Gaming Advertising Regulation in Belgium

In Belgium, approximately 100,000 people suffer from a confirmed gambling addiction, while an additional 380,000 individuals exhibit at-risk gambling behaviors, according to official estimates.

These figures suggest that nearly 5% of the adult population is directly or indirectly affected by gambling-related issues and increase dramatically. Young men are particularly vulnerable.

1. Belgian applicable legal framework to gaming advertising and sponsorship

It is for this reason that Belgium has implemented stringent regulations governing gaming and more particular on its advertising.

Land-based and online games of chance are governed by the Belgian Federal Act of 7 May 1999 on games of chance, betting, gaming establishments and player protection as amended by the Act of 18 February 2024 (“Gaming Act”).  This legislation is founded on the principle that the operation of games of chance is generally prohibited, with exceptions made through a licensing system managed by the “Commission des Jeux de Hasard” / “Kansspelcommissie” (“Gaming Commission”).

The Gaming Act is implemented by several Royal Decrees among which the Royal Decree of 27 February 2023 determining the conditions for advertising games of chance (“Gaming Advertising Regulation”).

The Gaming Act provides for a general prohibition to advertise games of chance, except in the expressly authorised cases.

For the purposes of the law the Gaming Act broadly defines the advertising as “any form of communication intended, directly or indirectly, to promote or encourage games of chance, regardless of the location, communication methods used, or techniques employed. The display of a brand name or logo, or both, is also considered advertising”. The Gaming Advertising Regulation proposes a similar definition, aligning itself with Article I.8, 13° of the Code of Economic Law: “any communication with the direct or indirect aim of promoting the sale of products, regardless of the place or the means of communication used”. Sponsorship of sporting events, as well as the display of a trademark, logo, or both, is treated in the same way as advertising.

As a rule, only licensed operators under Belgian law may engage in limited forms of advertising, and even those are strictly regulated.

More specifically, all advertising for licensed games of chance—both land-based and online—is generally prohibited, except when expressly authorized, notably in the following cases:

• incidental advertising, such as coverage of foreign sporting events where gaming advertising is still allowed, in connection with the coverage of sports competitions and events. 

• Sports sponsorship remains authorised for non-professional sports associations and for professional sports associations until 31 December 2027 only through the display of the brand name and/or logo on the sports clothing of players, excluding underage players, and sports teams.

Sports clubs are no longer allowed to promote gaming companies in their stadiums. This means that banners, posters, advertising panels, or commercials from gaming companies are no longer allowed.

• Online licence holders can only advertise on their own website and their own social media accounts, provided that: (i) no interaction is permitted in connection with this advertising; (ii) no compensation is offered to a third party for advertising; and (iii) the duration of any advertising using moving images does not exceed five seconds.

• Strict conditions apply to all permitted gaming-related communications. They must not specifically target socially vulnerable individuals. Personalised messaging is not allowed. Featuring real or fictional persons is prohibited. Each message must clearly state the minimum age required to participate and include a preventive warning.

2. Potential Sanctions

While the Gaming Advertising Regulation itself does not explicitly enumerate specific sanctions for violations of advertising prohibition, the Gaming Act, provides for various penalties.

Notably, unauthorized advertising of games prohibited may result in fines which range, depending on the severity of the offense, from € 208 to € 576,000.

Please note that natural persons and those involved in the management or representation of legal entities or partnerships without legal personality may be held jointly and civilly liable for penalties related to such violations and can be directly summoned before the criminal court by the public prosecutor or a civil party.

The penalties can be doubled in case of repeat offense within five years following an infringement of the Gaming Act or its implementing regulations and/or when the offense is committed against a person under twenty-one.

Belgian authorities and/or the event promoter may request removal or covering of logos while affected parties may pursue civil actions for damages resulting from unauthorized advertising and injunctions to prevent further violations.

In all cases, the assets concerned may be confiscated.

The Gaming Commission may impose administrative fines in similar amounts.

The Gaming Commission monitors compliance with the advertising rules in the Gaming Act and the implementing regulations. However, the Gaming Advertising Regulation does not provide any guidance as to how the Gambling Commission will control the compliance with the rules it set out.

3. Belgian Sport and Gambling Industries: reactions and perspectives

Since its publication in and even prior to that, the Gaming Advertising Regulation has caused significant controversy, particularly within the Belgian gambling industry and the sports world, which is heavily dependent on sponsorship deals with gambling companies.

The ProLeague, which represents top-tier football clubs, numerous sports clubs, as well as representatives from various sports disciplines along with several gambling companies, have filed legal actions in courts across Belgium.

Their argument is that a total ban on gambling advertising does not effectively protect fans from gambling addiction but rather pushes them toward unlicensed providers, where there is no oversight or consumer protection.

European regulations complicate matters. According to the principle of free movement of services, an operator licensed in one EU member state is allowed to advertise in other EU member states. The European Court of Justice has ruled that Belgium cannot treat an EU-licensed foreign operator differently from a Belgian operator without violating EU law. This means that while Belgium may impose restrictions on local operators, it cannot prohibit or impose stricter regulations on foreign operators who are licensed in other EU member states. Such actions would conflict with the principle of free movement within the European Union.

Gambling laws in Belgium may continue to evolve due to strong pressure from powerful lobbying groups and European regulations. The outcome has yet to be determined, leaving the industry facing uncertainty.

In the meantime, sport and gambling industries must navigate a complex regulatory environment, requiring careful strategic planning, legal compliance, and adaptive marketing techniques.

They are adopting several strategic approaches:

• shifting from gambling-specific branding to broader marketing strategies: with the ban on direct gambling advertising, companies are increasingly using indirect advertising by promoting other aspects of their brand. This approach helps maintain brand visibility without violating advertising restrictions. An F1 team sponsored by a gaming company without a licence in Belgium found itself in a difficult position when racing in the country, due to the prohibition on gambling advertising. To circumvent the ban, the team replaced the gaming company’s branding with that of a subsidiary operating a streaming platform that features numerous influencer videos promoting gambling on the parent company’s website. However, this tactic did not go unnoticed. The Gaming Commission fined the F1 team, considering the use of the subsidiary’s branding as a deliberate attempt to bypass the advertising restrictions.
• tailoring sponsorships to market conditions: sponsorship deals are being customized based on specific market regulations. This allows companies to maximize impact while staying compliant with local rules.
• collaborating with regulators: establishing open and cooperative relationships with regulators is essential. Through close collaboration, the industry can better anticipate legal changes, contribute to responsible policymaking, and ensure compliance that safeguards both consumers and business interests.
• focusing more on digital platforms and streaming services for branding efforts. This strategy enables to reach wide audiences without directly violating the advertising prohibition that restrict physical branding at events.
• Leveraging social media influencers. This has become a popular way for sponsors to promote their brands indirectly. While influencer marketing can sometimes bypass advertising restrictions, it remains subject to regulatory oversight.

4. Conclusion

The Belgian Gaming Advertising Regulation clearly reflects a strong prohibitive approach aimed at protecting public health and vulnerable populations from the risks associated with gambling. While this strict stance has generated tensions with the sports and gambling industries, as well as legal challenges linked to European law, it underscores the priority given to addiction prevention and reducing gambling visibility. In this complex and evolving legal landscape, operators must exercise heightened vigilance, adapt their strategies, and closely cooperate with authorities to ensure compliance amid increased regulatory scrutiny.