Spain reinstates federal drive to prohibit gambling influencer promotions

(AsiaGameHub) –   Spain’s Ministry of Consumer Affairs has directed the Directorate General for the Regulation of Gambling (DGOJ) to initiate a public consultation regarding proposed amendments to the nation’s Gambling Regulation Act (Law 13/2011).

The DGOJ has been tasked with collecting feedback on reforms intended to “modernise gambling laws in response to the growth of online gambling and new technologies.”

This public consultation will remain open until June 22, 2026. Feedback is sought on proposed changes that would prohibit gambling operators from utilizing celebrities, public figures, and influencers in their advertising and customer acquisition efforts. Additionally, the consultation will examine restrictions on “organic search engine advertising.”

As part of its Agenda 2030, the Ministry of Consumer Affairs will continue to review and propose new federal directives concerning gambling-related infractions.

Revisiting the ban on celebrity endorsements

The prohibition on influencer and celebrity endorsements was initially slated for inclusion in the Royal Decree on Advertising, which established a new federal code for media, including a ban on welcome bonuses and limiting gambling advertisements on television and radio to the hours between 1 am and 5 am.

However, this measure was contested in the Supreme Court by Jdigital, Spain’s online gambling industry association. In 2024, Jdigital successfully argued that the DGOJ had circumvented oversight and that the ban on influencer/celebrity endorsements lacked a sufficient legal foundation when assessed as part of a broader package of federal laws aimed at improving restrictions.

The DGOJ is now revisiting this mandate, expanding its scope to include a requirement that gambling offers only appear in search results when users are specifically searching for betting or gambling-related terms.

The reform aims to update Spain’s 15-year-old gambling legislation and better accommodate the expansion of online gambling and digital platforms.

The overarching goal is to enhance consumer protection, bolster prevention strategies, and provide more robust tools to combat illegal gambling. This consultation is a component of a wider gambling harm prevention strategy by Spain’s Ministry of Consumer Affairs.

Spain has confirmed that its new mandatory algorithm for detecting problem gambling will be implemented across all licensed operators.

This reform is part of a new technology-driven initiative being developed by the DGOJ to improve security, control, and prevention measures within the gambling sector. Key measures already introduced include:

  • The deployment of an automated algorithm designed for the early detection of risky gambling behavior patterns.
  • The establishment of a Joint Deposit Limits System to prevent users from circumventing restrictions by switching between different platforms.
  • The Protocol for Action on Identity Fraudulent Taxpayers (PACS), developed in collaboration with law enforcement and the Spanish Tax Agency.
  • The launch of the “Stop Juego” mobile application, which facilitates voluntary self-exclusion and the immediate blocking of access to gambling.
  • The introduction of new advertising warnings that emphasize operators’ financial benefits rather than solely focusing on individual responsibility.

The DGOJ asserts that these technical changes will implement some of the most stringent controls and surveillance standards for gambling licenses among EU member states.

Nevertheless, the authority has provided limited details on the implementation of its proposed technical controls, with most still undergoing beta testing.

In March, DGOJ Director General Mikel Arana offered the first update on the technical measures, stating that the proposed monitoring system analyzes over 60 behavioral and transactional variables in real time.

The algorithm has not yet been tested in a live operational environment. The DGOJ has instructed operators to prepare for its implementation in the coming months, although no technical specifications regarding the integration of gaming and compliance platforms have yet been shared with licensees.

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