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GAMES AND E-SPORTS

Games and e-sports play a major role in our legal practice

Our lawyers provide ongoing advice in the area of games and e-sports, with our specialists in contract law, copyright, data protection, consumer protection, sports law and youth protection all being frequently involved. CMS is thus able to provide you with specialised legal advice backed by extensive industry knowledge, particularly in the following matters:

  • Contract design, e.g.
    • in connection with the development of games and platform products, including setting up suitable cloud solutions
    • when implementing e-sports events, including agreements with game publishers, organisers, e-sports teams, sponsors and media partners
    • marketing agreements
  • Regulatory requirements, e.g. youth protection and broadcasting law
  • Requirements under consumer protection legislation and monetisation options, e.g. in-game advertising and in-game sales
  • Copyright issues
  • General terms & conditions, terms of use and privacy and cookie statements, e.g. for competitive gaming products
  • Countering liability claims and handling litigation and arbitration

We understand the sector and develop tailored strategies

Our lawyers know the industry and are happy to work with you to develop long-term strategies and comprehensive solutions. In doing so, we bear in mind the complex interplay between the various stakeholders and their negotiating positions (e-sports events, for example, require intricate cooperation between a wide range of individuals: game publishers, organisers, e-sports teams and players, sponsors and media partners/publishers, etc.).

This enables us not only to propose legally viable solutions, but also to develop tailored strategies which are always focused on the same objective: optimising your added value.


Notable instructions in Europe

Legal advice on games and e-sports (selection)

  • World Esports Association (WESA)

establishment of an e-sports association and professional e-sports league involving the world's best-known e-sports teams and the Electronic Sports League (ESL), including drafting of detailed regulations and establishing a dedicated arbitration tribunal

  • Turtle Entertainment (ESL)

ongoing legal advice for the world's largest organiser of e-sports events

  • ChallengeMe

advice on setting up a competitive gaming platform

Sport (selection)

  • International governing body of association football (FIFA)

advice on sale of media rights

  • German football league (Bundesliga)

advice on sale of media rights and acquisition of a broadcasting licence

  • German basketball league (Bundesliga)

advice on sale of media rights and acquisition of a broadcasting licence

Licensing and new media (selection)

  • E-commerce platform

advising a world-leading e-commerce platform on licensing sport content

  • Content platform

advising a world-leading hardware provider in relation to its app, music and video platforms

  • Sky

advice on content licensing

  • German Football League (DFL)

comprehensive advice and drafting the invitation to tender for online and offline computer games and also for the establishment of an official online Bundesliga

  • Lagardère Sports Germany GmbH

assertion of claims against the football association of Kazakhstan concerning unjustified extraordinary termination of the agency agreement. Matters involving international service of documents and enforcement. Cross-border: Germany, Switzerland, Kazakhstan

Sponsorship and advertising (selection)

  • Hannover 96 / Real Madrid

advice on sports betting sponsorship

  • Hamburger SV with regard to HSH Nordbank Arena versus City of Hamburg

advice on sports betting sponsorship
New products (selection)

New products (selection)

  • Technology company

advice on data protection related to the market launch of a smartwatch/wearables
Robotics start-up – advice on business model related to e-commerce and product compliance on entering the German market with an innovative games concept and other products

  • Robotics start-up

advice on business model related to e-commerce and product compliance on entering the German market with an innovative games concept and other products

Information technology (selection)

  • Sportdigital TV Sende und Produktions GmbH

extensive ongoing advice, particularly with regard to media and corporate law (approval issues, cable and satellite distribution, taking of stakes by investors), contract design and structuring of end customer terms and conditions

  • meetyoo conferencing GmbH

advice on acquisition of all the shares in ubivent GmbH (provider of virtual events) from the managing shareholders

  • Netlantic GmbH

representation in landmark cases concerning virtual video recorders; negotiations with collecting society GEMA on the acquisition of cable re-broadcasting rights; advice and representation vis-à-vis the Commission for the Protection of Minors in the Media (KJM) related to certification of the world's first procedure for age verification via webcams

Authors

Pietro Fringuelli
Dr. Pietro Graf Fringuelli
Partner
Cologne
Picture of Dolf Segaar
Dolf Segaar
Partner
Amsterdam
Sebastian Cording
Dr. Sebastian Cording
Partner
Hamburg
Picture of Matt Pollins
Matt Pollins
Partner
Singapore
Picture of Blanca Cortes Fernandez
Blanca Cortés
Thorsten Hemme
Thorsten Hemme
Counsel
Cologne
Martin Gerecke
Dr. Martin Gerecke, M.Jur. (Oxford)
Principal Counsel
Hamburg
Pascal Weber
Pascal Weber, LL.M., Wirtschaftsjurist
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