ESports e Gaming Competitivo nell'era dell'IA: regime giuridico,tutela dei dati e responsabilità alla luce della normativa italiana e internazionale

Abstract

This work examines, from a systematic and comparative perspective, the phenomenon of eSports – professional video game competitions – analyzing civil, labor, and criminal law aspects, with particular attention to the protection of minors and practitioners, as well as the implications arising from the use of artificial intelligence and from personal data protection rules. On the civil-law level, the video game is qualified as a complex work of authorship within the meaning of the Copyright Law and Directive (EU) 2019/790, in which software, artistic, and narrative components coexist. The analysis addresses end-user license agreements (EULAs), the disposition of virtual assets, and competitive licenses, highlighting how the absence of a unified regulatory framework generates uncertainty regarding economic rights, intellectual property, and freedom of contract. From a labor-law perspective, the continuing fragmentation of the Italian system is evident: only certain video game disciplines fall within the scope of Legislative Decree 36/2021, while most players operate outside the recognized sports legal order. The analysis considers the recent recognition of the Italian eSports Federation (FIES) as a "meritorious association" of CONI (2024) and the most relevant legislative proposals – Bills No. 3626/2022 and No. 970/2023 – which aim to define the legal status of the eSports player, the regulation of employment relationships, and social security protections, with specific attention to the protection of minors and practitioners within academies and amateur circuits. In criminal law, the paper investigates unlawful conduct typical of the sector: cognitive doping, match-fixing, computer fraud, cheating software, skin betting, and money laundering through virtual currencies. Particular emphasis is placed on the risks of grooming and the exploitation of minors, the protection of players' mental health, and the use of artificial intelligence as a tool for monitoring and preventing fraudulent behavior, with reference to the new Regulation (EU) 2024/1689 (AI Act). The work also explores the protection of personal data in the competitive and educational context of eSports, in light of Regulation (EU) 2016/679 (GDPR), Legislative Decree 196/2003 as amended, the Digital Services Act (Reg. EU 2022/2065), and specific Italian provisions on the digital consent of minors. In conclusion, the paper identifies three fundamental lines of development for eSports law: the establishment of an autonomous legal framework capable of recognizing the specificity of the phenomenon compared to traditional sport; international harmonization of contracts and labor protections, with particular regard to minors, practitioners, and hybrid roles in the sector; the definition of techno-legal protocols and responsible artificial intelligence, aimed at preventing unlawful conduct, safeguarding personal data, and protecting the psycho-physical health of players. The approaching eSports Olympics scheduled for 2027 in Riyadh represents a moment of historical and legal transition, in which the legislator is called upon to combine technological innovation, legal certainty, and protection of the person, striking a new balance between sport, ethics, and digital society.