What §§ 327ff. BGB regulate
With implementation of the EU Digital Content Directive 2019/770, §§ 327ff. BGB were reworked as of 1 January 2022. They govern consumer contracts on digital content and services - and explicitly reference items, in-game currencies, and cloud content.
Covered include: V-Bucks, Robux, RP, Steam wallet balances, skins, Battle Passes, Game Passes, streaming libraries, and cloud save data. Once money or personal data flows for delivery, protection applies.
The central rule is § 327r BGB: on contract termination, the consumer has a claim to handover or value compensation for digital content. That's the decisive lever for platform suspensions.
Value compensation: what does that mean concretely?
Value compensation does not necessarily mean 'purchase price back'. The BGB compensates at current value - i.e., market price at the time of loss. For rare CS2 skins or Roblox Limiteds, the market price often greatly exceeds the original purchase price.
Practically: a skin bought for €5 can trigger €30 or €200 in value compensation - depending on market value. That isn't a bonus, it's the correct application of § 327r BGB.
Documentation matters: secure inventory screenshots, purchase date, Steam market prices, Roblox Limited charts. The better the original holdings are documented, the higher the enforceable value compensation.
Voidability of minors' purchases
A special case that frequently arises: minors' purchases without parental consent. Under § 110 BGB ('pocket-money rule') they are voidable - only effective if parents consent. If they don't, recovery is possible.
This applies regardless of amount: a single V-Bucks purchase for €99 is voidable without parental consent. Parents can claim back under § 812 BGB - from the platform, not the child.
Critically: if the platform bans because of that (typical after parental chargeback), the ban itself is unlawful - the recovery claim is based in statute, not a contractual breach by child or parents.
Limits of protection
§ 327 BGB protection only covers consumer contracts. In B2B (e.g. marketing accounts, commercial streaming setups, trading accounts) it doesn't apply directly - there the P2B Regulation and general contract law are the levers.
Protection also applies only to contracts concluded after 1 January 2022. For contracts predating it the picture is more complex - but not hopeless: the old §§ 280, 311a BGB and the EU consumer rights directive still help.
In practice the B2C/B2B boundary is often blurred - a Twitch streamer with a few thousand subs is not necessarily an entrepreneur in law. We assess individually and use consumer or B2B levers depending on the case.
Author
Sophie Vogel
Partner · Rechtsanwaltskammer Berlin
Focus: GDPR & data protection, Consumer protection for digital services, Gaming law, Platform compliance.
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