EGBA Urges European Commission to Align Digital Fairness Act with National Gambling Frameworks
EGBA has warned the European Commission that the Digital Fairness Act must align with national gambling laws to prevent conflicts, uncertainty and duplication. The group notes more rules do not automatically improve protection and stresses enforcement against illegal operators. Fairness-by-design provisions could allow challenges to bonuses and prompts.
SCCG Take — Harmonization between the DFA and national regimes is essential to limit regulatory gaps and duplication. Operators face potential new exposure on promotions if fairness by design is applied strictly.
The European Commission has added new articles to its proposed Digital Fairness Act, a measure intended to update consumer protection rules for the digital environment. The legislation does not directly regulate gambling, yet the sector has taken note of provisions that could affect operator practices. The European Gaming and Betting Association responded quickly, stressing the importance of consistency with existing rules.
The EGBA cautioned Brussels that regulation does not automatically mean better consumer protection. It warned of possible conflicting obligations between EU and member-state frameworks, alongside legal uncertainty, duplication, and regulatory gaps. Pierre Tournier, Interim Secretary General of EGBA, stated: “More regulation does not automatically mean better consumer protection. The DFA must build on existing national and EU safeguards, avoid duplicating obligations and provide legal certainty for businesses.”
The Act targets manipulative marketing such as false urgency claims, requires influencers to disclose advertisements, limits exploitative personalized targeting including to children or using sensitive data, and eases subscription cancellations. A central element is “fairness by design,” giving customers the ability to disable addictive features such as persistent prompts that encourage excessive spending.
As reported by SBC News, this could open the door for customer challenges to certain gambling promotions, including free bets and free spins, if courts deem them persistent prompts. The EGBA shares the goal of stronger protections for minors, against misleading practices, and for digital transparency. Tournier added that stronger consumer protection in the sector cannot stop at regulated operators.
“Illegal gambling websites operate outside the law, disregard player protection standards and expose consumers to serious risks,” Tournier said. “If Europe is serious about protecting consumers online, tackling the illegal gambling market must be a priority, not an afterthought.”
Potential Effects on Licensed Operators
The fairness-by-design rules may prompt legal claims against bonuses and other incentives if viewed as encouraging compulsive play. Member state courts will determine the precise scope. Existing EU-level disputes, such as those involving Maltese firms under Bill 55 in Germany and Austria, illustrate the cross-border tensions already present.
Priority on Illegal Market Enforcement
The EGBA position is clear: consumer safeguards must extend to unlicensed sites that ignore standards. Without that extension, new rules on licensed operators alone will leave gaps. Coherence across regimes will shape whether the Digital Fairness Act delivers net protection or added complexity for the gambling sector.
Gaming, betting and prediction markets — the desk’s read, every weekday.
Subscribe →