European Lotteries Calls for Gambling Sector Exclusion from New Digital Regulation

European Lotteries (EL) has expressed its support for the European Commission's objective of strengthening fairness and consumer protection in digital markets. However, the organization warned that the Digital Fairness Act (DFA) must take into account the specific nature of lotteries and gambling activities while respecting the regulatory frameworks already established across European countries.

In a statement published on November 11, 2026, in Brussels, the organization stressed that the proposed legislation must recognize the particular characteristics of the gambling sector and preserve Member States' powers to organize and regulate their respective markets.

National Gambling Regulation and EU Competences

European Lotteries recalled that the Court of Justice of the European Union (CJEU) has repeatedly recognized the specific nature of gambling activities, as well as their social, cultural and moral implications.

The organization also highlighted that the Court acknowledges the broad discretion enjoyed by Member States in organizing and regulating their gambling markets, including determining the appropriate level of consumer protection according to their national circumstances.

In this regard, European legislation already provides for a differentiated approach to the sector, explicitly excluding gambling activities from the scope of both the Services Directive and the E-Commerce Directive.

According to EL, this approach is also consistent with the principle of subsidiarity, under which gambling markets are organized and regulated at Member State level, within the limits of EU law.

Consumer Protection and the Fight Against Illegal Gambling

The organization pointed out that consumer protection in digital environments is already addressed by several European regulations, including the Unfair Commercial Practices Directive, the General Data Protection Regulation (GDPR), the Audiovisual Media Services Directive and the Digital Services Act (DSA).

These provisions operate alongside comprehensive national gambling frameworks that establish requirements for licensing, operations, advertising, responsible gambling and the protection of minors and vulnerable consumers.

For this reason, European Lotteries believes that the priority should be to ensure the effective implementation and enforcement of existing regulations.

The organization also warned that the gambling market faces significant challenges from illegal operators. While licensed companies, including lotteries, are subject to strict national controls, illegal operators operate outside these frameworks and disregard the rules designed to protect consumers.

In this context, introducing additional horizontal obligations could increase the regulatory burden on compliant operators without effectively addressing the players that pose the greatest risks to consumer protection.

EL Calls for Effective Enforcement of Existing Rules

Commenting on the organization's position, Piet Van Baeveghem, Secretary General of European Lotteries, stated:

“Consumer protection must remain the priority. However, in the gambling market which is affected by illegal activities, adding further obligations for licensed operators is no substitute for effective enforcement against those operating outside the law.

The focus must be on making full use of the safeguards already in place, including through the Digital Services Act and the responsibilities it places on digital intermediaries. This requires a shared commitment from all relevant stakeholders to ensure that existing rules are effectively implemented and enforced.”

European Lotteries Addresses the European Parliament

As the legislative process moves forward, with the proposal set to be examined by the European Parliament and the Council, European Lotteries has called on co-legislators to explicitly exclude lotteries and gambling services from the scope of the Digital Fairness Act.

The organization believes that any new EU legislation should complement existing national safeguards rather than duplicate or undermine them.

It also emphasized the importance of preserving each Member State's ability to determine the level of consumer protection best suited to the specific characteristics of its own market.