New version of Code of Conduct for Commercial Communications on gambling activities

On November 14, 2019, the Joint Monitoring Committee of the Code of Conduct for Commercial Communications on Gambling Activities (the “Code”) adopted the new version of the Code following the modifications proposed by JDigitial (the Spanish Digital Gaming Association), with the agreement of all sector representatives adhered to the Code.

This new version includes in a single text the decisions that Autocontrol has made since the Code entered into force in 2012. Given the lack of a clear regulatory framework on commercial communications in this sector, those decisions have set the online advertising standard for gaming companies. The new Code also includes new features that gambling operators must apply in their advertising activity on its entry into force on January 15, 2020.

Modifications

First, one of the most prominent modifications is that advertising bonus promotions must include all their relevant characteristics, such as a reference to the applicable terms and conditions. The advertisement must also include the minimum and maximum betting amounts, quotas and withdrawal requirements. To include these characteristics, the size and capacity of the advertising space must be taken into account. However, this modification does not substantially change the position adopted by the Directorate-General for Gambling Regulation (DGOJ) regarding advertising bonus and welcome promotions.

Second, welcome bonuses in commercial communications and self-promotions for different games cannot exceed EUR 200.

Third, all audiovisual commercial communications must include a standardized sign with responsible gambling logos and the prohibition on gambling for persons under 18, which must be displayed for at least 2 seconds. Annex II of the new Code contains the design layout for that sign. Regarding banners, the standardized warning will be displayed throughout the entire advertisement, in accordance with Annex III.

Fourth, one of the most relevant features is the ban on commercial communications involving bonuses or promotions of any kind during live broadcasts by any means of sporting, equestrian or other competitive events.

Finally, promotional materials cannot show (i) active sportspeople engaged in or promoting gaming activities; (ii) people under 25; or (iii) persons involved in activities for children. These measures are essentially aimed at protecting minors.

In conclusion, the new Code introduces several restrictions on gaming operators’ commercial communications from its entry into force in 2020. The ultimate purpose is to protect consumers, especially minors and vulnerable groups, from gambling.

Autoras: Claudia Ros y Alicia Costas