European Commission Stops Short Of Imposing Mandatory Requirements Following Citizens' Stop Destroying Videogames Initiative

The European Commission has declined to propose mandatory legislation requiring videogames to remain playable after publishers withdraw server support. However, it has announced stakeholder engagement and a potential industry code of conduct on end-of-life management. 

Last week, the European Commission published its response to the European Citizens' Initiative (ECI) 'Stop Destroying Videogames' (also known as "Stop Killing Games"). The initiative was proposed as part of a global consumer rights campaign that has been building momentum since the high-profile 2023 shutdown of the online multiplayer racing game The Crew. The ECI received over a million verified statements of support across the EU, and it called on the Commission to plan legislation ensuring that videogames remain playable after publishers cease providing server support.

The Stop Killing Games movement highlights a growing concern among players that many games rely on publishers' servers (even for single-player features, where online log-in may be used, e.g. for validation purposes) and can become partially or entirely unplayable when publishers decide to discontinue support. The initiative invited the Commission to require publishers to maintain playability, or to provide mechanisms allowing players to continue playing independently.

The Commission has concluded that a mandatory legal obligation to keep videogames playable after they stop being provided commercially would not be proportionate at this stage. It cited two principal reasons:

• Intellectual property rights: Under EU copyright law, rights holders enjoy exclusive rights over their creations, including the right to establish conditions for licensed use and licence termination. Other IP rights may also protect visual and technological aspects of videogames.
• Existing consumer safeguards: The Directive on digital content and digital services provides consumers with remedies when the content or service provided does not conform with the contract and what consumers could reasonably expect. Consumers may be entitled to a proportionate refund of their purchases. 

However, the Commission has committed to three actions by the end of 2026:

• Stakeholder engagement: The Commission will initiate an exchange with the videogames industry and consumer representatives, with the aim of drawing up a voluntary industry code of conduct on managing videogames' end of life.
• Consumer awareness: It will work with consumer organisations and authorities to raise awareness of applicable consumer rights.
• Directive 2019/770 report: It will report on the application of the Digital Content Directive, covering discontinuation of digital content and services.

The Commission's current route is stakeholder engagement and exploration of a voluntary code of conduct. There is no immediate EU legislative proposal imposing continuing playability obligations on publishers. However, a voluntary code may become a de facto benchmark for enforcement activity, litigation risk and market expectations, even without formal legislation behind it. Businesses should expect greater focus from consumer authorities on the clarity and accuracy of disclosures regarding game lifespan, online functionality dependencies, end-of-service conditions, in-game currencies and refund entitlements. The Commission's emphasis on 'sunsetting standards' signals an expectation that industry will develop and apply transparent, proportionate processes for discontinuing games or services.

The approach taken by the Commission is consistent with that of the UK Parliament's response to a Stop Killing Games petition debated in November 2025. The Government confirmed there were no plans to amend UK consumer law on disabling video games, but that those selling games must comply with existing requirements in consumer law and that the Government would continue to monitor this issue.

Whilst there are no new EU law obligations to maintain servers or release offline patches, publishers should ensure careful planning and management of all sunsetting decisions, in particular: i) to ensure compliance with existing consumer laws; ii) in anticipation of the proposed code of conduct; and iii) to manage consumer expectations and retain player loyalty whilst navigating what can be a sensitive issue. 

Although no new legislation has been introduced in the UK or EU, it is also important to be mindful of the wider international context when handling this issue. In the US, for example, the Californian Protect Our Games Act will impose obligations on publishers to provide notice to players when sunsetting a game and to provide options for players to continue using the game or obtain a refund. It will be interesting to compare the Commission's code of conduct with the obligations under this legislation; it also remains to be seen if similar codes of conduct are adopted in jurisdictions such as the UK where existing consumer legislation has not been amended.

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