On 14 January 2026, Rotterdam District Court held that the Netherlands Authority for Consumers and Markets (ACM) had correctly imposed a €1,125,000 fine on Epic Games, creator of the popular game Fortnite. The regulator was also entitled to issue a binding instruction to the company. The judgment is significant for game developers, platforms and other businesses using online sales techniques, particularly where their audience includes children or young people.
What happened?
Fortnite, particularly its free-to-play Battle Royale mode, allows players to buy cosmetic items such as outfits, dances and wraps to personalise their avatars. Purchases use V-Bucks, the game’s virtual currency, which must be bought with real money.
The ACM found that Epic used several techniques in Fortnite’s Item Shop that breached consumer law. The central issue was how children were encouraged to make purchases.
The ACM identified three main infringements:
- Misleading timers wrongly suggesting time pressure.
- Direct exhortations to purchase through prominent buttons and suggestive wording.
- Artificial scarcity in a changing selection, pressuring children into making choices without sufficient clarity.
Significance for the games industry
The judgment emphasises that digital product providers, particularly those targeting young audiences, must take special care when designing sales environments. Marketing techniques normally accepted in adult online retail may readily be misleading or manipulative when directed at children.
The court supported its reasoning with scientific literature and UNICEF research. Children are particularly sensitive to scarcity and time pressure, which strongly influence purchasing behaviour. Examples include wording such as “Get it now” and “Grab it”, and buttons made prominent by their colour and position. The issue is therefore not only what is sold, but above all how.
Alongside the fine, the ACM gave Epic a binding instruction requiring specific changes. Measures included:
- Removal of the timer presenting items under time pressure.
- Worldwide removal of colour borders and rarity labels from the Item Shop.
- An explicit statement for each item of how long it remains available.
- Players under 18 in the Netherlands seeing only items available in the shop for at least 48 hours.
These measures are corrective and also illustrate what the regulator considers fair commercial practice in a digital environment.
Practical examples
Epic is not an isolated example. Time pressure and scarcity are widely used outside gaming too. E-commerce platforms may display “Only 2 left!” or “Offer expires in 1 hour!” Although such techniques are often permitted for adults, stricter standards apply to children. Even suggestive design, such as the colour of a purchase button, can create legal risks.
What can businesses learn?
For providers of digital products, platforms and games, particularly those with young audiences, the message is clear: commercial creativity must remain within the bounds of professional and fair conduct. Transparency is especially important for vulnerable groups such as children.
Ask yourself:
- Is information about availability and price clear and honest?
- Are users placed under time pressure without a genuine need?
- Do interface elements exert disproportionate pressure to purchase?
If these questions reveal a problem, examine your practices carefully.
The judgment shows that unfair digital commercial practices do not go unpunished, even where global market leaders are involved. Transparency, fairness and professional diligence are more than legal requirements: they underpin lasting customer relationships, particularly in markets where young users play an important role.
Do you have questions about whether your platform or product offering complies with fair trading rules? Contact Julia van Leeuwen.
