EU Digital Fairness Act proposal would reach gambling operators
The proposal would give consumers controls over some notifications and engagement features. Gambling licensing would remain a national responsibility.
Key points
- The European Commission adopted the proposal on 11 November 2026.
- Gambling operators would not have a general exemption from the proposed consumer rules.
- Some services would need to let consumers switch off notifications and engagement features.
- Commission investigations could lead to fines of up to 6% of worldwide annual turnover.
The European Commission has proposed digital consumer protection rules that could affect gambling websites and apps across the EU, while leaving licensing and market access under member states’ control. It adopted the Digital Fairness Act proposal on 11 November 2026.
The proposal covers online design, influencer marketing and personalized advertising, among other practices. It contains no general exemption for gambling operators, according to European Gaming.
Services designed to encourage compulsive or excessive use, or reasonably expected to do so, would have to provide tools allowing consumers to switch off certain features individually or together. These include autoplay, some notifications, rewards for regular engagement and features that simulate interpersonal relationships.
The proposal also addresses paid-for variable reward systems, with examples including loot boxes, wheels of fortune and collectible card packs. Traders offering such systems would have to disclose the probability of each reward and provide an option to switch them off. The proposal does not specify how its definition relates to licensed gambling products.
Influencer content would have to carry an advertising or commercial collaboration label, and influencers could not promote products whose advertising is banned under EU or national law. The proposal would also ban ad targeting based on profiling that uses special categories of personal data under the GDPR, including health data.
Member states would set penalties. For widespread infringements handled through coordinated consumer protection enforcement, maximum fines would have to be at least 4% of annual turnover in the countries concerned, or at least €2 million if turnover figures were unavailable. The Commission could fine up to 6% of worldwide annual turnover when it investigates a case itself under the revised Consumer Protection Cooperation Regulation.
The proposal goes to the European Parliament and the Council. It would apply 12 months after entering into force, with the start date depending on the negotiations.
Sources
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