The Ministry of Consumer Affairs of Spain has ordered the DGOJ to launch a public consultation on the Gambling Regulation Act (Law 13/2011), which could restrict the use of influencers in ads.
The Directorate General for the Regulation of Gambling (DGOJ) has been instructed to gather feedback on proposed reforms designed “to modernise gambling laws in response to the growth of online gambling and new technologies”.
The consultation will be available to the public until 22 June 2026. Feedback is required on the proposed reforms, which could restrict gambling operators from using celebrities, personalities and influencers in gambling ads and customer acquisition promotions.
Furthermore, restrictions on organic search engine advertising may also be reviewed by the consultation.
Forming part of its Agenda 2030, the Ministry of Consumer Affairs will continue to review and propose new federal commands on gambling infractions.
Back to drawing board on celeb ban
The ban on influencer and celebrity endorsements was originally due to be sanctioned under the Royal Decree on Advertising, which imposed a new federal code on media. This included a ban on welcome bonuses and restricting gambling advertising on TV and radio to between 1am and 5am.
However, the measure was challenged at the Supreme Court by Spain’s online gambling trade body Jdigital, which in 2024 successfully argued there was an oversight by the DGOJ and the influencer/ celebrity endorsement ban lacked sufficient legal basis under an assessment to improve the restriction as part of a package of federal laws.
The DGOJ has returned to the mandate, in which it has widened demands to include gambling offers appearing in searches only when users are directly searching for betting or gambling-related terms.
The reform is designed to modernise Spain’s 15-year-old gambling law and adapt it to better cater to the expansion of online gambling and digital marketing channels.
The wider objective is to strengthen consumer protection, improve prevention measures and provide stronger tools against illegal gambling. The consultation forms part of a broader gambling harm prevention strategy by Spain’s Ministry of Consumer Affairs.
Spain confirmed its new mandatory problem gambling detection algorithm will be rolled out across all licensed operators.
The reform forms part of a new technology-led initiative being developed by the DGOJ to improve security, control and prevention measures within the gambling sector. Among the key measures already introduced are:
- The implementation of an automated algorithm designed to detect risky gambling behaviour patterns at an early stage.
- The creation of a Joint Deposit Limits System to prevent users from bypassing restrictions by switching between platforms.
- The Protocol for Action on Identity Fraudulent Taxpayers (PACS), developed alongside security forces and the Spanish Tax Agency.
- The launch of the ‘Stop Juego’ mobile application, designed to facilitate voluntary self-exclusion and the immediate blocking of gambling access.
- The introduction of new advertising warnings focused on operators’ financial benefits rather than solely on individual responsibility.
The DGOJ has maintained the technical changes will apply some of the strictest controls and surveillance standards on gambling licences of any EU member state.
However, the authority is vague on how its proposed technical controls will be implemented, with the majority still under beta testing.
In March, DGOJ director general Mikel Arana provided the first update on the technical measures, revealing that the proposed monitoring system targets more than 60 behavioural and transactional variables in real time.
The algorithm has yet to be tested in a live environment. The DGOJ has instructed operators to prepare for implementation in the coming months, though no technical details have yet been submitted to licensees regarding the integration of gaming and compliance platforms.
