LOYRA: DGOJ draft tightens gambling advertising framework

LOYRA: DGOJ draft tightens gambling advertising framework

The LOYRA firm has pointed out that the new project from the Directorate General for the Regulation of Gambling (DGOJ) represents a more restrictive shift in commercial communications for the gambling sector in Spain. In its assessment, the firm argues that the draft text entails a strengthening of the limitations on the promotion of licensed operators, with a cross-cutting impact on verticals such as sports betting, online casino, bingo, and lotteries. This move is part of the regulatory path Spain has followed since the deployment of specific rules for gambling advertising and the consolidation of safer gambling policies. The debate arises at a time of public sensitivity regarding the exposure of vulnerable groups and a review of digital marketing practices, sponsorships, and influencer advertising.

According to the evaluation published by LOYRA, the “new DGOJ project” “represents a significant tightening of gambling advertising regulation.” The regulatory initiative, framed as an additional development of the current framework, aims to redefine the scope of operators’ actions regarding commercial messages, formats, and media. The focus would extend to critical areas for the sector such as audience segmentation, use of testimonials and brand image, and rules for sponsorships and collaborations with third parties. On an operational level, an update of this nature typically requires reviewing creatives, media plans, affiliate contracts, and internal compliance protocols to ensure traceability and campaign control.

LOYRA is a law firm specialized in the gaming and entertainment industry that, for decades, has advised operators, suppliers, sector associations, and investment groups in Spain and Latin America. The firm has participated in public consultation processes and technical analyses of regulations affecting licenses, advertising, market integrity, and responsible gaming, so its positions are closely followed by the iGaming ecosystem. Its practice areas include regulatory compliance, sponsorship contracting, and defense in sanctioning procedures before competent authorities. The DGOJ, for its part, is the state body responsible for the regulation, authorization, supervision, and control of gambling at the national level, including license granting, compliance monitoring, and sanctioning authority.

The context in Spain is shaped by a set of rules that have redefined gambling advertising, including the Royal Decree that sets strict conditions for commercial communications, time slots, sponsorships, and promotional bonuses. Additionally, the regulator has deepened safer gambling measures, with obligations for segmentation by risk profiles, warning messages, and reinforced age verification controls. The framework coexists with self-regulation systems and prior review of materials through entities such as Autocontrol, which channel rulings and recommendations on best practices. In the European environment, there are comparable references: Italy adopted an almost total ban on gambling advertising; the Netherlands restricted non-targeted advertising; and the United Kingdom has strengthened criteria to avoid “strong attraction” to minors and introduced stricter guidelines for athletes and influencers. Practically speaking, the trend converges toward a tighter clampdown on mass dissemination and the requirement for responsible and verifiable segmentation.

For licensed operators in Spain, greater advertising rigor usually translates into adjustments in acquisition and retention strategies, with more weight given to owned channels, CRM, and informational content versus mass inventory purchases. The governance of the affiliate channel also gains relevance, with contractual clauses and brand controls to prevent compliance deviations, especially on digital platforms and in eSports and streaming environments. Sports sponsorships and visibility agreements in venues, kits, or broadcasts could face new limitations or conditions, affecting the commercial planning of clubs, media, and agencies. In parallel, regulatory pressure tends to increase investment in compliance marketing technology, periodic campaign audits, and internal training, with a direct impact on acquisition costs and advertising returns.

Looking ahead to the coming months, the usual process includes phases of public hearing and information, receipt of allegations, and possible technical adjustments before final approval and official publication. The sector, through business associations and specialized forums, will likely present proposals to clarify concepts, ensure legal certainty, and reconcile consumer protection objectives with effective market competition. If the text materializes as indicated by LOYRA, operators will need to anticipate implementation roadmaps, review contracts, and strengthen control over creatives and segmentation to enter into force with closed compliance frameworks. Monitoring interpretative criteria, DGOJ resolutions, and potential judicial rulings will be decisive to establish the practical application of the new advertising standard in Spain.

Tags: Spain, advertising, Loyra, DGOJ