On 29 January 2021, the Kemp Little team joined Deloitte Legal. Click here to view the press release.

As of 30 January 2021, Kemp Little LLP ceased to operate as a firm of solicitors and practice law and ceased to be regulated and authorised by the Solicitors Regulation Authority.

Kemp Little LLP has been re-named KL Heritage LLP.

If you are looking to contact a specific individual to seek legal advice or in respect of any other business relationship, please contact Deloitte Legal.

If you are seeking to contact the old Kemp Little LLP in relation to a previous business relationship or matter, please get in touch with KL Heritage LLP.

For enquiries relating to Kemp Little technology products and training portal, please email deloittelegal@deloitte.co.uk

 


 

Kemp Little is a trade name used under licence by KL Heritage LLP (formerly Kemp Little LLP, registered number OC300242 and VAT number 182 8854 65).

On 29 January 2021, the Kemp Little team joined Deloitte Legal.  As of 30 January 2021, Kemp Little ceased to operate as a firm of solicitors and practice law. From this date Kemp Little ceased to be authorised and regulated by the Solicitors Regulation Authority and is being re-named KL Heritage LLP.

All references to Kemp Little herein are references to KL Heritage LLP, which used to carry on business in that name.

KL Heritage LLP is not connected to or associated with Deloitte Legal or Deloitte LLP in any capacity.

 

Kemp Little
  • Looking for someone?
  • Email us
  • Search
MENU MENU
Insights overview

Commercial technology · 7 August 2017 · Susan Biddle

Gambling Advertising: The Gambling Commission’s revised enforcement strategy

The spotlight continues to fall on gambling advertising. All operators must comply with licence conditions and codes of practice which require them to make clear… Read more

more content below

The spotlight continues to fall on gambling advertising. All operators must comply with licence conditions and codes of practice which require them to make clear any conditions which apply to promotions and to comply with the Advertising Standards Authority’s CAP and BCAP codes of practice. Recent rulings by both the Gambling Commission and the Advertising Standards Agency (ASA) have made clear that compliance is an issue for both gambling operators and their affiliates and marketing agencies.

In May, BGO Entertainment was fined £300,000 for adverts which were found to be potentially misleading as they failed to make clear the conditions surrounding promotions. The fine related not only to adverts on BGO’s own website, but also to adverts which had appeared on its affiliates’ websites. BGO’s failure to take effective action to address these breaches of its licence raised doubts about its suitability to carry out its licensed gambling activities.

In February, the ASA upheld a compliant about a Lottoland radio advert which failed to make clear to players that they were betting on the outcome of lotteries, rather than participating in a lottery. In June the Gambling Commission also fined Lottoland £150,000 for failing to make this distinction clear in its third party marketing, website and social media promotions. The distinction is important because part of the proceeds of a lottery must go to good causes.

These advertising rules aren’t new – but the Gambling Commission’s approach to enforcement perhaps is. In its “Raising Standards” conference in November 2016, the Commission stressed that advertising was a focus area, operators are responsible for their affiliates’ actions, and the Commission was ready to take action, and it repeated this message at the ICE gambling expo in February.

On 5 July the Gambling Commission published its revised enforcement strategy which confirms the approach we are already seeing in practice. Three key points are:

  • The Commission will use all its enforcement powers – there is no longer a bias towards settlement, so licence reviews are more likely.
  • Consumers must be treated fairly, and advertising is a key part of this.
  • Penalties are likely to be higher, particularly for repeated failures.

The ASA published a short guide to key CAP Code requirements for gambling adverts on 21 July, and guidance on the Gambling Commission requirements is also available on the Commission’s website. It’s not only the Gambling Commission and the ASA who are interested – the Information Commissioner’s Office is concerned to ensure that marketing by operators and their advertisers complies with privacy rules. A key area for concern is whether recipients of marketing material have given the necessary consent – and requirements for consent are going to get tighter when the EU General Data Protection Regulation comes into effect in May 2018.

It is also critical that advertising meets social responsibility obligations. Gambling adverts must not be sent to under 18s (under 16s for lottery adverts), or to anyone who has self-excluded. Targeting an advert may be critical to its compliance. In May, a Ladbrokes advert using an image of Iron Man and referring to the film Iron Man 3 was found not to be irresponsible because, although the Iron Man character was likely to appeal to under-18s, the offer was sent only to people who had been validated as being over 18.

The recent decisions and enforcement strategy make clear that affiliate breaches of advertising or privacy rules may result in an operator being fined and, potentially, even losing its gambling operating licence. Gambling operators, and their affiliates, are expected to learn from the experiences of others. Operators will want to prevent their affiliates putting them in breach, and a right to compensation for loss incurred if they do. Affiliates will similarly want to know that the operator’s marketing material will not cause the affiliate a problem. Both parties will need a mechanism for ensuring that marketing lists are checked against self-exclusion lists and other targeting criteria.

  • Share this blog

  • Twitter
  • Facebook
  • Linkedin

Susan BiddleSusan Biddle is a commercial technology legal consultant

Get in touch

View the team

Sign up for our newsletters

  • Share this Blog

  • Twitter
  • Facebook
  • Linkedin

Other stuff you might like

  1. Are your offices ready for a post-lockdown return to work?
  2. Preparing for the New Normal | Webinar
  3. Retail reconsidered | KL Stores: a case study series exploring innovation in retail
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • EBA outsourcing
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • KLick Trade Mark
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
close
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • EBA outsourcing
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • KLick Trade Mark
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
Kemp Little

Lawyers
and thought leaders who are passionate about technology

Expand footer

Kemp Little

138 Cheapside
City of London
EC2V 6BJ

020 7600 8080

hello@kemplittle.com

Services

  • Commercial technology
  • Consulting
  • Disputes
  • Intellectual property
  • Employment
  • Immigration

 

  • Sourcing
  • Corporate
  • Data protection & privacy
  • Financial regulation
  • Private equity & venture capital
  • Tax

Sitemap

  • Our people
  • Insights
  • Events
  • About us
  • Contact us
  • Cookies
  • Privacy
  • Terms of use
  • Complaints
  • Debt recovery charges

Follow us

  • Twitter
  • LinkedIn
  • FlightDeck
  • Sign up for our newsletters

Kemp Little LLP is a limited liability partnership registered in England and Wales (registered number OC300242) and is authorised and regulated by the Solicitors Regulation Authority. Its registered office is 138 Cheapside, London EC2V 6BJ. The SRA Standards and Regulations can be accessed by clicking here.

  • Cyber Essentials logo
  • LORCA logo
  • ABTA Partner+ logo
  • Make Your Ask logo
  • FT Innovative Lawyers 2019 winners logo
  • Law Society Excellence Awards shortlisted
  • Legal Business Awards = highly commended
  • Home
  • Our people
  • Services
    • Business restructuring and reorganisation
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Digital content & reputation risk
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
    • Travel
  • Resources
  • Insights
  • Covid 19: Your Business Continuity
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn
close
close
close

Send us a message

Fill in your details and we'll be in touch soon

[contact-form-7 id="4941" title="General contact form"]
close

Sign up for our newsletter

I would like to receive updates and related news from Kemp Little *

Please select below any publications that you would like to receive:

Newsletters

close

Register for future event information

[contact-form-7 id="4943" title="Subscribe to future events"]
close
close
Generic filters
Exact matches only

Can't remember their name? View everyone

  • Home
  • Our people
  • Services
    • Business restructuring and reorganisation
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Digital content & reputation risk
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
    • Travel
  • Resources
  • Insights
  • Covid 19: Your Business Continuity
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn