Dutch regulator fines Fornite-maker Epic Games €1.1 million for ads aimed at children

The Netherlands Authority for Consumers and Markets (ACM) fined Epic Games 1,125,000 euros for “using unfair commercial practices aimed at children in its Fortnite game.” According to the Dutch regulator, the game maker pressured kids to make in-game purchases with targeted ads in multiple ways.

“Businesses that offer products to children have a responsibility to keep in mind that children are particularly sensitive to certain incentives. In the popular game Fortnite, children’s vulnerabilities were exploited, and were thus pressured into making purchases,” said ACM board member Cateautje Hijmans van den Bergh.

According to the ACM, Fortnite features ads that “directly exhort children to make purchases” with phrases like “buy now” or “get it now.” The ACM called these ads “an illegal aggressive commercial practice, under all circumstances,” and fined Epic Games 562,000 euros for the violation.

ACM also found misleading countdown timers used in the Item Shop to put pressure on kids. In many cases, the item was still available at the same price after the timer reached zero. “Children were thus put under pressure to make purchase decisions quickly because they were under the impression that they would otherwise miss out on the items on offer,” the ACM said, fining Epic Games 562,500 for that violation.

According to the ACM, Epic Games used various design elements in its Item Shop, like the countdown timers, known to target children’s vulnerabilities. The Dutch regulator called it a “dark pattern” that violates the “requirements of professional diligence.” Instead of taking more care to protect children, “Epic actually exploited these types of vulnerabilities.”

“With this decision, we are sending a clear signal: children must be able to play online games without being put under undue pressure. These practices by Epic erode confidence in the digital economy,” Hijmans van den Bergh said.

The ACM gave Epic until June 10 to implement improvements to rectify this unfair commercial practice. According to the regulator, Epic proposed various improvements, and the ACM is confident that the company will implement them. “ACM will check after June 10, 2024, whether Epic has implemented all of the changes it has announced.”