Denmark Seeks EU Review of Stricter Gambling Advertising Rules

Denmark has formally submitted proposed new controls on gambling advertising to the European Commission for scrutiny, as part of an effort to expand the regulatory and enforcement powers of the country’s gambling watchdog.

On 13 January, Spillemyndigheden, Denmark’s Gambling Authority, filed a notification with the European Commission’s Technical Regulation Information System (TRIS), triggering the EU’s mandatory review procedure for draft technical regulations. The process requires Member States to alert the Commission to proposed laws that may affect the internal market, allowing the EU and other national authorities to assess whether the measures comply with competition rules, proportionality requirements and broader EU standards before they are adopted.

The TRIS procedure enables both the Commission and fellow Member States to examine the compatibility of national legislation in advance, ensuring that it does not create unjustified barriers within the single market.

Through this notification, Spillemyndigheden has effectively opened a consultation on a set of expanded supervisory and enforcement powers contained within draft amendments to Denmark’s proposed Marketing and Advertising Law. While the legislation has not yet received final approval from the Folketinget, the proposed overhaul of Denmark’s marketing and advertising regime appears to enjoy wide political backing, with ministers broadly supportive of introducing sector-specific restrictions aimed at gambling advertising.

The new law is scheduled to take effect from 2027 and is designed to substantially curb the volume of gambling advertising across Danish media. It would also introduce additional protections to ensure that gambling promotions are targeted solely at adults aged 25 and over.

One of the central proposals is the introduction of a so-called “whistle-to-whistle” ban, which would prohibit all gambling advertising during live sports broadcasts, beginning 10 minutes before kick-off and lasting until 10 minutes after the final whistle. The draft legislation would also prevent gambling marketing from presenting gambling as a lifestyle choice, alongside a comprehensive ban on endorsements by celebrities, athletes and social media influencers across all forms of media.

For land-based advertising, the proposals include a prohibition on gambling promotions within 200 metres of schools and youth education facilities, as well as a ban covering public transport systems and surrounding areas.

Rules governing social media marketing and affiliate advertising are still being developed, with further guidance expected as the legislative process progresses.

In its submission to TRIS, Spillemyndigheden has asked the European Commission to assess proposed new supervisory tools that would broaden its authority across media and marketing channels. These include the creation of a clear legal basis for blocking illegal gambling advertising associated with operators that are not licensed under Denmark’s Gambling Act.

The draft law would also strengthen the Authority’s enforcement capabilities by expanding its sanctioning powers. This would involve setting out clearer principles and criteria for calculating financial penalties and explicitly confirming Spillemyndigheden’s ability to issue administrative injunctions in response to regulatory violations.

In relation to land-based gambling, the Authority has additionally sought guidance on whether it may revise how certain gambling categories are interpreted under the Danish Gambling Act of 2012. This includes proposals to merge the existing classifications for gaming shops and gaming halls into a single, simplified regulatory framework for industry stakeholders.

Oversight of the final stages of the legislative process will be led by Denmark’s newly appointed Tax Minister, Ane Halsboe-Jørgensen, who has publicly expressed support for stronger safeguards to protect young people and consumers in Denmark.

The scope of the reforms has limits, however. The Folketinget has already dismissed proposals for a comprehensive ban on gambling advertising and sports sponsorship, measures that are no longer eligible for consideration under the current legislative process.

The European Commission has set a standstill deadline of 14 April to deliver its response to Spillemyndigheden’s TRIS notification.

By fLEXI tEAM