be terminated. Consumers may be entitled to a proportionate refund where a game becomes unavailable earlier than promised or sooner than they could reasonably expect. Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy, said the initiative demonstrated the cultural importance of videogames and called for improved industry standards. Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, stressed that publishers must treat consumers fairly when discontinuing digital products. The decision avoids an immediate statutory preservation requirement, but it leaves contractual and regulatory exposure for publishers that provide unclear information about server dependence, service duration or termination rights. In-house counsel will need to examine sales terms, end-user licence agreements and shutdown communications to ensure that statements made before purchase match the product’s expected lifespan. Solicitors advising game publishers, platforms and consumer groups should also watch the planned code of conduct closely. Its eventual terms could influence contract drafting, complaints handling and enforcement expectations even without creating directly binding legislation.