A day after its publications in the BOE, the RD 958/2020 that regulates advertising in gambling comes into force.
About sponsorship and advertising in gambling
At Araua RegTech we have summarized the most important points of this RD. It must also be considered there are several exceptions. In addition, compliance terms of some sections included in the RD vary, depending on the existence of previous advertising contracts.
It is strictly forbidden the sponsorship, using name, brand or commercial denomination, in sports facilities, training centers, teams, sports competitions, t-shirts and other sports equipments.
It is strictly forbidden promotions to attract new customers, whatever the promotion conditions.
Promotions can only be offered to customers who have been documented and have a gaming account open for, at least, 30 days.
It is strictly forbidden the presence of well known persons or influencers taking part in commercial communications.
Commercial communications during sports, horse-riding or other competitive broadcasts are limited to the time range from 01:00 am. to 05:00 am.
About Responsible Gaming & Underage Gambling
In addition, RD 958/2020 of the regulation in advertising in gambling includes several obligations for gambling operators based on “Responsible Gaming” or “Safe Gaming”.
Gambling operators web portals and mobile applications must have a direct link to information about “Responsible Gaming” or “Safe Gambling”. In addition, they must enable a phone service to inform and assistance customers regarding safe gambling.
Gambling operators must define protocols and mechanism that allow detecting registered users risky behaviors (behavior patterns).
Gambling operators must designate a responsible for safe gambling who will be act as a liaison between operator company and regulators. Besides, He/She must ensure compliance with the policies around responsible gambling.
Finally, RD 958/2020 includes the obligation to implement the necessary protocols and controls to guarantee the right of citizens to be prohibited from participating in gambling activities.
We do not mention in this analysis the obligation to establish the necessary controls to prevent minors from accessing gambling activities and whose problems we have already dealt with in this article.