Children's expenses on in-app purchases often not borne by parents, raising questions about parental responsibility.
In the digital age, children and parents alike are enjoying the numerous games and apps available on mobile devices. However, it's essential to be mindful of the financial implications, particularly when it comes to in-app purchases.
Parents should be vigilant about their children's in-game spending. Unauthorized purchases can quickly accumulate, leading to unexpected financial burden. To prevent this, parents are advised to monitor their children's access to apps and games, ensuring they do not make purchases without explicit consent.
In Germany, parents are legally responsible for in-app purchases made by their children, especially when children are under 18 years old. Children under the age of 7 are considered legally incompetent, and those aged 7 to 18 require parental consent for contracts, including in-app purchases.
The so-called "pocket money clause" (§ 110 BGB) allows minors to enter valid contracts only if they pay with money given to them for their free disposal by their parents and if the amount is reasonable. However, this clause does not apply to disproportionally expensive purchases or subscriptions. Thus, when children make costly in-app purchases or subscribe to services without clear parental consent, parents may not be automatically bound by these contracts.
If unauthorized or excessive charges appear, parents are advised to promptly lodge an objection and seek reversal of these charges. Consumer protection laws and EU regulations support undoing unauthorized purchases made by minors without proper consent.
To secure in-app purchases, parents can set a password or disable them in the respective app store. Game developers and app stores in Germany are required to implement robust parental control mechanisms and clear price transparency to prevent unauthorized spending by children. This includes mandatory age verification and parental consent systems before purchases, as well as spending limits and notifications.
In summary, children under 7 cannot legally bind parents to contracts; parental consent is essential. For minors 7–18, purchases paid from a reasonable allowance may be valid, but expensive or subscription purchases require explicit parental consent. Parents can challenge unauthorized or excessive in-app purchases. German and EU laws require game apps to have clear pricing, age verification, and parental controls.
Parents are encouraged to use prepaid cards from app stores to better control expenses. Avoid using automatic billing via the phone bill (so-called "carrier billing") for in-app purchases. If a child uses their parents' access or credit card data for an in-app purchase, parents must prove they did not make the purchase themselves.
Free-to-play games like Fortnite, Brawl Stars, and Clash of Clans encourage spending money through in-app purchases. To protect against unexpected financial liability, parents should regularly review their children's app spending and ensure they have the necessary controls in place.
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