March 2025 – Our lawyers understood early on that interactive entertainment has been one of the fastest growing industries in the Central & Eastern Europe, Southern Balkans and Central Asia.
Looking back at the history and global impact of the local game development industry, the region has produced some of the world's most famous games. That is why we have been at the forefront of legal advice in this industry from the very beginning, working on complex projects, negotiating significant deals and being part of the local ecosystem.
Kinstellar's Interactive Entertainment practice is a cross-jurisdictional team with deep knowledge of the industry. With expert local knowledge and a track record at the international level, we provide top-tier tailored advice, knowing the specifics of the local markets and regulations. Our international clients often appreciate the maximum flexibility for complex projects across multiple jurisdictions by offering the "one-stop-shop approach".
We represent indie studios as well as global developers, publishers, distributors, investors, service providers, content providers, celebrities, influencers, esports platforms and teams and more.
Whatever type of game, service or transaction you have, we are ready to step in at any stage of the process.
Members of our team are also active players, so we understand not only the legal but also the practical aspects of the industry.
How can we help?
Commercial agreements
We prepare and negotiate inter alia the following:
- Agreements for the development, production, publishing and distribution of video games and related services
- Agreements for the use or adaptation of IP from video games in films, literary and other works
- Licence agreements and agreements for the assignment and transfer of IP rights to video games, video game assets and related materials
- Term sheets
- Consents with the use of likeness
- Agreements with both employees and external contractors
- Merchandising agreements
- Joint Venture agreements
M&A / VC
As the video gaming and esports sectors are one of the most innovative industries and are constantly evolving, navigating a successful M&A transaction requires a deep understanding of the market dynamics, issues related to intellectual property, and regulatory considerations specific to both industries. Our team has advised on both the buyer's and seller's side of numerous significant M&A transactions in the Interactive Entertainment sector across the region.
Our work covers a broad spectrum of services such as:
- Mergers & Acquisitions (share deal / asset deal; buy side / sell side);
- Venture capital investment transactions;
- Advising on tax aspects of transactions;
- Implementation of ESOP / MSOP.
Corporate
- Comprehensive set up of a business in our jurisdictions;
- Corporate housekeeping;
- Implementation of more advanced corporate structures.
IP
Our services include the following:
- The preparation of strategy for the use of IP rights in video games and related services;
- The exploitation of IP protected assets in innovative ways (NFT, blockchain, etc.);
- Content clearance for assets, architectural works, characters, stories, music, gameplay or well-known brands;
- Review of open‑source licences;
- Advisory related to the use of generative AI and related risks;
- Brand and intellectual property right protection and enforcement, including trademarks, domain names etc.;
- The filing for and registration of IP rights.
Consumer protection
We always make sure that your business operations comply with all applicable legal regulations. As the industry has grown, it has begun to attract the attention of regulators and legislators. We closely monitor legislative and regulatory developments both at the national and EU level, notably in consumer protection, digital governance and gambling regulations.
As part of our practice, we have been successfully representing clients in administrative proceedings before national regulators for many years. We are familiar with their decision-making practices, their internal functioning and regularly monitor their control plans. We can assist you both in representing before the regulators as well as in responding to any of their regulatory enquiries.
- Preparation and review of EULAs and terms of use;
- Preparation and review of terms of service for platforms and applications;
- Review of monetization mechanics (loot boxes and in-game currencies);
- Advice related to age ratings and access to content in order to deliver age-appropriate online experiences for kids and teens in our jurisdictions;
- Advisory related to DSA and DMA compliance;
- Representation before consumer protection and gambling authorities;
- Review of terms and conditions of consumer contests.
Data governance
Our experts have been helping clients set up data governance for years. The increased legislative activity at EU level in recent years in the area of data protection and digital services requires an innovative, holistic and a risk-based approach.
We are in regular contact with local DPAs and are also members of local data protection associations, which bring together various industry stakeholders and through which we communicate our views to both local DPAs and the European Data Protection Board.
- Implementation of holistic data governance in the company, including AI governance;
- Comprehensive support in data breaches, including their management across multiple jurisdictions and strategic communication with the DPAs;
- Representation before DPAs;
- Preparation of DPIAs or Legitimate Interest Assessments;
- Drafting and reviewing internal data governance documents (including ROPA, data processing agreements etc.);
- Review of legal basis for processing;
- Drafting privacy policies and cookie policies;
- Reviewing cross border data flows;
- E-privacy considerations and review (including preparation of strategy for sending commercial communications to consumers etc.).
Employment & labour law
We deliver practical assessments and advice to help companies manage labour law risks in their day-to-day operations, as well as in relation to complex restructuring and M&A transactions. We provide comprehensive labour law advice to clients with operations in multiple jurisdictions across the region.
Our services include inter alia the following
- Employment agreements, including with software developers and creative staff;
- Agreements with external contractors;
- Comprehensive legal services related to relocation of workers;
- Comprehensive legal advice related to remote work;
- Advising on the termination of employees;
- Review of stock option grants;
- The drafting and introduction of employment policies and procedures.
Dispute resolution
We advocate for our clients when their rights are at risk, or when they are facing potential criminal, civil, or regulatory liability.
Our services include inter alia the following:
- The preparation and implementation of litigation strategy;
- Representation in civil, criminal and administrative proceedings, in arbitration and ADR;
- The preparation and negotiation of settlement agreements;
- Cross‑border coordination of litigation actions;
- Legal representation in the case of disputes with business partners (e.g. with publishers) and staff (e.g. with creative staff, software developers etc.), defence against civil and criminal claims regarding the use of third‑party rights etc.
Video game incentives
Incentives for video game companies are on the rise in our region. Our experts are happy to help explain how they work as well as provide full support in the local incentive process.
We regularly lecture and publish on topics related to video games law and esports, we support the local video games and esports industry organizations with expert seminars, and attend international events, such as the Games Industry Law Summit, as well as national conferences dedicated to video games and esports.
Our lawyers are also members of the Video Game Bar Association, the leading international association bringing together experts on video game law.
We have also organized the "Legal Summit powered by Kinstellar", the first ever international legal summit dedicated to video games law in the Czech Republic. The Legal Summit is an integral part of the Game Developers Session in Prague, one of the oldest Central European conferences dedicated to video games development. It brings together panelists and lecturers from all over the world as well as local experts and video game enthusiasts to exchange views and experience on recent video game law issues.
Gaming
Gaming is a widely popular sector within the entertainment industry, governed by strict regulations and regular inspections from the relevant authorities.
We assist our clients in ensuring compliance with local legal requirements and, when needed, represent them in administrative or court proceedings.
In the long term, we have represented clients in the following areas:
- Representing clients in obtaining licences to operate games of chance;
- Preparation of documents necessary for the operation of (online) games of chance and other games (game plan, terms of use, privacy policy, cookie policy);
- Representing the clients in M&A transactions;
- Legal analysis of gaming concepts and follow-up communication with the competent regulatory authorities;
- Legal advice related to loot boxes and in-game currencies;
- Gaming-related tax advice;
- Representing clients in administrative and court proceedings;
- Advice related to interpretation of applicable laws;
- Comprehensive advice on changes to public regulation and monitoring of the gambling market;
- Advising payment service providers providing service to the operators of games of chance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
