EU Draft Would Extend Gambling Ad Bans to Influencers

The Commission wants to replace the 2005 Unfair Commercial Practices Directive with a directly applicable regulation. Its 72-page proposal addresses influencer marketing, digital spending and addictive features. It has not yet been adopted.

Gambling Is Named, but the Ban Has a Condition

Recital 55 identifies betting, lotteries and other gambling products as potentially unsuitable for consumers, particularly children. Article 11(4) sets a narrower rule: influencer marketing would be prohibited for products whose advertising is already banned under EU or national law.

The distinction leaves national gambling advertising rules relevant. The proposal does not introduce a blanket EU-wide ban on gambling promotions.

Article 11 also sets requirements for paid collaborations:

• Commercial posts must carry a clear "advertisement" or "commercial collaboration" label.
• Influencers must use the advertising disclosure tools provided by platforms covered by the Digital Services Act.
• Advertisers must ensure that influencers comply, through contracts or other appropriate measures.

That last requirement also concerns gambling operators commissioning campaigns.

National restrictions are already creating questions at EU level. In October, the Commission questioned Bulgaria’s proposed gambling advertising ban, including its effect on cross-border digital services.

Paid Loot Boxes Face Three Requirements

Article 15 deals with paid random-reward systems, including loot boxes, virtual wheels of fortune and collectible card packs. Under the proposal, companies would have to:

• Disclose the available rewards and their probabilities;
• Give consumers a way to disable paid random-reward features;
• Stop offering those features to minors where products target children or are known to be used by them.

Article 16 would also prohibit pay-to-win and pay-to-progress mechanics for minors. Paid virtual currencies would be disabled by default for minors, with activation requiring parental or guardian approval.

European Lotteries Wants Gambling Excluded

European Lotteries responded to the proposal on November 11, calling for lotteries and gambling services to be excluded from the new regulation. Piet Van Baeveghem, the association’s secretary general, argued that "adding further obligations for licensed operators is no substitute for effective enforcement" against illegal gambling.

For affiliates running influencer campaigns in several EU markets, the proposed rules would put national advertising restrictions and sponsorship disclosures under closer scrutiny. Operators would also have to account for the compliance of creators they hire.

The European Parliament and the Council must now examine the draft. Article 40 provides for a 12-month period between the regulation’s entry into force and its application. No start date has been set.