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Are Loot Boxes Actually Illegal?

Children each looking at a tablet
Loot boxes are found in many video games and can be addictive. Photo: Getty Images
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June 7, 2026, 2:48 pm | Read time: 5 minutes

Random player cards for the Ultimate Team in “EA FC 25,” rare “Fortnite” skins, or special “Counter-Strike” cases are just a few examples of gambling-like elements in many games. Experts refer to these as so-called loot boxes. TECHBOOK spoke with the Federal Center for Child and Youth Media Protection in Bonn about why these are particularly problematic for children and adolescents and what the legal situation looks like.

Loot boxes are a billion-dollar business. Addiction researchers have long warned about how such mechanisms in video games particularly entice children and adolescents. However, concrete regulations are difficult because the gaming industry continually devises new schemes that often operate in a legal gray area.

What Are Loot Boxes?

First of all, what are loot boxes? “Loot boxes are virtual chests in the video game world that contain an item, the loot,” explains Esther Schöttke, press officer at the Federal Center for Child and Youth Media Protection (BzKJ), when asked by TECHBOOK.

Loot boxes can be earned or purchased using real money or a virtual fantasy currency. Such games then carry labels like “in-game purchases,” a term not directly synonymous with loot boxes, or “random items.” A key feature is that the content of the loot box is randomly generated. When winning or purchasing, a gamer usually does not know in advance what is inside the virtual luck box.

“Loot boxes do not necessarily take the form of a ‘surprise box.’ They can also appear as card packs, wheels of fortune, gifts, tickets, or hatching eggs. The forms are unlimited,” emphasizes Esther Schöttke from the BzKJ. “They represent gambling-like elements that are mechanically and structurally similar to simulated gambling.”

Addiction Risk from Loot Boxes

This is precisely where the danger lies. Similar to gambling, such elements in games can lead to a loss of control over financial expenditures and promote excessive gaming behavior. At the same time, the threshold for real gambling is lowered, potentially leading to addiction.

The risk of addiction fundamentally affects everyone. However, the risk is particularly high for children and adolescents. “In young people, the development of the so-called prefrontal cortex in the brain is not complete until the mid-20s. This area is responsible for rational and deliberative, planning actions, as well as emotional control, and is thus crucial for impulse control,” explains the press officer from the Federal Center for Child and Youth Media Protection.

In contrast, the limbic system matures earlier in children and adolescents. This area controls emotions and stimuli such as reward and pleasure. Compared to older adults, children, adolescents, and young adults therefore often show reduced impulse control, higher risk-taking, and a stronger response to reward stimuli.

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Loot Boxes Are Difficult to Regulate

As already indicated, categorizing loot boxes under legal regulation is challenging. The legal assessment of loot boxes in Germany within the framework of gambling law is controversial. Responsibility lies with the individual federal states. In principle, the State Treaty on Gambling prohibits minors from participating in gambling. However, it is not yet definitively clarified whether loot boxes are considered gambling requiring a permit. Lawyers debate whether virtual winnings count as real winnings since they cannot be freely sold. Therefore, a blanket assessment of all loot boxes is hardly possible.

In parallel, regulations from youth protection and the European Digital Services Act (DSA) apply. Since 2023, loot boxes have been included in the age rating of games in Germany by the Entertainment Software Self-Regulation (USK), and can lead to higher age ratings.

Also interesting: YouTuber loses thousands of euros with FIFA loot boxes

If a game is an online platform covered by the DSA, providers are required to take measures to protect minors, such as age checks or restrictions on access to such mechanisms. EU guidelines are intended to protect children and adolescents from loot boxes. Further rules at the European level are possibly in preparation with the planned Digital Fairness Act (DFA).

Where Parents Can Find Help

Since there will never be one hundred percent protection, parents should inform themselves and talk openly with their children about mechanisms like loot boxes. The BzKJ cooperates, for example, with the media literacy initiative klicksafe. “Here, children and adolescents can test their knowledge about in-game purchases and loot boxes in a playful way,” refers BzKJ press officer Esther Schöttke to a quiz.

Additional tips:

  • When choosing games, look for those without loot boxes. Assistance is available on this website (in English).
  • If games with loot boxes are used, parents should agree on a fixed budget with their children. Be sure to leave enough allowance for other things.
  • Children should not encourage each other to buy loot boxes or tease others who choose not to. Here, parents can make a valuable contribution by discussing with their children and highlighting good behavior.

Additional information on digital games can be found by parents in the Spieleratgeber NRW. To set up children’s devices safely, parents can find assistance on the ” Medien kindersicher” website.

This article is a machine translation of the original German version of TECHBOOK and has been reviewed for accuracy and quality by a native speaker. For feedback, please contact us at info@techbook.de.

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