With increasing popularity and professionalization, eSports has conquered new markets. The eSports market encompasses competitive video gaming, in which professional players or teams compete against each other in various multiplayer video games. These competitions, which are held in the disciplines of sports simulations, real-time strategy games, or first-person shooters, are often organized into leagues, tournaments, and events, attracting both online and offline audiences. In a short time, eSports has developed into a global economic sector with enormous revenue growth. The market volume in the eSports market is expected to continue growing into the billions over the next few years; Global Market Insights even projects a market size of up to USD 10 billion by 2032. 

Unlike traditional sports, eSports features significant structural differences and legal specificities, as eSports has developed globally and largely free of association-based legal structures. What has emerged is a complex system of legal relationships between game publishers, eSports tournament organizers, players, eSports organizations, and advertisers, which poses major challenges for the actors involved. These actors also include betting providers, which now account for the largest share of the eSports market. 

The developers or publishers of the video games used play a central role in the organizational and marketing structure. Unlike in classic sporting events, due to the intellectual property protection of their games, they hold an exclusive right to the “sports equipment” (game apparatus) required to practice the sport—which is often characteristic of the game—and to its set of rules. In addition, the independent organizer of an eSports competition occupies an important intermediary position vis-à-vis game publishers, participating teams, spectators, and downstream actors in the value chain (platforms, broadcasters, sponsors, etc.). In the absence of universally applicable regulations, it is their task to ensure a sportingly fair and undistorted course of play. Furthermore, before every competition, they must secure themselves contractually and be granted the necessary rights of use for the exploitation and marketing of the video games. Sponsors and advertisers can also be of significance for the structuring of legal relationships at all levels of the value chain. 

The media exploitation of an eSports event is comparable to that of classic sports. The legal position of the online organizer also arises from the so-called “virtual domiciliary right”. Further legal approaches to organizers’ rights can, if necessary, be derived from defensive claims under competition law or the right to an established and operating business (Recht am eingerichteten und ausgeübten Gewerbebetrieb). Trademark, naming, and image rights can also be of practical importance. 

In Germany, following tough political debates, eSports has been recognized as having non-profit status (gemeinnützig) under the umbrella of sports promotion since January 2026. As a result, eSports clubs benefit from tax advantages and have easier access to public funding. The connection to existing sports structures is also facilitated. 

The practical handbook “eSport und Recht” (eSports and Law), which we played a key role in shaping and which is edited by Prof. Frey, bundles all relevant legal issues in the field of eSports. Click here for the handbook. 

As a complex cross-cutting discipline, sports law demands profound expertise across a wide variety of legal fields. Our aspiration is to competently guide you in implementing your individual strategies in both analog and digital sports and – if necessary – to rigorously enforce your rights in court. Our advisory services encompass specific association law and issues of national and international arbitration, as well as club law, personality rights, copyright law, and general contract law.