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The DLA Piper gambling event provided a crucial platform for industry leaders to discuss the latest legal and regulatory developments in the gambling sector across Europe.
On 20 January 2025, DLA Piper hosted its annual gambling industry event during the ICE Gaming conference in Barcelona, bringing together leading lawyers from Europe’s key gambling markets to address pressing regulatory challenges and the evolving litigation landscape. The event featured a keynote address by Mikel Arana, General Director at the Directorate General for the Regulation of Gambling (DGOJ), who provided insights into Spain’s gambling regulation and future trends. Covering 15 jurisdictions, the event offered deep discussions on litigation risks, licensing processes, and compliance challenges across Europe.
Rising Litigation and Class Actions in the Gambling Sector
A major topic of discussion was the increasing litigation and class actions affecting gambling operators across Europe.
- Austria & Germany: Civil claims and class actions have been filed against gambling operators lacking necessary regulatory approvals, leading to bettors seeking refunds of their stakes. The upcoming Austrian online gambling license tender could reshape the industry, particularly if a multi-licensing model is introduced.
- Netherlands: A surge in individual civil claims and class actions is underway, awaiting a Supreme Court ruling on the validity of agreements with unlicensed operators.
- United Kingdom: Growing risks include class actions, regulatory scrutiny, antitrust investigations, ESG claims, and data privacy litigations, making compliance more complex.
Italy’s New Online Gambling and Lotto Licensing Framework
Italy’s regulatory overhaul introduces nine-year online gambling licenses, each covering up to five concessions per group:
- License Fee: €7 million, payable in two instalments (€4 million upfront, €3 million at launch).
- Eligibility Criteria:
- Proven gaming platform expertise in the European Economic Area (EEA).
- Legal or operational headquarters in an EEA country.
- Revenues exceeding €3 million over the last two fiscal years.
- Responsible Gaming Obligations:
- Loss & time limits, automated consumer alerts, and mandatory investment (0.2% of GGR post-tax) in responsible gambling campaigns.
- Application Process Challenges:
- Submitting documents through the official portal.
- Seeking clarifications from ADM (Agenzia delle Dogane e dei Monopoli) regarding compliance certifications.
- Legal challenges to the tender process are ongoing, but deadlines remain unchanged.
Additionally, Italy is opening applications for the €1 billion Lotto tender, projected to yield €200 million in net revenues over nine years. The final tender version will be published soon.
Impact of Italy’s Gambling Advertising Regulations
Italy’s gambling advertising ban (Dignity Decree) continues to impact marketing strategies. While limiting traditional advertising channels, operators are leveraging data analytics, affiliation marketing, and alternative platforms (e.g., news websites, payment services) to reach consumers.
Spain’s Enhanced Player Protection and Advertising Restrictions
Spain’s regulatory landscape emphasizes player protection and advertising restrictions:
- Shared Deposit Limits: Measures to prevent excessive gambling.
- Stronger Underage Gambling Protections.
- Royal Decree on Commercial Communications:
- Strict limits on advertising, sponsorships, and promotions.
- Time-based advertising restrictions.
However, an April 2024 Supreme Court ruling removed restrictions on celebrity endorsements, new customer promotions, and gambling ads on digital platforms (e.g., social media, video-sharing sites). This change provides new opportunities for licensed operators.
Challenges in Opening Competitive Gambling Markets in Europe
Market liberalization in Portugal, Poland, and Hungary faces hurdles such as:
- High Taxation: Complex tax structures deter new entrants.
- Dominant Market Players: Established operators limit competition.
- Regulatory Barriers: Bureaucratic obstacles increase compliance costs.
Networking and Future Outlook
Following insightful panel discussions, attendees participated in networking drinks, fostering collaboration between industry leaders and regulators. The event underscored the necessity for continuous adaptation, compliance, and strategic planning to navigate Europe’s evolving gambling regulatory landscape.
For more insights into DLA Piper’s gambling regulatory expertise, you can read DLA Piper’s Gambling Laws of the World guide. Also, on the topics listed above, you can read the article “New Tender for Italian online gaming licenses Launched – Here are the updated FAQs!“.
Authors: Vincenzo Giuffré, Benjamin Fellows, Armin Redl, Tom Hautvast, Elisa Lorenzo
