Berkley Egenes: Navigating regulation in a player-anywhere world

Berkley Egenes: Navigating regulation in a player-anywhere world image
By Nicole Lumley 16 September 2026

As gaming becomes increasingly global, cross-platform and cloud distribution are creating new opportunities for developers but also a more complex regulatory landscape. From payments and data privacy to regional platform policies and age verification, launching globally is no longer as simple as shipping a game worldwide.

In this interview, we explore how studios can navigate this growing complexity, what “compliance by design” means for modern game monetization, and the role commerce infrastructure can play in helping developers scale across markets. We also look ahead to what a truly player-first, globally compliant game economy could look like.

  • How do you see evolving platform policies and regional regulations reshaping what “global launch” actually means for developers today?

“Global launch” is becoming less of a single moment and more of a staggered compliance rollout. Platform policies now effectively define distribution eligibility region by region, especially around payments, external links, and age-rated monetization. That means a game can be technically ready globally but commercially fragmented at launch.

On the regulatory side, frameworks like the European Union’s Digital Markets Act or the emerging digital fairness laws force early decisions on data architecture, pricing, and consent flows before launch - not after.

The result is a shift from “ship once, scale everywhere” to “launch per compliance cluster.” Developers now design regional variants of monetization, identity, and even feature availability. Global success is still possible, but it’s increasingly earned through regulatory choreography, not just marketing scale.

  • Where are studios most commonly underestimating regulatory complexity when expanding into new markets or cloud-based distribution models?

Studios most often underestimate regulatory complexity in three areas: payments, data handling, and “platform adjacency” rules.

First, payments look simple but fragment fast. Expand into new markets, meaning dealing with localized tax regimes, chargeback rules, and alternative rails that don’t behave like card networks. What works in North America often breaks in LATAM, MENA, or parts of Southeast Asia without re-engineering the checkout stack.

Second, data compliance is usually treated as a checkbox for laws like the EU’s GDPR, but in practice, it governs everything from telemetry design to how long identity-linked gameplay data can be stored or transferred across regions.

Third, cloud distribution and DTC expansion collide with platform policies from companies like Apple and Google, where linking, external purchases, and entitlement reconciliation differ by jurisdiction and OS version.

The common failure point is assuming digital distribution equals uniform rules. In reality, every new market adds a new compliance stack that functions like product infrastructure rather than legal overhead.

  • What role can commerce infrastructure providers like Xsolla play in helping developers stay compliant without slowing down iteration and live operations?

Commerce infrastructure providers like Xsolla abstract away the most painful parts of regulatory complexity, tax calculation, payment method compliance, fraud prevention, data privacy requirements, and regional licensing so developers can focus entirely on their product. Instead of pausing live operations to research jurisdiction-specific rules or to rebuild payment flows for new markets, teams rely on the provider to keep everything up to date automatically.

When regulations change, the infrastructure updates; when a new market opens, the tooling is already there. This separation of concerns means faster iteration, fewer compliance bottlenecks, and the confidence to run global live operations without a dedicated legal-engineering team.

  • With player data flowing across devices, platforms, and regions, what does “compliance by design” look like in modern game monetization systems?

Compliance by design in modern game monetization means building privacy, consent, and regulatory requirements into the architecture from the start, not patching them in later.

In practice, it looks like:

  • Data minimization at collection - only capturing what's necessary for the transaction or experience
  • Consent flows built into onboarding - GDPR, COPPA, and regional equivalents are handled before data is ever stored
  • Jurisdiction-aware routing - player data is processed and stored in the correct region automatically, based on location
  • Tokenized payment data - no raw card or wallet data touching the game's own infrastructure
  • Audit trails by default - every transaction and consent event logged for regulatory review
  • Age verification integrated into purchase flows - not bolted on as an afterthought

For live games specifically, it also means compliance that scales with the game, as player counts grow or new regions launch, the system doesn't require manual re-architecture to stay legal.

The real shift is treating compliance as a platform capability, not a legal checklist. When the commerce infrastructure provider owns this layer, developers inherit compliant-by-default behavior across every market they enter.

  • Do you think we’re moving toward a more fragmented digital distribution landscape, or will compliance pressures ultimately drive more standardization?

Both forces are real, and they're pulling simultaneously, which makes this genuinely hard to call.

The fragmentation case is strong. Regulatory divergence is accelerating. The EU, US states, China, South Korea, and Brazil are each developing distinct rules around data residency, payment processing, loot box disclosure, and platform fees. Apple and Google face antitrust pressure that may force them to open their distribution models, inviting more competing storefronts. Regional app stores and payment mandates in markets like India and Russia further splinter the market. Developers increasingly maintain multiple distribution paths, each with different rules.

But compliance pressure also creates incentives for consolidation. Managing fragmentation is expensive. Most studios, especially independent ones, can't build and maintain separate compliance stacks for every jurisdiction. That cost pushes them toward infrastructure providers who already handle the complexity at scale. In that sense, fragmentation at the regulatory level may paradoxically drive standardization at the tooling level, where a small number of commerce platforms become the de facto compliance layer for the industry.

The most likely outcome isn't one or the other; it's layered. Distribution itself fragments further, with more storefronts, more regional mandates, more platform-specific rules. But beneath that, a standardized infrastructure layer emerges, with providers like Xsolla acting as translators between a chaotic regulatory environment and the developers who just need to ship games. Fragmentation on top, standardization underneath.

The developers who thrive will be those who stop treating compliance as something they own and start treating it as something they subscribe to.

Closing / forward-looking

  • If you look five years ahead, what does a “fully compliant, player-first global game economy” look like in practice?

Five years out, the most successful game economies won't be the ones that achieved compliance; they'll be the ones that made compliance invisible to players and effortless for developers.

Here's what that looks like in practice:

For the player:

  • They open a game anywhere in the world, and the purchase experience feels native - local currency, preferred payment method, familiar consent language, no friction
  • Pricing reflects genuine regional purchasing power, not just currency conversion
  • Loot box odds, spending summaries, and data usage are surfaced proactively, not buried - because transparency becomes a trust signal, not a legal obligation
  • Minors are protected automatically, without breaking the experience for adult players
  • Refunds, disputes, and data deletion requests are resolved in minutes, not weeks

For the developer:

  • Compliance state is a dashboard metric, not a legal team deliverable
  • Launching in a new market is a configuration decision, not a six-month project
  • Regulatory changes propagate through the infrastructure layer automatically
  • Tax, fraud, chargebacks, and data residency are fully delegated to the commerce infrastructure

For the industry:

  • A de facto global standard emerges - not through legislation, but through dominant infrastructure platforms setting the baseline
  • Player trust in digital purchases reaches parity with physical retail
  • Monetization design shifts further toward value exchange subscriptions, cosmetics, and genuine service as exploitative mechanics face both regulatory and reputational pressure

The defining characteristic of this future economy isn't just that it's compliant; it's that being player-first and being compliant become the same thing. The regulatory floor and the ethical ceiling converge.

That convergence is already starting. Five years from now, it will become the baseline expectation.

  • What’s one misconception studios still have about scaling monetization globally in a regulated, cross-platform world?

The biggest misconception is that global monetization is a distribution problem when it's actually an infrastructure problem.

Most studios think scaling globally means getting their game onto more platforms, storefronts, regions, app stores, and more payment methods. So they focus on distribution reach and assume the commercial machinery will follow.

It won't.

What actually breaks at scale isn't discovery or availability - it's everything underneath. Tax calculation across 100+ jurisdictions. Payment method logic that varies not just by country but by transaction type. Currency conversion that needs to reflect real purchasing power, not just exchange rates. Consent flows differ between a 14-year-old in Germany and a 30-year-old in Brazil. Data residency requirements that conflict across regions. Refund policies are mandated by law in some markets and are discretionary in others.

Studios routinely underestimate this because in their home market, most of it was handled invisibly, by the platform, by their payment processor, by the relative simplicity of operating in one jurisdiction.

The misconception runs deeper, too. Many studios believe they can build this themselves as they grow, incrementally adding compliance requirements to an existing commerce stack. In reality, retrofitting compliance into monetization architecture is significantly harder and more expensive than inheriting it from infrastructure designed around it from the start.

The studios that successfully scale monetization don't outdistribute their competitors. They out-infrastructure them, choosing commerce platforms that treat compliance, localization, and payment complexity as core capabilities, not add-ons.

Reach gets you into markets. Infrastructure keeps you there.

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