The Joint Länder Gambling Authority (GGL) actively advocates for comprehensive legal regulation of loot boxes and supports current calls for effective regulation in terms of the protection of children and young people.
The task of the GGL in the current discussion is to coordinate the legal assessment of whether loot boxes, as well as other phenomena such as betting on skins etc., should be classified as gambling. In this context, on 28.02.2024 the GGL, together with the Länder, organized an expert workshop with Prof. Martin Maties, professor at the University of Augsburg and head of the Research Center for eSports Law, and his colleague Dr. Lennart Brüggemann.
The objective of the event was to advance the evaluation of loot boxes under gambling law and to shed light on all the legal arguments of this border area between gaming and gambling. The results of the workshop form a solid basis for further decision-making. To this end, the GGL plans to organize further expert events together with the federal states.
However, the authority emphasizes that the classification of loot boxes under gambling law is only part of the overall discussion. It is also necessary to evaluate what the options for action are by the competent authorities for the protection of children and young people. The common goal of all parties involved is the effective regulation of loot boxes to protect children and young people. The GGL therefore calls on the competent authorities to carefully examine all aspects and options for action to counteract the potential dangers of addiction of loot boxes for target groups particularly deserving of protection.
Notes on the loot box phenomenon
The social perception of loot boxes is changing, also driven by the increase in media coverage. The economic importance of loot boxes in the gaming industry is growing and sales are continuously increasing.
There is currently no uniform legal classification of loot boxes in Germany. Positions range from “Loot boxes are not fundamentally gambling” to “Loot boxes may represent gambling in individual cases” to “Loot boxes regularly represent gambling.” Even in other European countries there are different assessments as to whether loot boxes should be classified as gambling or not.
Children and young people are increasingly coming into contact with elements similar to gambling and loot boxes. They are rarely taught the right way to deal with it. Experts warn of the risks associated with early exposure to elements of gambling.
