Yet more change is afoot with conditions for operators to meet, this time in marketing practices. But who does it affect and what does it entail? David Inzani, solicitor for licensing law firm Poppleston Allen, explains it all.
New rules on direct marketing came into effect on 1 May 2025 following the Gambling Commission’s updates to the Licence Conditions and Codes of Practice (LCCP). While these changes only apply to remote operators, the land-based sector should not tune out just yet.
Under the revised Social Responsibility Code Provision 5.1.12, remote operators will be required to give customers clear, granular control over marketing communications. Specifically, players must be able to opt in to (not simply opt out of) marketing by both product type (betting, bingo and casino) and communication channel (email, SMS and phone calls). These options must be presented using unticked boxes, meaning customers must actively choose the messages they want to receive, rather than being signed up by default.
The Commission’s aim is to extend the principles of the Privacy and Electronic Communications Regulations, setting higher standards for operators in obtaining customers’ consent and ensuring that customers have greater control over the gambling marketing they receive.
The requirement applies to all new and existing customers and must be implemented by 1st May. Following the commencement date, any customer that has not set preferences in line with the new requirement must do so upon logging in for the first time. Until a customer logs in to re-set their preferences, marketing can continue as per the existing consent that has been obtained.
AGC opt-out?
Many in the industry will recall that the Commission originally proposed including land-based operators and lotteries within the scope of these new rules. However, after considering feedback from stakeholders, the Commission saw sense to exclude land-based operators and lotteries from the new provision.
The Commission’s reasoning was based on concerns over the practicality of implementing the systems in venues without account-based play and the potential negative impact on customer experience.
In the end, the scale of the task for land-based and lottery operators to comply was deemed disproportionate to the benefit afforded to customers.
Although the new direct marketing requirements do not currently apply to land-based operators, it is important to stay informed and consider the broader context and potential future developments. The Commission was clear in its response that it will continue to monitor gambling marketing and may revisit this decision if the evidence changes.
As remote operators implement more granular marketing preferences, customers’ expectations may shift across the board. Players could start looking for similar levels of control in land-based venues.This may be particularly relevant for businesses operating both remote and non-remote facilities.
At the same time, data collection is of ever-increasing importance to businesses across the spectrum. And as the level of technology adopted in physical venues increases, this can present both opportunity and responsibility. Operators would be well-advised to prepare for potential future changes and align with best practices by assessing now how customer data is collected and used for marketing purposes.
Regardless of LCCP requirements, clearly communicating marketing practices to customers and implementing voluntary measures to enhance customer choice in marketing communications can demonstrate a commitment to safer gambling.
While the immediate impact of the new direct marketing requirements is limited to remote operators, we can always expect consumer expectations to evolve with technology and regulation is likely to follow suit. Land-based operators should remain proactive and stay informed about future consultations and potential changes to the LCCP that may affect their business.
The Commission’s decision to exclude land-based operators and lotteries from the scope of the new provision highlights the importance of participating in industry discussions with evidence-based insights to shape future regulations.
Direct line to land based marketing?
David Inzani said…… “While the immediate impact of the new direct marketing requirements is limited to remote operators, we can always expect consumer expectations to evolve with technology and regulation is likely to follow suit. Land-based operators should remain proactive and stay informed about future consultations and potential changes to the LCCP that may affect their business…
