White Paper knowledge hub
Melanie Ellis, Partner
This gambling regulatory update is a special edition focusing on the UK Government's White Paper on gambling reform, published in April 2023, and the developments since that White Paper.
We summarise the key changes for both gambling operators and the sports industry, expected timings for implementation, as well as highlight some aspects that didn't make it into the White Paper.
Overall, the White Paper takes a reasonably balanced approach to minimising harm for vulnerable customers whilst allowing others to continue to enjoy gambling responsibly. Many of the proposals and the detail of any new restrictions and requirements remain subject to consultation, or legislation which needs to be put forward by the new Labour government.
Background
This White Paper represents the first major overhaul of gambling laws in over 17 years.
Since the Gambling Act 2005 came into force, the entire betting and gaming industry has been completely transformed by the increasing shift from bricks & mortar to online gambling.
A review of the legislation has therefore long been on the cards and the Gambling Act review commenced in December 2020, with the aim of ensuring gambling regulation is "fit for the digital age".
After numerous delays linked to multiple changes in Prime Minister and Secretary of State for Culture Media and Sport, the White Paper was finally published in April 2023, to kick off reform of gambling laws in Great Britain.
Upcoming
January 2025
RTS changes for online games other than slots come into force.
February 2025
Lower trigger of £150 for financial risk checks come into force for online operators.
Early 2025
Gambling Commission response to Autumn Consultation, including customer led tools and limiting wagering requirements.
Early 2025
New Gambling Commission consultations on gaming machine requirements and how online deposit limits are made available.
May 2025
Changes to direct marketing rules come into force.
2025
Government consultation on harmonising remote gambling taxes.
End of 25/26 football season
Front of shirt sponsorship restriction comes into force in the Premier League.
Gambling Commission potential fee increases
Given the range of new regulations to monitor and enforce, a review was proposed of the fees payable by gambling operators to the Gambling Commission (the regulator of gambling in Great Britain), with a strong likelihood that fees will be increased (and there are plans to make it easier for the Gambling Commission to increase fees without legislation).
What isn't in the White Paper
- Football shirt sponsorship restrictions: the agreement by Premier League clubs to withdraw gambling sponsorship from the front of matchday shirts will come into force at the end of the 2025/26 season. In light of the development of the new football code of conduct for gambling sponsorship, the White Paper does not include any measures on this issue. Read more here on the impact of this White Paper on sport.
- Loot boxes: the White Paper does not propose any measures to restrict the offering of loot boxes in video games, either by extending the definition of gambling or imposing separate restrictions. However, a Government call for evidence resulted in the formation of an industry working group, which created new industry-led guidance in July 2023, to be implemented over a 12 month period. The guidance includes a requirement to provide information to customers on how to play responsibility and manage spending, a requirement to design and present loot boxes in a way that promotes fair and responsible play and restrictions to prevent under 18s purchasing without parental consent. For more on this, see Melanie Ellis' article for Casino International.
- Affiliates: the White Paper does not propose any licensing regime for affiliate advertisers, but Melanie Ellis' article for iGaming summarises what affiliates need to know about the White Paper. Licensed gambling operators will continue to be held accountable for the actions of their affiliate partners.
The White Paper does acknowledge the risks of customers moving to the black market as a result of these changes.
It is welcome news that the Gambling Commission will be given additional powers, including requiring Internet Service Providers (ISPs) and payment providers to stop providing services to black market websites, but there is a question mark over the timing of these new powers and whether they will come into force to coincide with changes to stake limits.
Disclaimer
This update should not be treated as legal advice and only provides general information on the issues discussed.
