Bulgaria Given Until October 28 to Explain Gambling Ad Rules

The Commission’s request, TRIS/(2026) 2909, concerns Bulgaria’s draft amendments to the Gambling Act, registered under notification 2026/0536/BG on October 2. The proposal would prohibit nearly all gambling advertising and end the activities of licensed gambling affiliates.

7 Questions Cover Two Areas of EU Law

The Commission’s questions fall into two groups:

• E-Commerce Directive – whether the restrictions cover online services established elsewhere in the EU, which providers would be affected, and how the proposed obligations fit EU rules on cross-border services;
• Digital Services Act (DSA) – what obligations Bulgaria intends to impose on online intermediaries, how compliance would be monitored, and which penalties could apply.

One issue is the distinction between a company actively promoting gambling and a platform carrying advertising from another business.

The Commission also refers to the 2023 Court of Justice ruling in Google Ireland and Others (C-376/22). That case concerned Austrian legislation imposing general obligations on communication platforms, including providers established in Ireland.

The Court found that the E-Commerce Directive’s exception for restrictions on individual services could not justify general and abstract obligations applying to an entire category of providers.

A 2026 Google Ruling Adds Another Distinction

A separate Court of Justice judgment from July 16, 2026, provides further context. In case C-421/24, AGCOM v Google Ireland, the Court examined gambling promotions published on YouTube.

It distinguished between two activities. Online gambling advertising itself falls outside the E-Commerce Directive, while the hosting of videos containing such advertising remains within its scope.

The judgment also addressed platform liability where an operator had a revenue-sharing arrangement with a content creator and reviewed the creator’s channel.

This distinction matters for Bulgaria’s proposal. An affiliate publishing casino promotions and a foreign platform hosting third-party content do not necessarily have the same responsibilities under EU law.

Neither judgment determines whether Bulgaria’s draft ban is lawful.

Affiliate Licences Could Still End January 1

The proposed changes would also dismantle Bulgaria’s recently introduced gambling affiliate licensing system. As 15M reported on September 27, the country began regulating affiliates on August 1, 2026. The latest amendments would terminate their licences from January 1, 2027, if adopted unchanged.

The October request goes beyond the affiliate regime. It raises questions about advertising networks, hosting providers and other intermediaries that may operate outside Bulgaria while serving its users.

October 28 Response Deadline

The Commission has requested Bulgaria’s explanations by October 28, 2026. The TRIS notification identifies the draft as containing fiscal measures and lists the end of the standstill period as not applicable. The request for supplementary information does not amount to a rejection of the bill or an automatic suspension of the legislative process.

What remains unresolved is how Bulgaria intends to enforce its restrictions against digital businesses established in other member states, particularly where those businesses host advertising rather than create it.