The Supreme Court of Spain’s decision marks a pivotal moment for the future of the gambling and marketing industries, as it nullifies the 2020 ban on gambling advertising on TV and the internet. This ban, which had completely prohibited marketing promotions for gambling operators from late 2020, has been declared illegal and unconstitutional.

The Supreme Court’s key findings include:

• The previous ban on gambling advertising was unconstitutional and illegal, violating EU standards
• The restriction on celebrities appearing in gambling TV commercials was also deemed illegal, infringing on freedom of speech
• It has been clarified that gambling operators may advertise online

This ruling carries substantial weight for the region, as it sets a precedent that will influence marketing and digital business practices across the EU and neighboring countries aligning their legislation with EU law. The decision underscores several critical points:

• Commercial advertising by gambling operators is a legitimate business activity protected under freedom of speech rights.
• Regulations governing the advertising of the gambling industry, and business practices in general, should not resort to disproportionate measures that exceed necessary standards for public interest protection, as was the case with the 2020 ban.
• The now-overturned restrictions lacked constitutional or legal justification, both at the national and EU levels (reaffirming the principle of the freedom to provide services).
• Such measures, as recently repealed, hinder the free operation of Spain’s gambling industry, which contributes significantly to the national economy both directly and indirectly.

Other EU members, as well as EU candidate countries will be expected to align their laws and regulations with EU legal frameworks, including those governing gambling and commercial advertising standards.

The Spanish example offers a valuable precedent for best practices at the EU level, effectively balancing consumer protection with the economic sustainability of businesses, which is a core EOGL principle.

The Supreme Court’s decision to lift these bans demonstrates that high standards of protection for minors and vulnerable groups can be maintained without unduly restricting the commercial interests of gambling companies.

The Consultation and Proposed Changes

The EEEP is inviting stakeholders and participants in the gambling industry in Greece to offer their thoughts and feedback on the proposed measures. The consultation period is set to conclude on September 15th. Should the suggested measures receive approval from Greece’s Ministry of National Economy and Finance, they will be implemented to further bolster the responsible gambling landscape.

The EEEP has described the draft legislation as primarily focusing on the “regulation of matters of administrative control and operation of casino businesses.” The consultation process serves as a means to gather diverse perspectives and insights from interested parties to shape the future of the industry.

Greece Innovates for Improved Player Protection

Among the proposed changes, one stands out as a significant step towards enhanced player protection—the revamping of existing player safeguarding regulations. This pivotal alteration includes the introduction of a self-exclusion register, a tool designed to empower players with a higher degree of control over their gambling activity.

Under this proposal, the EEEP would establish and manage the self-exclusion register, recording essential information about excluded players, such as the duration of the self-exclusion period and the corresponding licensee. If approved, players could have the flexibility to select a self-exclusion period lasting anywhere from one week to ten months.

Notably, self-exclusion could only be lifted after the designated period has passed, and the self-excluded individual submits a formal request for ban removal.

Transformation of Player Cards and Staff Training

The draft legislation also introduces the concept of an individual player card, which would be linked to the player’s online account. This card would enable players to seamlessly participate in casino games while ensuring responsible gambling practices.

Furthermore, licensees would be mandated to provide comprehensive training to their staff members, encompassing a deep understanding of Greece’s gambling regulations. This commitment to education involves offering specialized training programs, as well as designating a training manager responsible for facilitating relevant education and training activities.

Additional Measures and Proposals

The draft law encompasses several additional proposals aimed at enhancing the gambling environment. It mandates the presence of a dedicated studio space within licensed casinos, primarily intended for the operation of live dealer games. This space would be equipped with specialized tools to ensure optimal gaming experiences.

Moreover, the EEEP’s proposed measures include the establishment of a financial security reserve requirement and the implementation of more conspicuous notifications regarding casino operating hours.

Greece’s Evolving Gambling Landscape

Greece’s journey towards a regulated gambling market began in 2011 with the introduction of the original Gambling Act. In subsequent years, a transitional period saw the issuance of 24 transitional licenses to operators. Further regulatory changes were pursued, culminating in the submission of draft gaming regulations to the European Commission in 2020.

The efforts to refine the gambling landscape led to the allowance for continued operation for the original 24 licensees until March 31st, 2020. Subsequent to this date, operators were required to reapply for licenses under the new provisions.

What Next?

The initiation of the consultation process by the Hellenic Gaming Commission underscores Greece’s commitment to responsible gambling and player protection. The proposed measures, including the potential introduction of a self-exclusion register and other innovative changes, reflect a proactive approach to creating a safer gambling environment for all. As Greece’s gambling landscape evolves, these measures demonstrate a dedication to ensuring player safety and promoting responsible gambling practices.

For these trends not to be burdensome, the Industry will continue insisting on strict dedication to free provision of services within the EU Internal Market, fair competition and reasonable and sustainable taxation.

For 2019, EOGL announces a further promotion of the Responsible Gaming measures. This step will encourage operators and associations to keep complying with best Industry practices on a global scale.

To this end, all the Board of Directors attendees agreed on the necessity of further improvement of contacts and cooperation with EU bodies in charge for gambling and supporting industries.