European regulators join forces to combat illegal online gambling

On 25 November 2025, gambling regulators for Austria, France, Germany, Great Britain, Italy, Portugal and Spain issued a joint statement on their commitment to the "fight against illegal online gambling" (Joint Statement). They warned of the increasing proliferation of online gambling advertisements by unauthorised overseas operators targeting consumers in their respective jurisdictions (particularly through digital channels such as social media, video sharing platforms and affiliate networks) and the threat such activity poses to consumer protection, public health, the activities of lawful operators and the objectives of the whole regulatory framework.

By the Joint Statement, the regulators announced their renewed and united commitment to fighting against illegal gambling, by:

• information sharing in relation to illegal gambling operators;
• calling on digital platforms and social media networks to strengthen their mechanisms to prevent the dissemination of advertising content from unauthorised operators; and
• reaffirming their commitment to information sharing with regards to best practices for investigating and sanctioning unlawful operators.

The Joint Statement follows the publication of Yield Security's report on 'Illegal Gambling in the EU' (November 2025) (Yield Sec Report) which was commissioned by The European Casino Association (ECA) to monitor and analyse audience activity of authorised and illegal online gambling across the European Union (EU). According to the Yield Sec Report:

• illegal online gambling operators generated EUR80.6 billion (approx. US USD87.3 billion) in 2024 representing 71% of the revenue of the total gambling market across the EU. In contrast, authorised operators generated USD33.6 billion (approx. US USD36.4 billion). The report also estimates that there was EUR20.2 billion (approx. USD 21.8 billion) in 2024 across the EU member states.
• the targeting of Europeans by illegal gambling operators increased by 26% compared to 2023;
• 92% of online gambling content viewed by EU citizens promoted illegal online gambling; and
• of 118 million Europeans interacting with online gambling during 2024, 81 million (68.6%) engaged with illegal and unregulated operators using platforms that did not offer consumer protections, responsible gambling measures, dispute resolution procedures or implement KYC for age verification purposes.

In a press statement published by the ECA, Erwin van Lambaart (Chairman of the ECA) commented that: “[The findings in the Yield Sec Report] confirm what the ECA has warned about for years: illegal online gambling is not a marginal issue; it is an economic and societal threat. Every euro lost to criminal operators is a euro stolen from European citizens, from legitimate and licenced businesses, and from our communities. As ECA, we remain committed to working with European and national authorities to protect consumers, tackle such criminal activities, uphold our industry’s integrity, and ensure that the benefits of a well-regulated industry are not undermined by illegal operators.”

In this article, we walk through the regulatory regimes in play in 6 of the jurisdictions party to the Joint Statement (Austria, Germany, Great Britain, Italy, Portugal and Spain) setting out what the law currently does in relation to the advertisement of illegal online gambling, the powers of the regulator to enforce these laws and the current enforcement trends of those regulators.

 

Austria

Austria’s gambling framework is primarily governed by Glücksspielgesetz – GSpG (Austrian Gambling Act), which regulates games of chance, including lotteries, land-based casinos, and online gambling (“electronic lotteries”). The Federal Ministry of Finance (BMF) oversees licensing and enforcement. However, sports betting is not regulated under the Austrian Gambling Act because it is legally classified as a game of skill, not a game of chance. Regulation falls under the competence of the nine federal provinces (Bundesländer). Each province has its own betting laws and licensing requirements. There is no unified federal law for sports betting in Austria.

Austria operates under a monopoly system. The competent Austrian authority can transfer the right to conduct certain gambling products by granting a licence. The granting of a licence must be preceded by a public search for interested parties, which must comply with the principles of transparency and non-discrimination. The search for interested parties must be made public, and the announcement must contain detailed information on the licence to be transferred, the expression of interest and the documents that must be submitted, as well as a reasonable deadline for the expression of interest.

The current Austrian online gambling licence (including lottery products) is granted for 15 years, with the current licence is expiring in 2027. The design of the Austrian licence has been criticised in the past, with the argument that it, and in particular its implementation, is not in line with EU law. In this context, there are numerous ongoing disputes concerning the validity of licences from other EU countries and the freedom to provide services.

With regard to illegal gambling activities, authorities can impose administrative fines to the managing directors as well as the operators with invalid or missing licence. Administrative penalties take precedence over the application of criminal sanctions in this regard. Currently there are no blocking measures, or IP and payment blocking, to restrict access to unauthorised sites. In recent years, the authorities' activities have mainly been directed against local, illegal gambling providers. However, it is now a recognised the administrative authorities are increasing their efforts to tackle illegal online gambling. So far, the administrative penalties imposed have been moderate, although here too there has been a noticeable increase in the amount of the penalties imposed.

While discussions about liberalisation have occurred, recent signals suggest reforms will reinforce the monopoly rather than open the market. In Austria, amendments to the Austrian Gambling Act are currently pending. In connection with joint efforts to combat illegal online gambling, legislative measures are also to be expected, and significantly stricter measures will also to be introduced to give authorities greater scope for action. On the one hand, the authorities are to be given greater powers to act against illegal gambling. Discussions are underway, but not yet confirmed, regarding significantly tougher penalties for offering illegal gambling. Furthermore, the introduction of payment blocking or access restrictions is being discussed. However, the exact details and the powers of the authorities have not yet been determined at this stage. Future plans also include creating an independent gambling authority for oversight.

 

Germany

The German State Treaty on Gambling 2021 (Glücksspielstaatsvertrag) (GlüStV 2021) governs the organisation, offering, and brokerage of public games of chance across Germany and provides a single licencing gateway for online sports betting, online poker, and virtual slot games (among others). There is ongoing litigation on clarifying the boundaries of the definition of public games of chance and fundamental court decisions are expected this year.

The Joint Gambling Authority of the Federal States (Gemeinsame Glücksspielbehörde der Länder) (GGL) acts as the central German gambling authority. Separate state law governs the model for online casino games (virtual bankholder games), which may be offered either under a state (public) model or a capped concession model (if at all). GGL supports the above-mentioned Joint Statement, but cannot formally co-sign it due to Germany’s federal structure.

Germany’s regulatory approach legalises and licenses defined online verticals under strict conditions while deploying supervisory and enforcement powers to target unlicensed operators and associated advertising and payment flows. Unlicensed remote gambling targeted at or accessible to players in Germany is prohibited, as is advertising or sponsorship for unlicensed gambling. Participation in payments relating to unlicensed gambling is also prohibited. A centrally maintained public whitelist identifies operators and brokers holding valid German licenses.

Licensed operators must comply with extensive player-protection obligations, including identity verification and age checks, a monthly deposit limit (as a rule EUR 1,000, with exceptions granted by GGL in the respective licence), centralised files to prevent parallel play across providers, product-specific constraints for virtual slots (for example, five-second minimum game time and EUR 1 maximum stake per spin, no jackpots), and comprehensive restrictions on advertising. Advertising must not be excessive, must not target minors or vulnerable groups, and is subject to time-of-day and content restrictions, with heightened prohibitions for online slots, online poker, and online casino products. Sports-betting advertising is constrained around live broadcasts and through bans on endorsements by active athletes and officials.

To target unlicensed gambling, the GlüStV 2021 authorises GGL to, among other measures, prohibit unlicensed offers and their advertising; order payment blocking by payment service providers; and, following prior notification of the illegal offer and where action against the operator is impracticable or unlikely to succeed, order “blocking measures” directed at intermediaries. Administrative offences can be sanctioned with administrative fines of up to EUR 500,000 per violation. GGL cooperates with domestic bodies including media regulators, the financial supervisor and the telecoms regulator, and may exchange information with EU/EEA peer authorities to fulfil its supervisory tasks.

Not all those measures proved to be efficient. Especially blocking measures have been found unlawful (see our previous article here) unlawful by the German Federal Administrative Court if directed against internet access providers as they are technically not “responsible” for the content that they just transmit. To address this gap in the current enforcement options, the legislator is working on an amendment of the GlüStV 2021 that would overhaul Sec. 9 (1) sentence 3 no. 5 GlüStV 2021 by referring to the EU Digital Services Act concept of “intermediary services,” intended to capturing the full internet stack and, in particular, cases of mere transmission. This change is intended to remove the current “responsible” provider threshold so that access providers and other intermediaries can be directly targeted. The reform is framed as technology‑neutral with DNS blocking remaining the standard, less intrusive method.

The GlüStV 2021 amendment is currently still in the draft stage and a realistic date for entry into force is during 2026. However, it is still unclear whether the proposed changes will have the legal impact that is intended. Especially the reference to the DSA leads to new legal questions, for example if the DSA’s rules on the liability of providers of intermediary services (such as e.g. internet access providers) are really excluded by not mentioning the “responsibility” requirement. It is also unclear whether national provisions – such as the GlüStV requirements at issue – would not apply to providers of intermediary services if they are based in another EU country, especially in light of the country-of-origin-principle of the E-Commerce Directive (Directive 2000/31/EC). Last but not least, the usual procedural safeguards still apply. This includes the constitutionally determined requirements of proportionality as well as proper exercise of discretion that can limit the authorities’ powers in the individual case.

 

Great Britain

The key legislation governing online gambling (gaming, betting and lotteries) in Great Britain (i.e. England, Scotland and Wales) is contained in the Gambling Act 2005, as amended (GB Gambling Act). Note that separate legislation applies in Northern Ireland not covered by this article.

Remote gambling is generally permitted in Great Britain provided the operator has been issued with an appropriate operating licence from the local regulator the Gambling Commission and complies with the requirements of such licence. Under the GB Gambling Act a person commits a criminal offence if they provide facilities for online gambling in Great Britain without a licence authorising the activity (unless there is a specific exception). This includes both: (a) locating gambling equipment in Great Britain – this applies irrespective of whether the customers using that equipment are in Great Britain or offshore and (b) allowing the use by customers in Great Britain of gambling equipment located offshore. In the absence of a valid defence, the advertising of unlawful gambling to consumers in Great Britain, by an operator or a third party, is also a criminal offence.

The prevalence of shirt and stadium sponsorship of football clubs and related advertising in Great Britain by offshore gambling operators has led the Gambling Commission to issue specific guidance for sports organisations on the advertisement/promotion of unlawful gambling (but it is equally relevant to any other sponsorship/advertisement of unlawful gambling, including online). The most recent guidance published in 2025 states that those involved "must ensure that online gambling activity for that unlicensed brand is blocked and inaccessible to consumers in Great Britain" and also warned that "Internet Protocol (IP) blocking technology can be circumvented, so ongoing monitoring of the arrangement is essential to ensure those arrangements are effective and that consumers based in Great Britain are not able to register and gamble on unlicensed websites" . The Gambling Commission also confirmed that it will "take steps to independently verify effective blocking measures are in place".

In addition to publishing new guidance on the advertising of unlawful gambling in the context of sports, the Gambling Commission has indicated that the aim of its regulatory activity to tackle unlicensed gambling is to make it difficult to provide illegal gambling at scale to customers in Great Britain, stating that: "It is not possible to eliminate illegal gambling entirely given the nature of modern technology and the way criminal enterprises evolve their approaches. We will, however, demonstrate how our focus and increased investment results in high-impact and targeted interventions which collectively ensure Great Britain remains a difficult market to serve illegally."

When it comes to enforcing against potential offences under the GB Gambling Act, the Gambling Commission can institute criminal proceedings for offences under the Act in England and Wales. In Scotland, the power to institute criminal proceedings is solely held by the Crown Office and Procurator Fiscal Service. A person found guilty of an offence under the GB Gambling Act is liable on summary conviction with a maximum penalty of imprisonment for a term not exceeding 51 weeks for England and Wales (or 6 months in Scotland), a fine not exceeding level 5 on the standard scale (unlimited), or both.

The Gambling Commission also tackles illegal gambling in Great Britain through a mixture of research, technology investment, industry, government and law enforcement partnerships and targeted enforcement focussing on key elements that enable illegal operators to operate at scale (such as payment, advertising and technical infrastructure). According to enforcement data published by the Gambling Commission for the period from October 2024 to September 2025 there were 208,088 total actions across all enforcement activities in respect of illegal online gambling. The work was highly concentrated on “URLs referred to search engines” which accounted for 205,351 actions (98.7%), making it by far the dominant lever exercised. The next largest categories were sending out pre-action cease & desist letters to illegal operators (507; 0.24%), referrals to registrars/hosts (476; 0.23%), cease & desist to advertisers/affiliates (294; 0.14%), content referrals to platforms (249; 0.12%), and URLs referred to platforms (236; 0.11%).

 

Italy

The Italian regulatory framework for gambling is built on a combination of criminal law provisions, administrative rules and sector-specific regulation, with a strong emphasis on public order, consumer protection and the prevention of illegal and socially harmful gambling activities.

At the core of the system lies Law No. 401 of 13 December 1989 (Law 401/1989), which remains the principal instrument for criminal enforcement against illegal gambling. Article 4 of Law 401/1989 criminalises the organisation, management, exercise or facilitation of gambling and betting activities in the absence of the required authorisation or concession. This provision applies irrespective of the technical means used and has long been interpreted by Italian courts as extending to online gambling offered from abroad where Italian consumers are targeted. Criminal sanctions include imprisonment and fines, with aggravated penalties where the activity is carried out on a professional or organised basis or involves intermediaries facilitating the collection of bets.

This criminal framework operates alongside the administrative and regulatory regime governing lawful gambling. Online gambling (including betting, casino games, poker and bingo) is permitted in Italy only under a concession granted by the Agenzia delle Dogane e dei Monopoli (ADM). The concession-based model has been reaffirmed and systematised by Legislative Decree No. 41 of 25 March 2024, adopted as part of the broader reform and reorganisation of the public gaming sector. The decree consolidates the rules applicable to games at a distance, confirms the exclusivity of the concession system and strengthens player-protection objectives, while reinforcing the coherence of enforcement tools against illegal operators. Operators are required to comply with stringent technical, financial and organisational requirements, including certified gaming systems, AML and KYC obligations, age-verification mechanisms, responsible gambling measures and ongoing reporting duties. Operators established outside Italy are prohibited from targeting Italian players unless they hold a valid Italian concession, regardless of where their servers or corporate seat are located.

A distinctive feature of the Italian regime is the near-total ban on gambling advertising. Law Decree No. 87 of 12 July 2018, converted into Law No. 96/2018 (the so-called Dignity Decree), introduced a general prohibition on direct and indirect advertising, sponsorship and promotional communications relating to gambling and betting with cash winnings. This ban applies across all media and channels, including online platforms, social media, video-sharing services, search engines and affiliate marketing networks. The application and interpretation of the advertising ban are overseen by the Autorità per le Garanzie nelle Comunicazioni (AGCOM), which has issued detailed guidelines clarifying the scope of the prohibition, the concept of commercial communication, the very limited space for purely informational content and the responsibilities of media operators, digital platforms, influencers and other intermediaries involved in content dissemination.

From an enforcement perspective, Italy operates a layered system combining criminal prosecution, administrative sanctions and technical measures. Illegal offering of gambling services without an ADM concession exposes operators and facilitators to criminal liability under Law 401/1989, with the possibility of seizures and prosecution before the criminal courts. In parallel, AGCOM is empowered to impose significant administrative fines for breaches of the advertising ban and to order the removal of unlawful content. ADM plays a central role in combating illegal online gambling through the systematic use of blocking measures, including DNS and IP blocking of unlicensed gambling websites and their mirror sites. Internet service providers are required to implement blocking orders promptly, and payment service providers may be instructed to prevent transactions in favour of illegal operators targeting the Italian market.

Recent enforcement trends confirm Italy’s reputation as one of the most assertive EU jurisdictions in the fight against illegal online gambling. Authorities have continued to rely heavily on website and payment blocking to disrupt illegal operators, while intensifying scrutiny of digital advertising ecosystems, including affiliates, influencers and platforms that facilitate visibility and traffic. AGCOM has imposed high-profile sanctions for violations of the advertising ban, and Italian courts have generally upheld these measures, confirming both the broad scope of the ban and the applicability of criminal provisions to online and cross-border gambling activities. At the same time, Italy has been actively involved in cross-border cooperation and information-sharing initiatives with other European regulators, reflecting the recognition that illegal online gambling and its advertising are inherently transnational phenomena requiring coordinated enforcement responses.

 

Portugal

The key legislation governing online gambling and betting in Portugal is contained in Decree-Law 66/2015 (Portuguese Online Gambling Act), as amended.

Online gambling is only permitted in Portugal provided the operator has been issued with an appropriate operating licence from the local regulator (Gambling Commission of Turismo de Portugal (Portuguese Gambling Commission) and the Service of Gambling Regulation and Inspection (SRIJ) and complies with the requirements of such licence. Under the Portuguese Online Gambling Act, illegal operating, promotion, organisation, consent or availability of online gambling and betting activities constitutes a crime punished with a maximum imprisonment of five years or a fine up to 250.000 EUR.

The advertising of any illegal activity (such as unlawful gambling or advertising of non-licensed brands) is prohibited by the Advertising Code and is punished as an administrative offence with fines, for corporate entities, up to 45.000 EUR. Such fines apply to the advertiser, the advertising agency or any other entity that carries out any advertising activity in this context, including the owner of the advertising medium.

SRIJ issued an “Online Gambling Advertising Best Practices Handbook” which among other provision states that: (i) on television and radio, commercial communications and advertising must not be broadcast between 7:00 a.m. and 10:30 p.m., nor within 30 minutes before or after a programme specifically aimed at children and young people, (ii) operators shall ensure that, when engaging blogs, brand ambassadors, influencers, or streamers, such parties comply with the Advertising Code and with the rules set forth in the Handbook and (iii) all commercial communications must emphasize the playful and entertainment aspects associated with games and betting and be accompanied by a general warning about the risks of gambling addiction, in order to encourage players to adopt a responsible attitude, such as ‘Be responsible. Play in moderation,’ or a similar message.

When it comes to enforcing against potential offences under the Portuguese Online Gambling Act, the Portuguese Gambling Commission and the SRIJ can institute criminal and administrative proceedings for offences under the Portuguese Online Gambling Act.

The Portuguese Gambling Commission / SRIJ have also specific control and oversight powers to tackle illegal gambling in Portugal such as requesting the collaboration of intermediary network service providers and payment providers to end the access, use and availability of the services.

According to enforcement data published by the Gambling Commission for the second quarter of 2025 there were 208 actions across all enforcement activities in respect of illegal online gambling. The work was highly concentrated on blocking websites which accounted for 110 notifications. The next largest categories were sending out pre-action cease & desist letters to illegal operators (97) and reporting to Public Prosecutor for criminal action (1).

 

Spain

The key legislation governing online gambling in Spain is Spanish Gambling Act no. 13/2011, dated 26 May 2011, on gaming activities (Spanish Gambling Act). With the publication of the said Spanish Gambling Act, remote gambling activities in Spain were regulated on a national basis for the first time² . In addition to the Spanish Gambling Act, other developing regulations were published afterwards, covering more technical or operational aspects of the offering of gambling activities in Spain.

Remote gambling is generally permitted in Spain as long as the operator has obtained an appropriate operating licence – both "General" and "Singular" licences should be obtained covering the specific games to be offered. The licences are granted by the General Directorate for the Regulation of Gaming Activities (Dirección General de Ordenación del Juego (DGOJ), to any applicant who complies with the requirements of such licence. In Spain, the development of remote gambling activities without having obtained the corresponding General and Singular licenses is forbidden and may lead to very severe sanctions (with fines amounting up to 50 million Euros³ ).

Only the licenced gambling operators having requested and obtained a specific authorisation can carry out advertising activities. Therefore, the advertisement/promotion of unlawful gambling is not permitted, being applicable to any type of sponsorship/advertisement of unlawful gambling, including online.

When it comes to enforcing against potential offences under the Spanish Gambling Act, the DGOJ initiates sanctioning proceedings against operators breaching the applicable provisions. Those sanctions are published on the DGOJ's site⁴ , and according to the information publicly available, during 2025, the DGOJ has imposed a total of 58 sanctions and nearly EUR111 million in fines on operators in the online betting and gambling sector. In particular, six very serious sanctions have been imposed against foreign online gambling operators without a licence in Spain. These sanctions entail a fine of EUR5 million per operator, as well as the blocking of their websites.

According to the DGOJ, the main challenges in Spain at present is the increase in domains that redirect to illegal websites, identity theft on social media, the promotion of unauthorised sites by influencers, and the rise of so-called white label brands, and the DGOJ has expressed their intention to pursue those illegal activities.

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¹ For the purpose of the Yield Sec Report, illegal online gambling is defined as 'any gambling service that is not authorised, licensed or regulated under the laws of a jurisdiction but which targets, is accessible to, and conducts transactions with consumers in that jurisdiction.'
² The operation of remote gaming activities in Spain is subject to the regulation of the State when these activities are being offered simultaneously at a national level (such as in the case of online gaming). On the other hand, for those remote gaming activities that only affect a given region, the corresponding regional government will hold the competences to regulate, authorize and adopt enforcement actions in regards the corresponding gambling activity. In practice this has implied that land-based activities are subject to the regulatory powers of the regional government (regardless of the fact that in some regions –such as Madrid or the Basque Country- regionally-focused online gaming licenses are available, even though they have had a very poor result), while online gaming activities have become a field of competence of the national State authorities.
³ Apart from the fine, the DGOJ can also impose as a sanction the disqualification from carrying out the gambling activities for a maximum period of four years, or the closure of the means by which information society services supporting gambling activities are provided.
⁴Resoluciones sancionadoras | Dirección General de Ordenación del Juego