Input from the ECA to the Guidelines on protection of minors online under the Digital Services Act
The issue
The European Casino Association (ECA) welcomes the opportunity to provide its input and recommendations, based on the decade-long experience in the gaming industry of its members, to the Digital Services Act (DSA) guidelines for online platforms to protect minors online.
This matter is of key relevance for the ECA, as minors and vulnerable consumers should be protected against illegal and non-age-appropriate content, including those related to gambling. The ECA on this would like to present to the European Commission a clear distinction between the risk that regulated casinos and illegal gambling operators present to EU consumers. Like lotteries, casinos are currently considered a lower-risk environment (level 2)[1], as a result of the sector’s awareness of its vulnerability to issues such as money laundering and the consequent implementation of measures by casinos to mitigate these risks. More than half of the members of the ECA have both land-based and online venues, and in the latter environment, they apply the same level of security and safety as their land-based casinos, making their online venues as secure as their brick-and-mortar ones.
This cannot be said for illegal online gaming operators, who lack licenses, avoid taxation, bypass national and EU-level consumer protections, and act without any tools to fight money laundering and terrorist financing, thus presenting a high risk for consumers. These actors often rely on advertisements on platforms regulated by the DSA to target mostly vulnerable EU consumers, including self-excluded patrons and underage users. Sometimes, illegal operators even use the logos and images of licensed gaming operators to promote their illegal activities, thus making it even more difficult for consumers to distinguish between legal and illegal gaming offerings and causing irreparable damage to our members’ image (please see some examples in the Annex).
A 2024 Yield Sec study shows that such practices continue to generate revenue for illegal operators: over 70% of online gambling revenue in the EU originates from unlicensed platforms, totalling approximately €80.6 billion.
While the European Commission acknowledges the issues related to these (illicit) contents and practices on online platforms, there is a tangible risk that automated moderation or advertising restriction tools, if not properly managed, may inadvertently classify content from regulated casino operators alongside high-risk illegal gambling content, leading to undue restrictions and lower consumer trust in safe, legal options. The ECA therefore finds it important to contribute to the ongoing consultation to ensure that well-regulated, lower-risk gambling offerings such as those provided by its members are not inadvertently impacted by broader measures aimed at higher-risk content.
Our recommendations
The ECA welcomes the suggestions laid down for large platforms to shield minors from high-risk illegal content, including stricter age verification and ensuring that minors are not exposed to commercial practices and items such as loot boxes, or other products with random or unpredictable outcomes or gambling-like features. However, we believe that the current (draft) version of the guidelines falls short of providing a real solution to the problem of illegal gambling operators and their content online.
The ECA thus calls on the European Commission to include in its guidelines the following provisions that, based on the extensive experience in sustainable and responsible business practices, we believe would allow such platforms to effectively protect minors:
- Enhanced verification for gambling content publishers
By mandating stricter due diligence processes for platforms, including verifying the operators requesting to upload on their online space gambling-related content, the DSA would make it more difficult for illegal gambling operators to use their channels for advertising. Online platforms would be obligated to verify their business partners, reducing the risk of unknowingly facilitating illegal activities and advertisements.
Specifically, platforms should be required to verify that gambling advertisers hold valid licenses in EU member states where they target consumers. This should be implemented through a standardised verification protocol that includes cross-referencing national gambling regulatory databases.
In addition, platforms should introduce clear visual indicators that distinguish verified, licensed operators from unverified or unlicensed content publishers.
Benefits:
- Reduces minor exposure to illegal gambling advertising by limiting distribution channels and sources;
- Provides consumers with clear signals about which operators meet regulatory requirements;
- Aligns with DSA objectives for transparent digital advertising;
- Enhances trust in the digital gaming ecosystem by increasing accountability and traceability of advertising sources.
- Trusted flagger status for legitimate gaming organisations and national gambling authorities
Online platforms often struggle to quickly identify and remove illegal gambling content due to limited expertise in distinguishing legitimate from illegal gambling operators and content publishers. To address this challenge, the DSA should formally recognise properly established and licensed gaming organisations and research institutions as trusted flaggers.
Organisations such as the ECA, and in particular its national members, bring deep expertise in identifying illegal gambling operations and operate within highly regulated and responsible gaming environments, both online and offline. Granting trusted flagger status to recognised European industry associations like the ECA and national gambling regulatory authorities would empower platforms to act more swiftly and accurately when moderating gambling-related content.
Benefits:
- Enables faster identification and removal of illegal gambling content;
- Leverages existing industry expertise to enhance platform content moderation;
- Improves coordination between platforms, regulators, and the gambling sector for more effective enforcement;
- Supports the DSA’s objective of reducing systemic risks and improving content governance.
[1] 27.10.2022 COM(2022) 344 final: eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52022DC0554