Loot Boxes and Gacha Mechanics: What the EU's Digital Fairness Act Could Mean for Creators Who Promote Them

Short answer: loot boxes aren't automatically gambling — but the EU wants to regulate them alongside influencer marketing

Spillemyndigheden (the Danish Gambling Authority) assesses loot boxes case by case, based on whether the reward a player wins can be converted into money — they're not automatically covered by the Danish Gambling Act the way licensed gambling for money is. At the same time, a Danish survey by UNICEF Denmark and Center for Digital Pædagogik (May 2026) found that 52% of 1,785 surveyed children and young people (aged 11-16) had spent money on loot boxes, and the European Parliament has explicitly called for loot boxes and gacha mechanics to be addressed alongside influencer marketing under the forthcoming Digital Fairness Act. The law doesn't exist in draft form yet — but a creator promoting a game with loot boxes or gacha mechanics today is already covered by the ordinary ad-disclosure duty and, if the audience skews young, Section 11's rules on marketing to children.

This is practical guidance from Make Influence, not legal advice. The rules in this area are actively developing in both Denmark and the EU — always check Spillemyndigheden's own pages and the Digital Fairness Act's current status before locking in a campaign.

What are loot boxes, and what are gacha mechanics?

A loot box is a digital "chest" in a game that the player pays for — with real money, or with in-game currency bought with real money — for a chance at randomised content. That content is typically cosmetic (weapon or character "skins"), but can also be a rare or powerful item. The defining feature is that the player pays before knowing what they'll get.

Gacha is structurally the same mechanic — pay for a randomised "pull" with a chance at a rare reward — but the term comes from Japanese "gashapon" capsule-toy vending machines and is used mainly for games in the gacha genre, especially popular mobile games, where players "pull" for a chance at a rare character or item. In practice the difference is mostly linguistic and genre-driven: "loot box" is the broader term used across console, PC and mobile games, while "gacha" is the common word for the same mechanic specifically in the mobile-game genre. Neither term has been covered by any other Academy article until now — which makes this a genuinely new resource, not a repeat of Academy's existing article on Denmark's gambling advertising reform, which covers an entirely different category: betting and casino products from a licensed operator.

Are loot boxes gambling under Danish law? Spillemyndigheden's actual test

Per Spillemyndigheden's own pages on skin betting and loot boxes, three criteria must all be met for something to fall under the Danish Gambling Act and therefore require a Danish gambling licence:

Spillemyndigheden states plainly: "It is not possible to make a general assessment of whether items obtained from loot boxes have economic value. Therefore, it must be assessed on a case-by-case basis whether loot boxes fall under the Gambling Act." That's the central point: there's no blanket Danish rule that loot boxes are gambling. It depends on the individual game.

By comparison, so-called "skin betting" — where the stake is an item from a game like CS:GO — is covered by the Gambling Act, because those items can be resold on third-party marketplaces and thereby converted into money. Most ordinary loot boxes that only award cosmetic items with no resale market fall outside the Gambling Act under this test. A game whose loot box contents can be resold on a marketplace, on the other hand, can shift to the other side of that line — it's the specific game's setup, not the "loot box" mechanic itself, that decides whether the Gambling Act's rules apply.

The Danish evidence: how many children actually spend money on loot boxes?

UNICEF Denmark and Center for Digital Pædagogik published a report on 6 May 2026 based on a survey of 1,785 children and young people aged 11-16 from across Denmark, with data collected in December 2025. The finding: 52% had spent money on loot boxes, and 34% felt an urge to buy another loot box immediately after opening one. Susanne Dahl of UNICEF Denmark said of the findings: "Gaming should not be characterized by mechanisms that pressure children to stay longer, click more, and purchase repeatedly, but by play, community, and positive experiences. When we so clearly see that loot boxes and other addictive functions have become a major part of children's digital lives, we need clear rules that prioritize children's rights and well-being."

It's important to keep the two things separate: the survey is a consumption and wellbeing measure, not a legal ruling. It doesn't change Spillemyndigheden's case-by-case assessment above — but it's the direct backdrop for why loot boxes are now politically live in both Denmark and the EU.

What the European Parliament and the Digital Fairness Act would change

The European Parliament's Internal Market and Consumer Protection Committee adopted a report in October 2025 on the protection of minors online, in which members express concern over major platforms' failure to protect children adequately and support tackling "persuasive technologies" — targeted ads, influencer marketing, addictive design, loot boxes and dark patterns — together under the forthcoming Digital Fairness Act. Per the European Parliament's own coverage of the report, MEPs specifically called for loot boxes and other randomised gaming features to be outlawed when they provoke gambling-like behaviour in children.

It's essential to be precise about where this sits in the process: this is a stated political position from the European Parliament, not adopted law. As of writing, the Digital Fairness Act is still only a proposal under preparation at the European Commission, which per the Commission's own work programme is expected to be tabled during 2026. See the EU Digital Fairness Act: what a proposed law could mean for influencer marketing disclosure for the full timeline and status — that article covers the law generally; this article covers specifically what the initiative could mean for games with loot boxes and gacha mechanics.

This article vs. Denmark's gambling reform: two separate rulebooks

What does this mean for a creator promoting a game with loot boxes today?

Three things already apply now, regardless of whether the specific game falls under the Gambling Act:

• The disclosure duty applies in full. If the creator receives payment, free in-game currency, early access or another benefit for showing the game or opening loot boxes on camera, the post must be marked as an ad under the ordinary rules — see influencer marketing disclosure rules in Denmark and the EU.
• Section 11's children's rules can be triggered by the audience, not the mechanic. Loot box and gacha games often have a young player base. If a "not insignificant share" of the creator's followers are under 18, the same rules apply as for any other product — see marketing to children and teenagers through influencers for the full Section 11 framework, including the low 12% threshold that was enough in one real case.
• There is no specific ban on promoting loot box games today. Neither Danish law nor EU law prohibits it generally — but both the Danish UNICEF/CDP report and the European Parliament's own statements point toward tightening, not loosening.

Decision framework

IF the game primarily has a young player base (e.g. a mobile game popular among 11-16-year-olds) → treat the campaign as aimed at children and young people, and apply Section 11's rules in full, regardless of whether the loot box mechanic itself is covered by the Gambling Act.

IF the creator receives payment, free in-game currency or anything else in exchange for showcasing the game or opening loot boxes → mark the post as an ad under the ordinary rules, regardless of whether the loot box itself falls under the Gambling Act.

IF the game's loot box contents can be resold on a third-party marketplace → be aware this can bring the game within the Gambling Act's definition, meaning Spillemyndigheden's gambling-marketing rules may apply on top of the ordinary disclosure duty.

IF you're planning a longer-term partnership → watch the Digital Fairness Act's status through 2026, because loot boxes are explicitly named by the European Parliament as a topic the forthcoming law is meant to address.

Hypothetical example: when does the follower base trigger Section 11?

The figures in this example are made up and used purely to illustrate how the threshold works in practice — they are not numbers from a real campaign. A brand partners with a gaming creator to promote a mobile game with gacha mechanics. The creator has 80,000 followers across YouTube and TikTok. A sample of the follower demographics shows that 15% of followers are under 18. Because 15% exceeds the 12% under-age-follower threshold that was enough to trigger Section 11 in a real, prior case (see the children's-marketing article above), the campaign should be treated as aimed at children and young people — even though neither the game nor the loot box mechanic itself is banned. In practice that means: no purchase-pressuring language, no hidden advertising, and a brief that explicitly addresses Section 11's requirements before the campaign goes live.

Common mistakes

• Assuming loot boxes are automatically legal because they're rarely covered by the Gambling Act. It's a case-by-case assessment, not a blanket clearance — and it can flip if the game's items can be resold.
• Believing the Digital Fairness Act already regulates loot boxes. It's still only a proposal with no legal text.
• Forgetting the disclosure duty because the focus is on whether the game is "gambling". Ad disclosure applies regardless of the specific game's Gambling Act status.
• Looking at the game's own age rating instead of the follower base's actual age mix. It's the latter that decides whether Section 11 applies.

Make Influence's perspective

In our experience, the practical risk in loot box and gacha campaigns is rarely the mechanic itself — it's the assumption that because something "isn't gambling", there are no rules to consider. That's wrong on two counts: the disclosure duty applies regardless, and Section 11's children's rules depend on the follower base's age, not the game's category. We recommend treating any collaboration around a loot box or gacha game with the same care around follower demographics we already recommend for alcohol and gambling campaigns — not because the law requires it today, but because both the Danish evidence and the EU's own statements point to this being where the tightening lands first.

FAQ

Are loot boxes the same as gambling in Denmark?

Not automatically. Spillemyndigheden assesses it case by case, based on whether the item won can be converted into money. Most loot boxes with purely cosmetic content and no resale market fall outside the Gambling Act.

Does Spilpakke 1's reform cover loot boxes?

No. Spilpakke 1 and bill L 127 cover licensed gambling for money — betting and casino — from an operator with or without a Danish licence. Loot boxes are a separate question that only falls under the Gambling Act if the specific loot box meets the three criteria described above.

Do I need to mark a post about a loot box game as an ad?

Yes, if there's a commercial benefit involved — payment, free in-game currency or similar. That follows the ordinary ad-disclosure duty, regardless of whether the game itself is covered by the Gambling Act.

When do Section 11's children's rules apply to a loot box game?

When a "not insignificant share" of the creator's followers are under 18, or the platform/game itself has a young user base — the same threshold as for any other product.

Is the Digital Fairness Act already law?

No. It's still only a proposal under preparation at the European Commission, expected to be tabled during 2026. See the EU Digital Fairness Act for the full status.

Has Denmark banned loot boxes?

No, there's no general ban. It's only the individual game's setup that decides whether the Gambling Act applies to it.

What's the difference between a loot box and a gacha mechanic?

Structurally, it's the same mechanic — pay for a randomised reward. "Gacha" is the common term specifically in the mobile-game genre, while "loot box" is the broader term used across console, PC and mobile games.

Sources and further reading

This article is built on UNICEF Denmark's and Center for Digital Pædagogik's report (published 6 May 2026), Spillemyndigheden's own pages on skin betting and loot boxes, the European Parliament's press coverage of the Internal Market and Consumer Protection Committee's report (October 2025), and the European Commission's own page on the Digital Fairness Act initiative. See Denmark's gambling advertising reform for the rules on licensed gambling for money, influencer marketing disclosure rules for the ordinary ad-disclosure duty, marketing to children and teenagers through influencers for the Section 11 framework, and the EU Digital Fairness Act for the law's full history and timeline.