MEP Sibylle Berg (NI) has challenged the European Commission over its response to the European Citizens' Initiative 'Stop Destroying Videogames', warning that a voluntary industry code of conduct could set a dangerous precedent for all connected products. In a written parliamentary question on 10 July 2026, Berg asked whether the Commission sees the voluntary approach as a precedent for other sectors such as smart TVs, household appliances, and electric cars, and whether it can rule out manufacturers invoking that precedent. She also questioned the legal basis for countering such a move and highlighted an alleged imbalance: copyright law imposes binding obligations on consumers (e.g. against piracy) while rights holders face only non-binding performance obligations to keep sold works functional.
The question follows the Commission's response to the citizens' initiative, which gathered roughly 1.3 million valid signatures calling for binding rules to stop publishers deactivating purchased videogames. The Commission instead referred to a voluntary industry code of conduct to be developed by the end of 2026 and did not include binding requirements on the functioning of purchased digital products in the Digital Fairness Act. Berg's question seeks clarity on whether this marks a shift away from binding consumer protection toward voluntary commitments, potentially affecting millions of consumers and the broader digital goods market.
The Commission is expected to reply within approximately six weeks; its answer will signal whether it intends to maintain the voluntary approach or consider legislative measures. The question impacts four key stakeholder groups: EU consumers, who risk losing functionality of purchased digital and connected products; videogame publishers and other manufacturers of connected devices, who would face either voluntary or binding obligations; EU regulatory bodies, which must decide on the balance between market flexibility and consumer protection; and EU copyright holders, who benefit from strong enforcement against consumers but may resist binding performance duties.