SPAIN Trends and Developments Contributed by: Alla Serebrianskaia, Marta de Francisco, Sara Lao and Laura Llorca, Asensi Abogados
is expected to be published in the Spanish Official Gazette in the coming months. The draft law seeks to reintroduce several prohibi- tions that were annulled, particularly those related to the use of public figures, promotions and bonuses, and advertising in audiovisual and online media. In addition, the new law aims to strengthen consumer protection obligations, requiring operators to ensure that all commercial communications are transparent, socially responsible, and do not exploit vulnerable individuals, such as minors or problem gamblers. The text also envisages tighter rules on customer informa- tion and complaint handling, extending compliance duties to the entire customer relationship process, including marketing and promotional activities. In our view, this remedy is legally insufficient, since many of the annulled provisions were invalidated due to their disproportionate impact on the free enterprise right. Therefore, although it seems not to be the legis- lature’s intention, the content of such limitations would need to be reconsidered and redrafted. In addition to the above, on 16 October 2025, the Min- istry of Social Rights, Consumer Affairs, and Agenda 2030, through the DGOJ, announced the start of the public consultation period prior to the adoption of a Resolution establishing mandatory technical specifi- cations for two warning messages that online gam- bling operators must include in all commercial com- munications. These messages will concern: • the harmful effects of gambling addiction or risky behaviour on the part of the user; and • the prohibition on participation by minors. These messages will have the form of a warning sign about the risks of this activity and will have the same format as the warnings already displayed on cigarette packs. The new Resolution will develop Royal Decree 958/2020, which regulates commercial communica- tions for gambling activities, with the aim of requir- ing operators to include one of the following three messages on both their websites and in their online advertising:
• gambling addiction is a risk of gambling; • the probability of being a player who loses money is 75%; and • the total losses of all players exceed their winnings by four times. At the regional level, the land-based gambling sector is still implementing certain changes aimed at rein- forcing the protection of vulnerable individuals and tightening advertising controls. In this regard, it is worth mentioning the new regulations from the Canary Island government that has recently prohibited minors and persons with disabilities from using gaming and amusement terminals with prizes and from participat- ing in regulated betting and gaming activities. While the restrictions for minor are understandable, this pro- vision regarding persons with disabilities could poten- tially violate their rights. In addition, on 16 October 2024, the CJEU issued a landmark judgment affirming the regulatory powers of the Generalitat Valenciana to impose restrictions on gambling, provided that such measures comply with the principles of suitability, necessity and pro- portionality. The CJEU concluded that Article 49 TFEU (Freedom of Establishment) does not preclude the restrictive measures adopted by the regional govern- ment, as long as the High Court of Justice of Valencia (TSJCV) verifies that they are appropriate and propor- tionate to achieving public interest objectives such as consumer protection, public health, and the preven- tion of gambling addiction. The contested regional measures include minimum distance requirements, the prohibition on renewing operating licences for Category B terminals (gaming terminals with prizes) in hospitality venues, and a five-year moratorium on new gambling venue licences. The court further noted that these restrictions can be justified as coherent and proportionate measures to prevent the overexposure of vulnerable groups to gambling and to curb the rapid proliferation of gambling venues in the region. Given the above advertising landscape, it seems that, in the coming years, one of the main battlegrounds for operators will be defending their right to advertise in order to differentiate themselves from illegal gambling.
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