Gamblers left out of the EU Consumer Rights Directive

The Remote Gambling Association (RGA) is committed to promoting a well-regulated industry that provides a secure environment in which consumers can enjoy their gambling in a responsible manner and where appropriate safeguards are in place.

The RGA welcomed the European Commission’s proposal for a Consumer Rights Directive, which laid down general requirements for businesses in their contracts with consumers. These safeguards were not specific to one economic activity and in the case of online gambling they would have been an efficient complement to the provisions aimed at avoiding underage and problem gambling, which are for the moment laid down at national level.

The Directive would have imposed some obligations on online gambling operators but in no way would it have afforded them unconditional and unlimited access to all national markets – at EU level, the cross-border provision of gambling services would have remained governed by Article 56 TFEU.

Unfortunately, during the negotiations, some Member States in the Council succeeded in excluding gambling from the general scope of the Directive. Such exclusion deprives players of the additional protection afforded by the Directive. It is also inconsistent with the current approach of the Unfair Commercial Practices Directive, which applies to gambling services and prohibits in all circumstances from claiming that products are able to facilitate winning in games of chance.