PORTUGAL Law and Practice Contributed by: Pedro Cortés and Luís Portela de Carvalho, Lektou
9.3 Key Legal, Regulatory and Licensing Provisions The key legislation governing gambling advertising includes the following. • Decree-Law No 66/2015 (RJO) – this establishes that only licensed operators may advertise or pro- mote gambling activities in Portugal and prohib- its (and criminalises) promotion of unlicensed or foreign operators. • Decree-Law No 330/90 (Advertising Code) – Article 21 establishes social-responsibility standards and spatial restrictions for gambling advertising. • Code of Conduct for Advertising of Games and Bets (SRIJ/APAN, 2019) – this constitutes a self- regulatory framework detailing good-practice principles for responsible, transparent and socially acceptable marketing of licensed gambling prod- ucts. • Decree-Law No 57/2008 – this addresses unfair commercial practices. • Law No 37/2007 – this restricts advertising of activ- ities linked to addictive behaviour. The SRIJ may issue circulars or guidance on permis- sible advertising content, including responsible-gam- bling messaging and mandatory disclosures. 9.4 Restrictions on Advertising Advertising of gambling and betting is restricted to SRIJ-licensed operators and must comply with national advertising and industry-specific standards. Advertising must be truthful, responsible and socially appropriate. Key restrictions include: • a prohibition on promoting unlicensed gambling, including indirect or affiliate promotion; • a ban on targeting or featuring minors, and restric- tions on advertising within 250 metres of schools or youth facilities, except of games (eg, lotteries) operated by the SCML; • content limits prohibiting references to gambling as a source of income, success or prestige, or encouragement of excessive play; • a prohibition on associating gambling operators with loan or credit advertising; • mandatory display of RG messages and links to the National Self-Exclusion Register (RESP); and
• sponsorships and influencer marketing must com- ply with the Code of Conduct’s transparency and moderation standards, ensuring that commercial intent is clearly identifiable and messages do not trivialise gambling. Draft law proposals under discussion aim to tighten advertising restrictions further, extending the ban to digital influencers, indirect references, and contextual marketing perceived as promoting gambling behav- iour. 9.5 Sanctions/Penalties Infringements may lead to administrative or criminal liability. The penalties are as follows. • Under the Advertising Code, fines range from EUR1,750 to EUR2,500 for natural persons and from to EUR3,500 to EUR45,000 for legal entities. • The RJO criminalises the illegal promotion of gambling by unlicensed operators, punishable by imprisonment of up to five years or a fine, applying to anyone who promotes unlicensed gambling in Portugal. • The SRIJ may issue cease-and-desist orders, suspend advertising campaigns or licences, and request blocking of websites or payment channels involved in unlawful promotion. 10. Acquisitions and Changes of Control 10.1 Disclosure Requirements There are different regimes for the land-based and online gambling, as follows. Land-Based Casino and bingo concessions cannot, in principle, be transferred. In addition, the Gaming Law mandates that, at least 60% of the share capital must be in regis- tered shares, allowing identification of all shareholders (with the change of the regime on bearer shares, now effectively all shares must be nominal). Concession- aires must notify the SRIJ of any act or transaction involving the acquisition, transfer or encumbrance of those shares within 30 days of becoming aware of it. Any acquisition of more than 10% of the capital,
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