"More obligations for legal operators do not replace prosecuting illegal gambling": European lotteries respond to Brussels' new digital law

Brussels has made a move and European lotteries have responded in a matter of hours. On November 11, the European Commission presented its proposal for a Digital Fairness Act, which the Commissioner for Consumer Protection, Michael McGrath, describes as "the most ambitious reform of EU consumer protection rules in a generation". On the same day, European Lotteries, the association that brings together Europe's state and national lotteries, called for gambling to be left out of the new rule.

The Commission's proposal wants the consumer to be as protected on the internet as in a physical store. Among its measures are the prohibition of design techniques that manipulate the user, the possibility of disabling addictive functions and the prohibition of minors from accessing "game-like" mechanics, such as paying to win or to advance in a video game. In addition, the Commission will be able to directly investigate large cases and fine up to 6% of a company's global turnover . The text now goes to the European Parliament and the Council.

European Lotteries shares the objective, but warns that gambling is not just another sector. The association recalls that the Court of Justice of the European Union has always recognised the particular nature of gambling and the wide margin of each State to regulate it. It also points out that the European directives on services and e-commerce expressly exclude gambling. And it recalls that the digital consumer is already protected by several European regulations, including the Digital Services Act, to which are added national regulations on licensing, advertising, responsible gambling and protection of minors. Spain, for example, has its own framework for online gambling.

The central argument boils down to one idea: the problem is not with who complies. "Consumer protection must remain the priority. However, in a gambling market affected by illegal activities, adding more obligations to licensed operators is not a substitute for effective enforcement of the law against those operating outside of it," says European Lotteries Secretary General Piet Van Baeveghem. According to him, the key is to "make the most of the safeguards that already exist", including the responsibility that the Digital Services Act imposes on digital intermediaries.

That is why the association is calling on European lawmakers to expressly exclude lotteries and gambling from the scope of the new law. Any European regulation, it argues, must "complement, and not duplicate or weaken" national safeguards, and respect the ability of each country to set the level of protection that its market needs.

This is not the first time that European lotteries have focused on illegal gambling as the main threat to the consumer. They already did so this year together with the World Lottery Association, when they analysed predictive markets, artificial intelligence and illegal gambling in sports betting, and at the Lausanne seminar on the integrity of the lottery sector. Now the negotiation begins in Brussels, and the sector will be very attentive. We will continue to tell you.

SEE: European Commission, press release IP/26/2407 of 11 November 2026 and text of the proposed Digital Equity Act. European Lotteries, press release of 11 November 2026.