Italy probes Activision Blizzard over ‘dark patterns’ in mobile games

Italy’s competition watchdog has launched two investigations into Activision Blizzard, now part of Microsoft, over potentially unlawful commercial practices in Call of Duty: Mobile and Diablo Immortal.

The probe focuses on alleged exploitative in-game systems that may manipulate players, especially minors, into spending money, while also raising serious concerns about default privacy settings and opaque data-collection practices.

The Autorità Garante della Concorrenza e del Mercato (AGCM) announced that the free-to-play games are under scrutiny for aggressive monetization models and deceptive interface design, commonly referred to as “dark patterns.” These are user interface choices that nudge or pressure users into taking actions they might not otherwise choose, such as making purchases or giving up privacy.

AGCM’s investigation centers on multiple aspects of the games’ design and business logic. First, it questions the repeated use of time-limited content, reward notifications, and push messages that encourage players to return frequently and make purchases to avoid “missing out,” a tactic often associated with behavioral conditioning. The games use virtual currencies that obscure the real-money cost of items, and sell these currencies only in fixed-amount bundles, which may lead users to overspend without clear awareness of the actual value or necessity of the purchases.

Activision Blizzard, now operating under Microsoft’s gaming division, is one of the largest game publishers globally, with Call of Duty: Mobile and Diablo Immortal serving as major revenue drivers through aggressive in-app monetization. Both titles are popular among younger audiences, a fact that AGCM sees as amplifying the potential harm of these monetization and engagement strategies.

Data privacy concerns

Another key area of concern is privacy. According to the AGCM, the games’ account registration processes may mislead users, minors included, into granting full consent for personal data processing and commercial profiling, under the false impression that doing so is necessary to proceed. The regulator is examining whether this consent is genuinely informed and freely given, especially under EU data protection laws.

Parental control defaults also came under fire. The Authority notes that the games pre-enable settings that allow unrestricted in-game purchases, unmonitored online interactions, and unlimited playtime, potentially without sufficient oversight from guardians. This, AGCM argues, could expose minors to financial and psychological risks.

The inquiry also extends to consumer rights issues. The AGCM alleges that users may unknowingly be forfeiting their right to withdraw and other contractual protections due to unclear terms. Furthermore, the games reportedly include clauses that allow unilateral account suspensions or bans without adequate justification or recourse, raising concerns about the potential loss of purchased digital content without due process or a refund.

If found in violation, Activision Blizzard could face fines and be forced to modify these practices to comply with EU consumer and privacy protection standards. As of writing, Activision Blizzard has not published an official announcement in response to Italy’s probe.