New measures to monitor e-sport contained in the draft French law for a digital Republic

Key measures to be adopted

• No more general ban on e-sport competitions: The general ban on sweepstakes will no more apply to e-sport competitions involving competitors’ physical presence provided participation costs are lower than a fraction of the total organization cost including the total amount of the rewards at stake (the rate of the fraction and the maximum amount of the rewards will be set by Decree). Competitions will be subject to prior declaration.
  Regarding online competitions only, the draft law states that (i) they must not be subject to participation costs and that (ii) Internet access fees and the video game acquisition cost - if any - are not considered as a financial sacrifice.
• Protection of minors: Prior to taking part in an e-sport competition, minors shall request their legal representatives’ consent and legal representatives shall be informed on the competition’s financial stakes and on the video game subject of the competition.  Furthermore, minors’ earnings shall be consigned at a French financial organization called Caisse des Dépôts et Consignations.
• Employment contracts: competitors will be able to conclude a specific fixed term contract adapted to their activity. The term of the employment contract shall be of no less than one year and no more than five years.

Further changes to be expected

These measures were included in the draft law following an intermediary report on e-sport handed to the French government a few months ago.

Some of the proposals of the intermediary report are not contained in the draft law and will probably be developed in the final report that will be handed to the government in the coming months. These proposals notably relate to (i) the the broadcast of e-sport competitions, (ii) the structuring of the sector, (iii) the establishment of an appropriate visa policy for foreign e-sport competitors and (iv) the organization of international events.