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Question European DSA

Discussion in 'General Discussion' started by VentaGames, Mar 20, 2024.

  1. VentaGames

    VentaGames

    Joined:
    Jul 9, 2021
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    163
    Hi there,
    I'm a bit stuck, according to the new EU's DSA, I need to choose whether i'm a trader or not.

    Here is the definition who is a trader:

    The DSA defines a trader as “any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession.” If you have questions about your status as a trader, consult with your legal advisor.

    I still doubt it.
    Can someone answer if i'm a trader?
    I'm an individual, who makes games and sells them over AppStore/GooglePlay.
    I'm not selling anything else that does not belong to me.

    Thanks in advance.
     
    DungDajHjep likes this.
  2. Mauri

    Mauri

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    Dec 9, 2010
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    2,666
    I think that's the important part here. Seeking legal advice online is... not really a great idea.
    .
     
    angrypenguin likes this.
  3. VentaGames

    VentaGames

    Joined:
    Jul 9, 2021
    Posts:
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    But i don't have "my legal advisor".
    I saw, that some people already taking their games off the EU market because of that since you have to publish your home address including your phone number. May be it's ok for companies, but not ok for individuals.
     
  4. Murgilod

    Murgilod

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    Nov 12, 2013
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    10,270
    So get one.
     
  5. andyz

    andyz

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    Oh great EU law hurting the little guy again! And even with the UK having left I think app stores apply the same requirements here.
    In any case this is what PO boxes (in UK) or virtual offices are for, even bigger companies use them. It may be a simple box ticking exercise, but sounds like anyone selling on app stores will need an address, tel. & email to show
     
  6. CodeSmile

    CodeSmile

    Joined:
    Apr 10, 2014
    Posts:
    6,580
    Maybe it's because I've read too many legal texts in my lifetime, but to me it's pretty clear scrolling through the entire article: https://www.dlapiper.com/en/insight...3/whos-who-under-the-dma-dsa-dga-and-data-act

    Specifically this table leaves no doubt:
    APPLIES TO:
    • Providers of intermediary services including online platforms
    • Indirectly: traders on online platforms

    A trader on online platforms ... well, that's everyone who publishes apps on stores, and the intermediaries are Apple, Google, Steam, etc.

    Unity also has some "legal advice" (FAQ) on that topic:
    https://unity.com/legal/digital-services-act

    They also mention DSA compliance requirements on every other Unity Gaming Services documentation page. They also have a notifiation system available but I can't say whether this is only for UGS or also usable in general.
     
    DragonCoder likes this.
  7. DragonCoder

    DragonCoder

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    1,743
    This is not legal advice, but yes, you are definitely a trader. You sell a "ware". It doesn't matter that it's software.

    Nah, the DSA is aimed at large companies.
    Pretty much all countries including the manifestation of freedom aka USA requires you to be aware of your status of being a trader because you need a license and that also entails having an address.

    Did you know that in Germany you need that even when you just wanna host a website? :D ( Impressumspflicht )
     
  8. Ukounu

    Ukounu

    Joined:
    Nov 2, 2019
    Posts:
    209
    To clarify why this became an issue: when you log into your appstoreconnect account, there is now a new popup telling you this:

    "To submit new apps to the App Store, you need to let us know whether or not you’re a trader. The Digital Services Act in the EU requires Apple to verify and display trader contact information for all traders distributing apps on the App Store in the EU."

    If you choose to identify as a trader, you will be required to upload legal documents confirming your identity, and your name/phone/home address will be published on the App Store for everyone to see.

    I did some googling, and in other gamedev communities nobody knows anything for sure, people just make guesses. Because the App Store defined this new requirement to be extremely vague and open to interpretation (maybe intentionally?)

    The way it works now: many indie developers with commercial apps (ads or IAP) have identified as "non-traders" on the App Store already, and it seems Apple is perfectly fine with that. Everybody can easily confirm that by checking a few random new apps (any "top 100" ranking, for instance) using one of EU versions of the App Store.

    That is, for the time being, Apple does allow you to identify as "non-trader" and publish commercial apps in EU. No guarantee that it won't cause you any problems in the future, of course.
     
    Last edited: Mar 22, 2024
    marcoantap likes this.
  9. DragonCoder

    DragonCoder

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    Very weird...
     
  10. Murgilod

    Murgilod

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    Because if there's any company you should trust to follow EU regulations, it's Apple.
     
    marcoantap, Ryiah and Lurking-Ninja like this.
  11. Ryiah

    Ryiah

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    21,525
    Your home address? Or your business address and it just happens to be the home address for some people?
     
  12. ippdev

    ippdev

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    3,853
    I do no trading. I sell. Eff a bunch of bureaucrats. Two can play word games if you know UCC. A person is a legally made up entity. I am a Man. Not a human being nor monster as descriptive of a human being/human resource as per Black's Law dictionary. My work product is of the sweat of my brow and not a skim from a trade of stocks, real estate or other security. I am a producer, not a trader.
     
  13. Ukounu

    Ukounu

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    Nov 2, 2019
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    If you have some kind of officially registered business, it will be your business address/phone. Otherwise it will be your home address/personal phone.
     
    DragonCoder likes this.