Practical Legal Protections for Minors Using Online Games

In recent years, the protection of minors in transactions within online games has become increasingly important in the digital environment.
Particularly, the exercise of the right to rescind can pose a significant economic burden on operating companies due to the nature of digital content.
This article examines the legal regulations and practical responses to this issue.

Legal Effects and Practical Implications of Cancellation

When the right of cancellation is exercised, the legal act in question becomes retroactively void (Article 121 of the Japanese Civil Code (Minpō)).
In the case of transactions that have not yet been performed, the obligations of both the operating company and the minor are extinguished.
On the other hand, for transactions that have already been performed, the operating company is required to return the received payment, while the minor is only obligated to return within the scope of the existing benefits (as stipulated in the proviso of the same article).

For instance, if a minor purchases in-game benefits with a monthly subscription fee of 20,000 yen and has already used those benefits, the operating company must refund the paid 20,000 yen, but cannot claim the equivalent value of the used benefits.
To prevent such situations, appropriate legal measures are necessary.

Basic Framework of Legal Regulations

The Japanese Civil Code considers the immature judgment capacity of minors and establishes protective provisions for transactions. Specifically, it requires the consent of a legal representative for legal acts conducted by minors as a general rule (Article 5, Paragraph 1 of the Japanese Civil Code). If such consent is absent, the legal act can be revoked (Paragraph 2 of the same article). This is an important provision based on the legal intent of protecting minors.

This protective provision naturally applies to in-game purchase transactions made through smartphones and tablets. In other words, each purchase transaction requires the consent of a legal representative, and transactions conducted without such consent may be subject to cancellation.

Practical Guidelines for Implementation

Exceptions to the exercise of the right of cancellation are recognized when there is consent from a legal representative, and when a minor uses deception to make the other party mistakenly believe they are an adult (Japanese Civil Code, Article 21).
In light of this provision, it is essential for operating companies to establish systems for appropriate age verification and obtaining consent.

In terms of practical measures, when providing digital content, it is necessary to implement an age verification system for users and establish a mechanism to confirm the consent of a legal representative each time a transaction involving a minor is identified.
For instance, practical measures include implementing a system for registering birth dates for age verification and obtaining consent forms from legal representatives of minor users.

Additionally, for game content that is expected to be used by minors, it is worth considering additional protective measures such as setting a limit on billing amounts and providing usage statements to guardians.
Such preventive measures hold significant importance from the perspective of preventing future disputes.