EXPERTISE
Interactive Entertainment & Gaming

I am impressed with the Kinstellar TMT team’s level of understanding of the industry and ability to anticipate and adapt to new developments in the sector. They are very responsive and solution oriented. The team has shown strong and deep knowledge of the legislation and are well suited for handling complex matters.Legal 500, 2024

Interactive entertainment

Interactive entertainment is one of the fastest-growing sectors in Central & Eastern Europe, Southeast Europe and Central Asia – and it’s a space our team has been passionate about for years.

The region has produced some of the world’s most iconic games and talented creators. That’s why we’ve been committed to being at the forefront of legal support for this sector from the start. We've worked on major projects, advised on key deals, and built strong connections across this dynamic area.

At Kinstellar, our cross-border Interactive Entertainment team brings deep sector knowledge and local expertise. We understand how to tailor our advice to each market’s specific regulatory and commercial environment. Our clients often need a flexible approach across multiple countries, and we deliver that through a seamless "one-stop-shop" model.

We represent indie studios, global developers, publishers, distributors, online platforms, investors, service and content providers, celebrities, influencers, social media, esports platforms and teams, and more.

Whatever the type of video game (PC, mobile, console), service or transaction, we are ready to step in at any stage of the process.

Many of us are also gamers ourselves—so we get the legal and the real-world sides of this sector.

How we can help:

Commercial agreements

We draft and negotiate, inter alia:

  • agreements for the development, production, publishing and distribution of video games and related services;
  • agreements for the use or adaptation of IP from video games to films, literary and other works and, vice versa;
  • licence agreements and agreements for the assignment and transfer of IP rights;
  • term sheets;
  • consents for likeness use;
  • employee and contractor agreements;
  • merchandising agreements;
  • Joint Venture agreements.

M&A / VC

The video game and esports sectors are innovative and fast-evolving. Navigating a successful M&A transaction thus requires a deep understanding of market dynamics, issues related to intellectual property, and specific regulatory considerations. We have advised on major transactions across the region for both buyers and sellers.

Our support includes:

  • M&A (share and asset deals);
  • VC transactions;
  • tax structuring;
  • ESOP / MSOP implementation.

Corporate

We offer full corporate support, including:

  • setting up new businesses;
  • corporate housekeeping;
  • implementation of advanced corporate structures.

Intellectual property

Our services include:

  • strategies for the development, use and protection of IP rights in video games and related services;
  • NFT and blockchain-related assets;
  • IP clean-ups and content clearance for assets, architectural works, characters, stories, music, gameplay or well-known brands;
  • open-source licence reviews;
  • generative AI risk analysis;
  • brand and IP rights protection and enforcement, including trademarks, domain names etc.;
  • filings for and registration of IP rights.

Consumer protection

We strive to ensure that client business operations comply with all applicable legal regulations. As the sector grows, it’s getting more attention from regulators. We help our clients stay compliant and handle regulatory interactions smoothly. We closely monitor legislative and regulatory developments both at the national and EU levels, notably in consumer protection, digital governance and gambling regulations.

As part of our practice, we have successfully represented clients in administrative proceedings before national regulators for many years. We are familiar with regulator decision-making practices, their internal functioning and keep up-to-date with the latest developments in the field of oversight. We can assist clients both in representations before regulators as well as in responding to regulatory enquiries.

We advise on:

  • terms of use, EULAs, and platform terms;
  • terms of service for platforms and applications;
  • monetisation mechanics (loot boxes and in-game currencies);
  • age ratings and access to content in order to deliver age-appropriate online experiences for children and teens across our jurisdictions;
  • DSA and DMA compliance;
  • representation before consumer protection and gambling authorities;
  • reviews of terms and conditions of consumer contests.

Data governance

We have been helping clients establish data governance procedures and frameworks for years —now more important than ever with evolving EU laws. We are members of local data protection associations, which bring together various stakeholders, and through which we communicate our views to both local DPAs and the European Data Protection Board.

Our services include:

  • implementation of holistic data governance for companies, including AI governance;
  • comprehensive support for data breaches, including their management across multiple jurisdictions, and strategic communication with DPAs;
  • representation before DPAs;
  • preparation of DPIAs and Legitimate Interest Assessments;
  • draft and review internal data governance documents (including ROPA, data processing agreements etc.);
  • reviews of the legal basis for processing;
  • draft privacy policies and cookie policies;
  • review of cross-border data flows;
  • e-privacy considerations and reviews (including the preparation of strategies for sending commercial communications to consumers).

Employment & labour law

We deliver practical assessments and advice to help companies manage labour law risks in their day-to-day operations, as well as in relation to complex restructuring and M&A transactions.

Our services include:

  • employment agreements, including with software developers and creative staff;
  • agreements with external contractors;
  • comprehensive legal services related to the relocation of workers;
  • comprehensive legal advice related to remote work;
  • advising on employee termination processes;
  • reviews of stock option grants;
  • drafting and introduction of employment policies and procedures.

Dispute resolution and criminal law

We advocate for our clients when their rights are at risk, or when they are facing potential civil, regulatory or criminal liability.

Our services include:

  • preparation and implementation of litigation strategies;
  • representation in civil, criminal and administrative proceedings, and in ADR;
  • preparation and negotiation of settlement agreements;
  • cross-border coordination of litigation actions;
  • legal representation in disputes with business partners (e.g., with publishers) and staff (e.g., with creative staff and software developers), defending against civil and criminal claims regarding the use of third-party rights;
  • legal representation in sensitive matters, including threats made against studios by players.

Video game incentives

Government support for the video game sector is growing across our region, with an increasing number of local incentive schemes now available to studios and developers. Our team is here to help you understand how these incentives work and guide you through the entire process—from eligibility assessments to successful applications.

We are also active contributors to the sector beyond legal work. Our lawyers regularly lecture and publish on video game and esports law, support local associations through expert seminars, and participate in both international and national conferences dedicated to this fast-evolving space.

We are proud to be members of the Video Game Bar Association, the leading international network of legal professionals specialising in video game law.

 

Their energy and responsiveness are unique. A very hard working and result oriented team of lawyers.
Legal 500, 2022

Gaming

The gaming sector is heavily regulated and regularly monitored.

We assist clients, including operators, equipment developers, technology companies, online platforms, affiliate marketing companies, in ensuring compliance with local legal requirements and, when needed, represent them during administrative or court proceedings.

Our work includes:

  • representing clients in obtaining licences to operate games of chance;
  • drafting documents necessary for the operation of (online) games of chance and other games (game plans, terms of use, privacy policies, cookie policies);
  • representing clients in M&A transactions;
  • legal analyses of gaming concepts and follow-up communications with the competent regulatory authorities;
  • legal advice related to loot boxes and in-game currencies;
  • legal advice related to gambling advertising;
  • gaming-related tax advice;
  • representing clients in administrative and court proceedings;
  • interpreting applicable laws;
  • advising payment service providers offering services to games of chance operators;
  • preparation of strategies for the development, use and protection of IP rights in games of chance and related services;
  • IP clean-ups, brand and IP right protection and enforcement, including trademarks, domain names etc.;
  • filing for and registration of IP rights;
  • employment agreements, including with software developers and creative staff, and advising on the termination of employees;
  • agreements with external contractors;
  • implementation of holistic data governance at the companies, including AI governance;
  • comprehensive support for data breaches, including their management across multiple jurisdictions, and strategic communication with DPAs;
  • representation before DPAs.

Key contacts and News, Deals & Insights for this practice.