Electronic Arts and The Sims FreePlay are under legal investigation for breaching privacy laws. Learn how you might be eligible for compensa
Seems that EA is now allegedly accused of a mayor privacy violation, having used tracking tools on The Sims FreePlay app to secretly gather and transmit players’ personal information to Facebook for advertising purposes. This data potentially includes unique Facebook IDs, which can be used to match players’ in-game activities to their individual Facebook profiles. Attorneys suspect that these potential data-sharing practices may violate a federal privacy law and are now gathering players to take action.
So, there are at least two class action against EA, because it seems to collect data from players using the Meta Pixel software to harness data from players and sell it to the Meta company, who owns Instagram, Facebook and other social networks.
It would be interesting to learn if this allegations are true and how this would be seen in the eyes of GDPR, European Regulation 679/2016, which allows the processing of personal data only with consent given by the data subjects and also in the context of (online) games.
Consent in the context of the GDPR must be understood as an unambiguous indication of an informed and freely given choice by the data subject, relating to specific processing activities. The burden of proof that these criteria are fulfilled falls upon the controller (i.e., the game developer).
Google Play list the privacy condition of EA for its games, including The Sims Freeplay. Basically EA claims to use players data only to give them "better game experience", which seems vague but not less legit. The only less transparent thing I noticed is that the instructions to opt out of targeted marketing of in-game ads are in English and not in Italian: downloading the game, players allows EA to share their account information with third-party partners to customize advertising experience, which is basically all app developers do, but it's weird that the instruction to opt out doesn't have been translated at all!
This is not the first time EA is accused of, well, unethical commercial practice, since EA has been sentenced to pay fines by Austrian (2023) and Belgian (2018) civil court, because their FIFA loot boxes violated local gambling laws.
Moreover, it's important to notice that in January 2023, the European Parliament adopted a report calling for harmonized EU rules to achieve better player protection in the online video game sector.
The Parliament called for greater transparency from developers about in-game purchases: player should be aware of the type of content before starting to play and during the game. Also, players should be informed on the probabilities in loot box mechanisms, including information in plain language about what algorithms are devised to achieve.
The Parliament further stressed that the proposed legislation should assess whether an obligation to disable in-game payments and loot boxes mechanisms by default or a ban on paid loot boxes should be proposed to protect minors, avoid the fragmentation of the single market and ensure that consumers benefit from the same level of protection, no matter of their place of residence.
The Parliament highlighted problematic practices, including exploiting cognitive biases and vulnerabilities of consumers through deceptive design and marketing, using layers of virtual currencies to mask/distort real-world monetary costs, and targeting loot boxes and manipulative practices towards minors.
Loot boxes are among those video games related topics which have been causing the most heated discussions over recent years. Although this c
