• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Can Unity’s new runtime fee even be implemented in Europe under data protection law?

15. September 2023
in Data protection Law
Reading Time: 3 mins read
0 0
A A
0
dsgvo 3589608 1280
Key Facts
  • Unity 's new runtime fee requires tracking of user data for commercial projects.
  • Tracking could violate the GDPR, especially when collecting personal data.
  • Companies must comply with the strict data protection requirements of the GDPR in order to avoid high penalties.
  • Consent to data collection is required; users must be informed and give their consent.
  • Technical security measures must be taken to ensure data security.
  • Developers must implement the new fees and tracking in compliance with data protection regulations in order to avoid legal challenges.
  • The lack of clarity regarding the technical details of the fee structure creates additional legal uncertainties.

Introduction

Content Hide
1. Introduction
2. The runtime fee and tracking
3. Consent and transparency
4. Challenges for developers
5. Conclusion
5.1. Author: Marian Härtel

Unity is one of the most popular game development platforms in the world and has recently introduced a new fee structure that includes a so-called “runtime fee”. This fee is charged for the use of the Unity engine in certain commercial projects. An interesting aspect of this new fee structure is the necessary tracking of user data to calculate the fee. This naturally raises questions with regard to data protection, especially in Europe, where the General Data Protection Regulation (GDPR) applies. It is important to note that many technical details of the new fee structure are still unclear. Therefore, this article can only serve as a brainstorm for the legal aspects. In particular, the focus will be on data protection aspects. The fee structure has already received a lot of criticism from game developers, and it’s unclear how it will play out in practice.

The runtime fee and tracking

Unity’s new runtime fairy has caused quite a stir in the developer community. The model is based on the number of users who use a particular game or application. Tracking is required to determine these user numbers. However, this tracking may conflict with European data protection regulations, especially if personal data is collected. It is also important to note that the reliability of tracking can vary depending on the platform. For example, both Apple and Android have taken measures to limit tracking in the past. Therefore, it is questionable how reliable the data used to calculate the runtime fee will be.

The GDPR is a comprehensive regulation and sets strict requirements for the collection, processing and storage of personal data. Companies that operate in Europe or have European citizens as customers must comply with these rules. Violations can result in heavy fines, which can be as high as 4% of a company’s annual global sales. Given these strict regulations, it is imperative that Unity and developers using the platform fully understand and comply with the GDPR.

Consent and transparency

One of the most important aspects of the GDPR is the need for consent for data collection. If Unity collects personal data for tracking, the company must ensure that users are informed about this and give their consent. This must be done in clear and understandable language. Users must be able to revoke their consent at any time. In addition, consent must be specific to the purpose of the data collection and the data may not be used for other purposes.

In addition to consent, companies must also take technical and organizational measures to ensure data security. This could mean that Unity needs to ensure that the data it collects is encrypted and stored securely. In addition, the company must be able to effectively report and manage data breaches. The GDPR also requires that companies follow the principle of data minimization, which means that only the data necessary for the respective purpose may be collected.

Challenges for developers

For developers who want to use Unity for future projects, the question is how to bring the new fees and associated tracking in line with the GDPR. Including tracking in new apps or updates could cause these apps to violate European data protection laws. This could lead not only to legal consequences for the developers themselves, but also to a loss of trust among users. In addition, the lack of clarity on the technical details of the fee structure could lead to further legal challenges.

One option for developers could be to integrate a GDPR-compliant consent form into their apps, which is displayed before tracking starts. In addition, developers could consider whether there are technical solutions that enable tracking in a way that does not collect personal data or anonymizes it. However, it is important to emphasize that these solutions are speculative due to the lack of clarity in the technical details of the fee structure.

Conclusion

The introduction of Unity’s new runtime fee is a controversial move that raises many privacy issues, especially in Europe. Companies using the Unity engine should therefore take a close look at the requirements of the GDPR and seek legal advice if necessary. Since many technical details are still unclear, this article can only serve as a brainstorm for the legal aspects, with a focus on the data protection aspects.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: DeveloperFeeGDPRGeneral Data Protection RegulationPersonal dataPrivacyTransparency

Weitere spannende Blogposts

Livechat via Viber

Livechat via Viber
30. September 2019

Since my live chat offer is very well received, I continuously expand it. Anyone who uses Viber as a chat...

Read moreDetails

Web pages without SSL. Danger of warning letters?

LG Munich: Data protection consent on dating platform
5. January 2019

Today I would like to point out a danger of a warning, which is - still - both legally and...

Read moreDetails

ECJ to decide whether consumer protection agencies may issue data protection warnings

ECJ to decide whether consumer protection agencies may issue data protection warnings
7. November 2022

The Federal Court of Justice (BGH) currently has to decide whether a breach by the operator of a social network...

Read moreDetails

StaRUG – New obligations also for start-ups and small businesses

New reporting requirements for trading platforms through the PStTG
4. August 2024

The Act on the Stabilization and Restructuring Framework for Companies, StaRUG for short, is part of the Restructuring and Insolvency...

Read moreDetails

Sales tax for FBA deliveries; delivery commission

Request individual offer
7. November 2022

In line with my article from Tuesday regarding the VAT treatment of sales from app stores, there is information today...

Read moreDetails

OVG Münster: GMail is not a communication service!

OVG Münster: GMail is not a communication service!
7. November 2022

GMail is not a telecommunications service. This was the decision of the Higher Administrative Court for the State of North...

Read moreDetails

No compensation for scraping incidents on Facebook

OLG Cologne: Blocking/deleting a social media account
28. November 2023

The 4th Civil Senate of the Higher Regional Court of Stuttgart has ruled in two judgments on claims in connection...

Read moreDetails

Soon no Twitch, Steam, Discord, Twitter for under 16s?

Soon no Twitch, Steam, Discord, Twitter for under 16s?
7. November 2022

Will young people under 16 in Germany soon no longer be able to use Twitch, YouTube, Discord, Steam, Twitter and...

Read moreDetails

IGD waives claims arising from data protection

abmahnung
7. November 2022

Actually, the topic IGD Interessengemeinschaft Datenschutz e.V. has already been dealt with sufficiently. I have reported on this here and...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024

In this exciting 30-minute podcast, lawyer Marian Härtel decodes the complex world of digital law for the self-employed, start-ups and...

Read moreDetails
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024
052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung