Germany: New gambling advertising rules
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Dr Joerg Hofmann is a partner at Melchers Law. He follows up his recent GI Huddle appearance with his second Gambling Insider column. The topic of gambling advertising in Germany has received a lot of attention since the introduction of the Interstate Treaty on Gambling. Operators applying for a sports betting licence must include their own marketing concept as part of their licensing procedure. Under current law, the Regional Council in Darmstadt is responsible for reviewing these concepts. However, this has been postponed until the new Joint Gabbling Supervisory Authority of Lander in Halle (Saxony-Anhalt) takes over the task.
Neither the expected advertising directive nor the corresponding framework document are yet available. Saxony-Anhalt has released some information on the future restrictions and requirements with regard to advertising for legal gambling. Non-time-controlled outdoor advertising is prohibited. Time- controlled advertising between 21:00 and 06: 00 is permitted. No advertising on radio or internet for virtual slot machine games, online poker and online casino games between 6am and 9pm daily. Advertising for umbrella brands is also prohibited between that time. The use of influencers in the context of sponsoring or advertising will be prohibited in future.
Non-time-controlled outdoor advertising is prohibited. Time- controlled advertising between 21:00 and 06: 00 is permitted. No advertising for virtual slot machine games, online poker and online casino games is allowed between 6am and 9pm daily. Advertising for umbrella brands is also prohibited between that time. The use of influencers in the context of sponsoring or advertising will be prohibited in future. The International Treaty on Gambling 2021 regulates affiliate advertising. It is expressly regulated that no variable (turnover in particular) or stake-dependent remuneration may be agreed upon or paid for advertising on the internet.
