One trailer with an exaggerated claim. One Discord contest with no rules. One influencer collaboration agreed by email without a contract. Any of these situations can turn a launch into a reputational crisis or, at sufficient scale, trigger UOKiK proceedings. Poland’s video-game market was worth about PLN 4.3 billion in 2024, and the production sector employed about 12,000 to 15,000 people across nearly 500 companies. Marketing budgets are growing, campaigns use multiple channels, and the pace before launch leaves little room to reflect. The problem is that marketing compliance in game development is still treated as an afterthought until the community turns into a tribunal and UOKiK starts asking questions. This article gives game-development studios a practical marketing-compliance checklist. It covers risks involving advertising claims, preorders, influencer marketing, contests, and user-generated content (UGC). It outlines the relevant rules and potential penalties, and explains how to prevent marketing from blocking or sabotaging a launch.
Terms you should know before launching a campaign
Before the checklist, let’s clarify the terminology used throughout this article and the law, as it directly affects your obligations.
| Term | What it means for a game-development studio |
|---|---|
| Unfair commercial practice | An act or omission by a business that misleads consumers or distorts their purchasing decisions, such as a trailer showing features that are not in the game at launch. |
| Omnibus price | The lowest price of a good or service during the 30 days before a reduction. It must be stated whenever a discount is advertised (from 1 January 2023). |
| Promotional lottery | A game of chance where participation requires buying a good or service and the winner is selected randomly. It requires a permit from the director of the tax administration chamber. |
| Public promise | A public announcement of a reward for performing a specified act (Article 919 of the Civil Code). Every giveaway and contest is a public promise that obliges the organizer to award the prize. |
| Dark patterns | Deceptive interfaces designed to steer users toward decisions that are unfavorable to them, prohibited by the Digital Services Act (DSA). |
| Digital content | Data produced and supplied in digital form. A game downloaded without a physical medium qualifies as digital content under the Consumer Rights Act. |
Advertising claims in trailers and platform descriptions
This is the area with the highest reputational and legal risk. One exaggerated trailer claim can set off a chain reaction: mass refunds, backlash on Reddit, and UOKiK proceedings.
What obligations does the law impose?
The Act on Counteracting Unfair Market Practices prohibits business conduct that misleads consumers about product features, availability, or purchase conditions. This applies to both active claims (for example, “over 100 hours of gameplay”) and omissions, meaning withholding information that affects a purchasing decision. A Warsaw Regional Court judgment of 2 September 2016 (XVII AmA 10/15) confirmed this principle for free-to-play mobile games with paid SMS Premium options. The court held that failing to provide reliable information about total costs of add-on options is a misleading omission. The judgment’s principle: the more distributed the payment model, the higher the transparency requirements, and in-game environments, where decisions are made on the fly, justify particular consumer protection.
What to check before publishing materials
- Does each claim in the trailer, Steam description, and press materials match the state of the game on launch day, not a target or planned version?
- Are statements about content (mission count, playtime, game modes) verifiable and accurate?
- Is the monetization model clearly communicated? Before purchase, players need to know whether the game includes microtransactions, DLC, a battle pass, or a subscription.
- Do early-access or beta materials clearly state that the version shown is not final?
- Do trailer screenshots and gameplay clips come from the actual game, rather than a rendering engine or target build?
Rule: if your trailer shows something the player will not experience at launch, you have a problem. This is not about artistic license. The question is whether the consumer made a purchase decision based on accurate information.
Inconsistency between marketing and the monetization model
Another often overlooked problem is when pre-launch marketing suggests a complete game, but after launch some content is behind paywalls (DLC, season pass, microtransactions). The Federation of Consumers says that failing to show a price in PLN for premium currencies is a misleading omission. Map the game’s monetization model and check that marketing matches it, especially what the player receives for each price.
Preorders and wishlists: information duties and the right of withdrawal
Preorders are a cornerstone of launch campaigns. They generate revenue before launch, build momentum, and provide data about interest. They also create risks many studios do not consider until the first complaints arrive.
Omnibus price for preorder promotions
Since 1 January 2023, Poland has implemented the Omnibus Directive. Whenever you announce a price reduction for a good or service, including a digital game, you must state the lowest price during the 30 days before the reduction.
| Scenario | Does the Omnibus price rule apply? | What to do |
|---|---|---|
| Preorder is cheaper than the planned post-launch price, and the game has not previously been offered | Probably not: there is no reduction of an existing price | Do not describe it as a discount or price reduction. Avoid suggesting a reduction from a price that never existed. |
| Preorder first offered at the regular price, then discounted | Yes: a conventional price reduction | State the lowest price during the 30 days before the reduction |
| Price reduced in stages within one campaign | Yes | One Omnibus price may be maintained: the lowest price during the 30 days before the first reduction |
| Different sales channels (Steam, Epic, own site) | Yes, separately for each channel | Set the Omnibus price separately for each channel |
UOKiK actively enforces these rules. In 2024, it imposed nearly PLN 37 million in fines on the Zalando and Temu platforms for failing to state, or incorrectly stating, the lowest price during the 30 days before a reduction. The Omnibus price cannot be replaced by a manufacturer’s recommended price or a price from another market.
Right of withdrawal for preorders
Consumers have 14 days to withdraw from a distance contract (Article 27 of the Consumer Rights Act). Digital-game preorders are subject to the exception in Article 38: the right of withdrawal does not apply if performance began before the period ended with the consumer’s express prior consent after they were informed that they would lose that right. If you do not obtain consent correctly, the withdrawal period may extend to 12 months. If launch is delayed, the consumer may demand delivery and then withdraw without granting an additional period if the circumstances indicate that the studio will not deliver by the agreed date.
Preorder bonuses: what to watch for
- Clearly state what the player receives as a bonus (content, format, and availability date).
- State whether the bonus is limited by time or quantity.
- Do not imply exclusivity if the bonus will later be available to everyone.
- Make sure the bonus information is not an unfair commercial practice, such as promising exclusive content that turns out to be only a cosmetic skin change.
Influencer marketing: ad disclosures and content rights
Influencer collaborations are standard in game marketing. Problems arise when a deal is closed in a hurry, without a contract, clear disclosure rules, or clear rights to the materials.
UOKiK Recommendations of 26 September 2022
UOKiK published its Recommendations on labeling advertising content by social media influencers. Their legal character is soft law: official guidance on existing provisions. They do not create new obligations, but UOKiK treats them as a market standard when assessing violations.
When does the duty to disclose arise:
| Situation | Disclosure required? | How to disclose |
|---|---|---|
| Paid collaboration (money, commission) | Yes | Advertising material; paid collaboration with [brand] |
| Barter (game keys, equipment, event invitation) | Yes | Advertising material or advertising collaboration |
| Affiliate link or discount code | Yes | Sponsored post; advertising material |
| First gift from a brand | Not as an advertisement, but disclosure is required | Product received from [brand] |
| Further gifts from the same brand | Yes | Advertising material |
| Spontaneous recommendation with no benefit | No | – |
| Self-promotion (the influencer’s own products) | Yes | Self-promotion; own brand |
Disclosure format requirements:
- Clear, unambiguous, and understandable to every audience member
- In a visible place, preferably at the start of the description or video
- Visually distinct from the rest of the content and in a sufficiently large font
- In Polish if the profile is operated in Polish
- Not acceptable: disclosures only in a foreign language (ad, sponsored), abbreviations such as #rek or #spons, or ambiguous terms such as collaboration or collab
Penalty for covert advertising: the Olimp Laboratories precedent (2023)
UOKiK imposed a fine of over PLN 5 million on Olimp Laboratories and imposed combined fines of over PLN 40,000 on three influencers for covert advertising on Instagram. It was the first decision to penalize both an advertiser and creators. UOKiK expressly referred to its 2022 Recommendations.
Who is responsible, the studio or the influencer? Both. The Recommendations address influencers, advertising agencies, and advertisers; all are responsible for proper disclosures. If an influencer fails to disclose the collaboration and the studio did not address this in the contract, the studio also bears the risk.
Content rights: what to regulate in the contract
- Who owns materials created by the influencer (streams, reviews, gameplay)?
- Does the studio have the right to use influencer materials in its advertising campaigns (reposts, trailer excerpts)?
- The territorial and time scope of the license
- Disclosure rules: the duty to label collaborations under the UOKiK Recommendations
- No reposting studio materials without permission
A missing clause on content rights can block a campaign: the studio wants to use a streamer’s clip in an ad but has no permission to do so.
Contests and giveaways: contest or lottery?
Running a Discord giveaway? A fan-art contest on Twitch? A random key draw among subscribers? Each may have legal consequences, and not every activity is a contest under the law.
Distinguishing a contest from a promotional lottery
| Criterion | Contest (Articles 919-921, Civil Code) | Promotional lottery (Gambling Act) |
|---|---|---|
| How the winner is selected | Qualitative assessment (jury, substantive criteria) | Random draw |
| Must participants buy a good or service? | No | Yes, participation is linked to a purchase |
| Permit | Not required | Required (director of the tax administration chamber) |
| Fee | None | 10% of the prize pool (minimum 50% of the base amount) |
Penalty for organizing a lottery without a permit: a fine of up to 200% of the gambling-tax rate (Gambling Act).
Typical scenarios in online gaming
Free giveaway (Discord/Twitch), randomly drawing a key among followers:
- No purchase required for a free Discord/Twitch giveaway with a randomly drawn game key, so it probably does not meet the definition of a promotional lottery
- Random winner selection creates a risk that it will be classified as another game of chance
- If in doubt, you may apply to the Minister of Finance for a ruling (Article 2(6) of the Gambling Act)
- Regardless of its gambling classification, announcing a giveaway is a public promise and creates a duty to award the prize
Giveaway tied to a subscription or purchase:
- If participation requires a purchase and the winner is selected randomly, it meets the definition of a promotional lottery and requires a permit.
Contest for the best fan art with a prize:
- A winner selected by qualitative assessment from a jury makes it a Civil Code contest, which does not require a permit.
- Article 921(3) of the Civil Code: awarding a prize alone does not transfer copyright in the winning work. The studio acquires rights only if it expressly reserves them in the public promise (rules).
What rules should include
- Organizer’s name and contact details
- Participation conditions (eligibility and age limits)
- Prize description and value
- How the winner is selected (judging criteria or random draw)
- Contest duration and results announcement date
- How to claim the prize
- Personal-data provisions (GDPR)
- Copyright provisions for submitted works, if applicable
No rules does not mean no obligation. If you publicly announce a prize, you must award it under Article 919 of the Civil Code.
UGC: using materials created by players
Fan art, YouTube gameplay, mods, screenshots, cosplay: player-created materials are powerful marketing tools. They can also lead to claims if the studio uses them commercially without the necessary consent.
Default platform terms are not always enough
Platform terms (Steam Workshop, Discord, Twitch) govern the relationship between the platform and user, not between the user and game studio. If you want to use a player’s fan art in an official trailer, social-media post, or press materials, you need a separate license or consent.
What to put in place
- Prepare community rules setting out the license to player-created materials. Clearly state which rights the studio receives to materials posted on official channels (Discord, forum, subreddit).
- Set up a process for commercial-use consent: separate consent for each specific use (for example, in a trailer, on a website, or in an ad).
- Specify whether the license is exclusive or non-exclusive, paid or free, and time-limited or perpetual.
- Allow consent to be withdrawn and decide what happens to materials already published.
- Remember GDPR: if UGC includes a player’s image (for example, cosplay), you need an additional legal basis to process personal data.
GDPR in a game’s marketing campaign
Collecting wishlist data, event registrations, contest forms, and marketing email lists: each of these is subject to GDPR.
Common mistakes
- Using wishlist data for marketing emails without an appropriate legal basis: adding a game to a wishlist is not consent to receive a newsletter.
- No privacy notice in contest forms: participants must know who controls their data, why it is processed, and how long it is stored.
- No data-processing agreement with a marketing agency or event platform
- Keeping contest participants’ data longer than the processing purpose justifies
Penalties
UODO fines for GDPR violations: up to EUR 20 million or 4% of global turnover. The EU trend is clear: penalties are rising. The AI Act provides for fines of up to EUR 35 million or 7% of turnover for prohibited practices. UOKiK is one of the supervisory authorities for both market practices and, in the future, AI. This regulatory convergence means one violation may trigger scrutiny from multiple directions.
Dark patterns in sales interfaces
The Digital Services Act (DSA) prohibits deceptive interfaces on online platforms. The ban covers:
- Repeatedly asking users to make a choice they have already made
- Making cancellation much more cumbersome than purchase
- Default settings that are difficult to change and unfavorable to the user
- Designing choices to steer users toward actions that benefit the platform but harm the user
For a game studio, this means reviewing preorder pages, DLC and season-pass purchasing, subscription mechanisms (battle pass), subscription cancellation, and refunds. UOKiK is conducting explanatory proceedings concerning gaming platforms, including Microsoft (Game Pass) and Sony (PlayStation Plus), regarding subscription practices. Your studio does not need to be a platform to be subject to these rules; it is enough to sell digital content directly to consumers.
Full compliance checklist before a launch campaign
The following table brings the obligations together. Use it to review your campaign before launch.
| Area | What to check / implement | Priority |
|---|---|---|
| Advertising claims | Every trailer and description claim matches the state of the game at launch | Required |
| Advertising claims | The monetization model is clearly communicated before purchase | Required |
| Advertising claims | Early-access materials are labeled as a non-final version | Required |
| Preorders | Information about content, delivery date, and right of withdrawal | Required |
| Preorders | Omnibus price with every price-reduction claim | Required |
| Preorders | Valid consent to supply digital content before the withdrawal period ends | Required |
| Influencers | Contract clause on ad disclosures under the UOKiK Recommendations | Required |
| Influencers | Clause on content rights (license, reposting, scope) | Required |
| Influencers | No direct purchase solicitations to children | Required |
| Contests | Rules compliant with the Civil Code, or a lottery permit | Required |
| Contests | Copyright provisions for submitted works | Recommended |
| UGC | Community rules licensing player-created materials | Recommended |
| UGC | Process for obtaining consent for commercial use | Recommended |
| GDPR | Privacy notices in forms and wishlists | Required |
| GDPR | Data-processing agreements with agencies and platforms | Required |
| Dark patterns | Review sales interfaces for DSA compliance | Recommended |
| Internal | Marketing playbook: what does and does not require legal review | Required |
| Internal | Compliance-basics training for the marketing team | Recommended |
How we can help your studio
Marketing compliance does not have to block a campaign. The better your rules are organized, the faster and more confidently you can act. You do not need a lawyer to review every post. You need clear boundaries that let the marketing team make decisions independently and know when to escalate. We help game-development studios and publishers organize marketing compliance in these areas:
- Marketing-material audit: review of claims, platform descriptions, and trailers for compliance with the Act on Counteracting Unfair Market Practices.
- Marketing playbook: an approval checklist with clear criteria for what needs legal review.
- Rules templates: contests, giveaways, and promotions tailored to gaming on Discord, Twitch, and Steam.
- Influencer contracts: standard templates with ad-labeling, content-rights, and disclosure clauses.
- UGC rules: terms for using player-created materials.
- Preorder review: compliance with the Omnibus Directive, consumer law, and distribution-platform rules.
We work at campaign speed, not law-firm speed.
Marketing compliance is not a brake; it protects your launch
A game launch campaign is the culmination of months or years of work. One communications mistake can undo that effort: mass refunds, community backlash, or UOKiK proceedings. The cost of missing compliance is always higher than the cost of implementing it. Regulations are already in force. UOKiK actively reviews the digital sector, from gaming subscriptions (Game Pass, PlayStation Plus) to influencer marketing. The Omnibus Directive, ad-labeling Recommendations, and Gambling Act are current obligations, not future risks. If you are planning a launch campaign and want to identify open risks, contact us. We will help organize compliance so your marketing can operate at full speed.
Frequently asked questions
Do I really need rules for a Discord contest if the prize is a game key worth PLN 50?
Yes. Any public announcement of a reward for performing a specified act is a public promise under Article 919 of the Civil Code, regardless of the prize value. No rules do not remove the duty to award the prize, but make it harder to defend against a dispute, for example, if a participant alleges unfairness. In addition, if the winner is selected randomly and participation requires a purchase, the activity may qualify as a promotional lottery requiring a permit.
Who is responsible for failing to disclose an ad, the studio or the influencer?
Both. The UOKiK Recommendations of 26 September 2022 address influencers, advertising agencies, and advertisers. The precedent-setting Olimp Laboratories decision (2023) confirms that UOKiK fined the advertiser over PLN 5 million and three influencers a combined amount exceeding PLN 40,000. An influencer contract should therefore include a clear clause requiring disclosures under the Recommendations.
Can I freely use fan art and player UGC in official marketing materials?
No. Platform terms (Discord, Steam Workshop, Twitch) govern the relationship between the platform and user, not between the user and the studio. Commercial use of player materials requires a separate license or consent. Article 921(3) of the Civil Code confirms that awarding a contest prize does not transfer copyright in the winning work. The studio acquires rights only if it expressly reserved them in the rules.
Does a preorder with an exclusive bonus fall under the Omnibus Directive?
It depends on whether you communicate a price reduction. If the preorder price is below the planned post-launch price and the game has not previously been sold, the Omnibus price mechanism is probably not triggered. If you describe it as a discount or price reduction, you must state the lowest price during the 30 days before the reduction. The bonus itself is not subject to Omnibus, but the way you communicate its price is.
What trailer claims could get a studio into trouble with UOKiK?
Any claim that does not match the state of the game at launch. This includes playtime, available modes, graphics quality (if the trailer shows a target build), game content (if some is behind paywalls), and promises about updates or new content. Judgment XVII AmA 10/15 confirms that failing to provide reliable information about cost and content is a misleading omission, even if the studio made no explicit false promise.
I have a global campaign. Is Polish compliance enough?
No. Each market has its own rules: the source notes FTC guidance in the United States and ASA standards in the United Kingdom. Polish compliance (UOKiK, GDPR, and the Gambling Act) protects you in Poland and partly in the EU, but a global campaign requires checking the rules in every market where you sell. Consider consulting a lawyer who specializes in the relevant jurisdiction.
