Compliance Updates
Euroconsumers calls Nintendo to solve its “Joy-Con Drift” probl
The new version of the Nintendo “Switch” console, the Switch OLED, expected on October 8th 2021, shows an unsolved technical problem with its controllers – an issue commonly called “Joy-Con Drift” – that prevents players from playing the game properly. Nintendo is quite aware of this flaw. Yet it still plans to roll out the new Switch with the old problem. Euroconsumers calls Nintendo to account.
“Joy-Con Drift”
The flaw in the controllers manifests itself after a couple of months, falsely reading input from the controller stick, as if the user has their thumb pressed down on the controller, causing the game character to move without the player even touching the device. This prevents the player from playing the game as intended. This issue is not new: it was already denounced extensively by users of the current Nintendo Switch, IFixit and multiple consumer organisations.
Nintendo’s inaction
This flaw has previously been raised with Nintendo. Firstly in January 2020, Test Achats/Test Aankoop, Euroconsumers’ Belgian national organization, sent a letter of formal notice to Nintendo Europe GmbH calling on the company to repair all the defective products free of charge and to publicly communicate about the defect.
In January 2021, BEUC, the European umbrella group for 46 independent consumer organisations, launched an external alert to the CPC network about a widespread infringement with Union dimension of EU consumer law, related to the premature obsolescence of the Nintendo Switch.
On top of this EU action, two class actions have been launched in the US, and a Canadian firm has filed an application to begin a class action.
Nevertheless, Nintendo has taken no actions to remedy the flaw or alert consumers. It even issues a new Switch OLED with the exact same Joy-Con design, with the exact same inescapable defect. Meanwhile Nintendo keeps on putting a great deal of emphasis on the quality and versatility of the Joy-Con in its advertisements t.
This early obsolescence is not only unfair and harmful to consumers, but also affects the environment, creating a pile of unnecessary and extremely polluting electronic waste.
Euroconsumers’ call on Nintendo
In a letter Euroconsumers has confronted Nintendo with the above, asking them to:
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Adequately inform consumers of the existence of the “Joy-Con Drift” and its impact on the expected lifespan of the Nintendo controllers on the packaging of the product.
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Fully respect provisions on the legal product guarantee, without imposing any burden of proof on consumers or charging them with any costs to repair or replace their Switch controllers.
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Provide clear contact details at Nintendo for consumers to report and resolve Joy-Con problems, and for Euroconsumers and its national organisations to address problems to that regard.
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Resolve the technical “Joy-Con Drift” flaw and ensure a more sustainable version of the controllers. Euroconsumers, and its national organizations stand ready to deploy decades of technical and testing experience to support finding solutions.
Euroconsumers is available and willing to launch a dialogue with Nintendo in order to establish the best way to satisfy the above requests.
“Nintendo has a duty to its customers to provide functioning devices,” said Marco Scialdone, Head of Litigation and Academic Outreach at Euroconsumers. “To knowingly continue selling these game consoles when they are defective is a breach of EU consumer law. We expect Nintendo to do the right thing and work with us to find a solution for consumers.”
“While on one hand Nintendo pretends to commit to the green transition and serve consumers, its continued distribution of faulty electronic devices shows it’s true lack of genuine commitment,” said Els Bruggeman, Head of Policy and Enforcement at Euroconsumers. “Early obsolescence results in more electronic waste, which is particularly difficult to dispose of. This shows a regrettable lack of respect for both the environment and consumers.”
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Compliance Updates
KSA Intensifies its Cooperation with Sports Associations to Combat Illegal Gambling Advertising
The Netherlands Gambling Authority (KSA) has intensified its collaboration with sports associations and clubs to combat illegal gambling advertising. Since the implementation of the ban on untargeted advertising, the KSA has been monitoring advertising by gambling companies more closely. To combat illegal advertising in sports, the KSA is working more closely with sports organisations.
Consultation with sports associations and clubs
After the ban on sports sponsorship came into effect, the KSA (Dutch Sports Federation) wrote to all sports associations about their responsibilities in this regard. The KSA found no significant violations by license holders after the ban was implemented. However, the regulator noted that confusion can arise, for example, when foreign clubs play with the logo of a legal sponsor in that country on their shirts. The KSA supports sports organisations where possible by explaining the rules and providing input on their application.
Positive examples
Several matches have shown that clubs are making efforts to correctly implement the ban. For example, Olympiacos Piraeus played in the CEV Cup match (volleyball) against Draisma Dynamo in Apeldoorn wearing shirts without the logo of a foreign gambling provider.
Consultations were held with the KNVB (Royal Dutch Football Association) before the match between AZ and Jagiellonia Białystok on December 18. The shirts displayed a logo from a score website. This logo differed significantly from that of the gambling provider, and the name was also different. Furthermore, no references to gambling services were found on the score website.
The KSA also sees matches in which players play with blank shirts or with shirts from its own foundation.
Extra supervision at international competitions
There were also situations where the rules were not met. Following matches like the Ajax vs. Internazionale and Go Ahead Eagles vs. Stuttgart matches, letters were sent to the clubs involved. A banner from an unlicensed gambling provider was visible during the Go Ahead Eagles vs. Stuttgart match. However, this gambling provider was not visible in the stadium itself or in the regular Dutch TV broadcast. For international matches, various image recordings are used, which can include virtual billboards. For the Dutch market, the gambling provider was replaced by an alternative advertisement. When distributing a summary in the Netherlands, part of the imagery in which the sponsor message was visible was mistakenly used. As a result, clubs and associations were again reminded of the importance of due care in international productions and summaries.
Continued attention
The KSA continues to consult with sports associations and clubs in the coming period and actively monitor compliance with the ban on untargeted advertising by gambling providers. Enforcement action will be taken where necessary. With this approach, the KSA contributes to a sports environment free of advertising for (illegal) gambling services.
The post KSA Intensifies its Cooperation with Sports Associations to Combat Illegal Gambling Advertising appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
Ireland Minister Jim O’Callaghan Signs Order to Allow GRAI to Begin Issuing Licences
Ireland’s Minister for Justice, Home Affairs and Migration, Jim O’Callaghan has signed an order to commence key aspects of the Gambling Regulation Act 2024 to allow the Gambling Regulatory Authority of Ireland (GRAI) to begin issuing remote and in-person betting licences.
The signing of the commencement order, which comes into effect on Thursday, 5 February 2026, enables the Authority to start accepting and processing applications, and issuing licenses for remote and in-person betting operators. It also commences the necessary enforcement and oversight and complaints mechanisms that underpin the new licensing framework. In addition, the order commences those sections of the Act that amend and repeal existing legislation on the statute book. In particular, it will repeal the Totalisator Act 1929 and the Betting Act 1931.
Minister O’Callaghan said: “Today marks another important step towards replacing Ireland’s outdated gambling laws with a streamlined and simplified licensing framework. This reflects the nature of modern gambling and takes into account the harms associated with problem gambling, by providing safeguards to protect people from those harms, especially children.
“The Authority can issue licences for new entrants as soon as is feasible, licence remote operators from 1 July 2026 and in-person operators from 1 December 2026, when their existing licences, issued by the Office of the Revenue Commissioners, expire.
“The Act provides the Authority with the necessary enforcement powers to take appropriate and focused action where licensees fail to comply with licensing terms, conditions and regulations, and to deal with unlicensed operators, those operating without the correct licence, or those in contravention of the terms of a licence issued by the Authority.”
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Compliance Updates
Austrian Supreme Court Says Loot Boxes Aren’t Gambling
The Supreme Court of Austria has ruled that loot boxes in Electronic Arts’ FIFA Ultimate Team do not count as gambling under the country’s Gambling Act. A group of plaintiffs had argued that EA’s randomised digital packs offering a chance to obtain rare footballers amounted to unlawful gambling, but the court disagreed.
In the decision, the judges clarified the definition of a game of chance as a “game in which the outcome depends solely or predominantly on chance.” While loot boxes involve a random allocation of items, the judges emphasised that players influence the outcome of the game itself through tactics, strategy and controller skills.
“The plaintiffs have failed to prove that the game in question is one in which the outcome depends exclusively or predominantly on chance,” the judgment states.
The post Austrian Supreme Court Says Loot Boxes Aren’t Gambling appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
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