Protecting Metaverse users: Europe as a pioneer?

Metaverse, a fusion of virtual spaces and augmented reality, seems to be the new Pandora's box of our time. How should the sale and purchase of immaterial objects be regulated? How can we punish crimes that are already frequent in the real world (harassment, theft, etc.) in a world made up of avatars? In what way can NFTs constitute an infringement of intellectual property? Many are the questions raised by this ever-expanding digital technology.

Given these still uncertain issues, Europe is taking the lead with its Digital Market Act and Digital Services Act (DMA-DSA), which should come into force in 2023. Europe has already shown its concern for digital issues with the General Data Protection Regulation (GDPR). Promulgated in 2018, it established a very strict framework for the use of personal data, allowing users to consent to their collection as well as request their deletion. The Metaverse represents a risk of an excessive increase in the volume of personal data held by platforms, starting with the biometric data used to create avatars. The DSA and the DMA intend to contribute to making the Internet a safer place for users, by fighting respectively against the abuse of dominant positions by GAFAM and the presence of illegal products online.

The starting point for both criminal law and data protection is that what is illegal in the physical world will also be illegal online. But the characterisation of an infraction or crime committed by and on an avatar is still a source of controversy. Who is responsible when users commit reprehensible acts, such as distributing illegal content or violating the privacy of others? The metaverse offers considerable economic opportunities, with virtual markets where users can buy, sell and trade virtual goods. This raises questions about the regulation of economic transactions.

Property rights, particularly intellectual property rights, could also be challenged. Copyright issues arise when users create content inspired by pre-existing works. For example, NFTs are certificates of authenticity for digital goods, not intrinsic digital or physical goods. They are the subject of speculative movements, explained by a scarcity created out of thin air. NFTs also raise the legitimate question of addictive everyday psychological behaviours, such as compulsive buying, which can be multiplied tenfold. So should we integrate any market into the virtual space, or should we confine ourselves to exploiting the opportunities it offers to develop creativity and productivity?

Therefore, the arrival of Metaverse is not facing the problem of a legal vacuum.The foundations already exist, but the new challenges raised by this new space require careful consideration. The European Union is taking the position of large companies very seriously when it comes to protecting individuals' personal data. These efforts must continue, while taking greater account of the social and environmental impact of this new virtual world.

Hippolyte Doussière