The SREN law introduces an experimental framework specifically dedicated to digital objects in video games.
On May 21, 2024, France took a decisive step towards regulating the video game sector with the adoption of the SREN (Sécurisation et Régulation de l'Espace Numérique) law. This innovative legislation introduces, for the first time, an experimental framework specifically dedicated to monetizable digital objects in video games.
This legislative initiative, which reflects the growing recognition of the economic and cultural importance of gaming, profoundly reshapes the legal landscape of the sector and creates new obligations for developers and publishers.
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French experimentation: an unprecedented, controlled approach
The SREN Act introduces a three-year trial period, during which games offering digital objects that can be monetized through mechanisms of chance will benefit from an appropriate legal framework. This pragmatic approach aims to reconcile economic innovation and player protection, while providing legal certainty for players in the sector.
Articles 40 and 41: the cornerstone of the new system
Article 40 of the law establishes the principle of experimental authorization for games enabling adult players to obtain monetizable digital objects by chance. This provision represents a significant step forward, as it removes certain game mechanisms from a legal grey area that potentially exposed them to requalification as gambling.
However, this authorization comes with important restrictions:
- Digital objects cannot be converted directly into real money
- The developer or its partners cannot buy back these items.
- Transactions between players are authorized but strictly regulated
The combined technical and legal expertise of an online gaming lawyer is indispensable in determining whether your business model falls within the scope of this experiment. Through an in-depth analysis of your game mechanics and economic ecosystem, he can help you identify the adjustments needed to benefit from this secure framework, while preserving the attractiveness of your offering.
Article 41 defines the operational obligations imposed on companies wishing to offer these games. These particularly strict obligations are designed to guarantee the integrity of operations and the protection of players.
New reporting requirements: an essential prerequisite
The SREN Act introduces a system of declarations to theNational Gaming Authority (ANJ), which thus becomes the reference regulator for this sector of activity.
Prior declaration: a crucial step
Any company wishing to operate a game offering digital objects that can be monetized by chance must make a prior declaration to the ANJ. This administrative formality, far from being a mere bureaucratic procedure, is the gateway to the experimental system.
The regulatory strategy developed by a legal advisor transforms this obligation into a structuring opportunity. A lawyer can help you prepare for this declaration, ensuring that your file is complete and that your business model is optimally presented. This meticulous preparation maximizes your chances of serenely integrating the experimental scheme.
Information to be provided: transparency and traceability
Although the exact content of the declaration will be specified by decree, several elements are likely to be required:
- Detailed description of game mechanisms involving monetizable digital objects
- Probability of obtaining different objects
- Measures to protect players and prevent excessive gambling
- Measures to combat money laundering and fraud
- Verification of player age and identity
Structured support from a legal expert enables you to anticipate these requirements and prepare comprehensive documentation. By methodically structuring your declaratory approach, a lawyer helps you demonstrate your commitment to compliance and player protection, essential elements in the eyes of the regulator.
Structural and organizational requirements
In addition to reporting obligations, the law imposes a number of structural conditions on companies wishing to offer games with monetizable digital objects.
Local presence and representation
One of the fundamental criteria concerns the company's location. To be eligible for the experimental scheme, companies must :
- Be headquartered in the European Union or the European Economic Area
- Have an establishment in France if the head office is located outside the EU/EEA
- Designate managers in France to ensure compliance with legal obligations
The legal architecture designed by a lawyer helps you determine the optimal corporate structure for your business. Whether you need to set up a French subsidiary, restructure your existing organization or establish representation mandates, his expertise will enable you to respond effectively to these territorial requirements, while optimizing your operational functioning.
Integrity and reliability of operations
The law enshrines a general principle of integrity, reliability and transparency in gaming operations. This cross-cutting requirement translates into concrete obligations:
- Implementation of technical systems to guarantee the accuracy of results
- Traceability of operations and data storage
- Auditability of algorithms and chance generators
- Full player information on game mechanics
The in-depth compliance analysis carried out by an online gaming lawyer enables you to identify the technical adaptations required to guarantee this integrity. In collaboration with your technical teams, he will draw up a robust procedural framework, precisely documenting your implementation choices and guaranteeing their compliance with the regulator's expectations.
Protecting players: an absolute priority
Player protection is one of the fundamental pillars of the new system. As such, the law imposes several specific measures that profoundly transform the relationship between operators and their community.
Verification of age and identity: a reinforced obligation
Participation in games offering monetizable digital objects is strictly reserved for players of legal age. This restriction is accompanied by an obligation to rigorously verify the age and identity of participants.
The legal and operational methodology developed by an expert lawyer guides you in implementing technical solutions that comply with the dual imperatives of protecting minors and respecting personal data. His expertise in the RGPD enables you to design verification processes that are both effective and respectful of user privacy.
Preventing excessive gambling and informing players
Operators must implement concrete measures to prevent excessive and pathological gambling:
- Warning messages defined by ministerial decree
- Mechanisms to help players limit their spending
- Detection systems for problem behaviors
- Ban on player-to-player loans for the purchase of digital items
The preventive approach developed by a legal advisor enables you to design user interfaces and customer paths that naturally integrate these protection requirements. By adopting a proactive approach, you can transform these regulatory constraints into opportunities to strengthen the confidence of your community and the sustainability of your business model.
Special features of sporting competitions
The SREN law pays particular attention to games based on real sports competitions, notably horse racing, imposing specific rules on this segment.
The special context of horse racing
For monetizable digital object games based on horse racing, several additional conditions apply:
- Obligation to use only races on the official calendar
- Need to conclude a contract with the race organizing company
- Prohibition of exclusivity clauses in these contracts
- Respecting the values of public equestrian service
A lawyer's industry expertise is particularly valuable in this specific field. His knowledge of the players in the equestrian sector and the associated regulatory issues will enable you to establish compliant partnerships while maximizing the value of your gaming offer.
Restrictions imposed on actual participants
The law also introduces significant restrictions for participants in real sports competitions (jockeys, trainers, athletes):
- Prohibited from participating in games based on the competitions in which they take part
- Ban on the sale of monetizable digital objects related to these competitions
- Prohibition on disclosing insider information to third parties
The compliance framework developed by an expert legal advisor helps you set up effective control systems to guarantee compliance with these restrictions. By drawing up appropriate verification processes and specific contractual clauses, it secures your business against the risks of privileged information intruding into your gaming ecosystem.
Controlling commercial communications
Commercial communications relating to games offering monetizable digital objects are subject to strict supervision, reflecting the legislator's desire to prevent the exposure of minors and limit incentives to excessive gambling.
Protecting minors in communications
Operators must ensure that their commercial communications do not target minors, and are not broadcast in areas mainly frequented by this audience. This obligation extends to partnerships with influencers and content creators.
The legally secure marketing strategy that a lawyer develops with you enables you to optimize the effectiveness of your campaigns while scrupulously respecting these restrictions. His expertise guides you in the selection of appropriate communication channels and the development of messages that comply with legal requirements.
Mandatory information and prevention messages
All commercial communications must include compulsory information, in particular a message warning of the risks associated with excessive gambling. The technical procedures for displaying this information will be determined by the ANJ.
Personalized editorial support from a lawyer enables you to integrate these formal constraints without compromising the impact of your communications. Through a creative and legally robust approach, he helps you reconcile regulatory compliance and marketing effectiveness.
Sanctions and regulatory control
While the SREN law creates a favorable experimental framework for the development of games with monetizable digital objects, it also introduces a control and sanction mechanism to ensure compliance with the rules.
The central role of the National Gaming Authority
The ANJ has been given extensive powers to monitor compliance with the obligations imposed on operators. In particular, this independent authority has :
- The power to carry out documentary and on-site investigations and inspections
- the right to demand the provision of any necessary information
- The ability to issue formal notices and administrative penalties
- A mission to evaluate the experimentation
The structured institutional relationship that a lawyer can help you establish with the ANJ is a major asset in navigating this new regulatory framework with peace of mind. His or her expertise in administrative procedures and knowledge of the regulator's expectations will enable you to adopt a posture of constructive dialogue and resolve any interpretation difficulties at an early stage.
Risks of sanctions and how to prevent them
Failure to comply with the obligations laid down by the law exposes operators to a range of sanctions, up to and including a ban on offering their games on French territory. For the most serious offences, criminal penalties may also be incurred.
The comprehensive preventive approach orchestrated by an expert in online gaming law is your best protection against these risks. By setting up a comprehensive compliance program covering all legal and regulatory requirements, he or she considerably minimizes the risk of sanctions, while providing you with the necessary evidence to demonstrate your good faith in the event of an inspection.
A strategic opportunity for the gaming industry
By creating an experimental framework for games with monetizable digital objects, the SREN law opens up new prospects for the French video game industry. By taking certain business models out of a legal grey area, this legislative initiative offers developers and publishers the opportunity to deploy promising innovations in a secure environment.
However, the complexity of the obligations imposed and the particular attention paid to player protection require a methodical and legally robust approach. By integrating regulatory constraints right from the design stage of your games, and adopting a proactive compliance approach, you can take full advantage of this legislative breakthrough, while contributing to the emergence of a responsible and sustainable ecosystem.
Our firm helps players in the gaming industry adapt to this new legal framework, offering tailor-made solutions combining technical expertise, strategic vision and legal rigor. In a constantly evolving sector, our in-depth knowledge of the specific challenges of gaming is a decisive asset in transforming regulatory constraints into competitive advantages.
