Harris Hagan https://www.harrishagan.com/ Top Ranked Gaming Law Firm in London Fri, 24 Jul 2026 16:46:56 +0000 en-GB hourly 1 https://www.harrishagan.com/wp-content/uploads/2024/09/cropped-FAVICON-copy-32x32.jpg Harris Hagan https://www.harrishagan.com/ 32 32 231561190 Gambling Commission confirms destination of regulatory settlement money https://www.harrishagan.com/gambling-commission-confirms-destination-of-regulatory-settlement-money/ Fri, 24 Jul 2026 16:46:09 +0000 https://www.harrishagan.com/?p=4051 Following the Gambling Commission’s consultation in February on the destination of future regulatory settlements, the background to which is discussed in our previous blog, the Gambling Commission confirmed on 22 July 2026 that future regulatory settlements will be paid into the Government’s Consolidated Fund. The Consolidated Fund serves as the UK Government’s primary account for receiving the proceeds of taxation and other government receipts. Considering the new statutory levy arrangements, this decision is intended to […]

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Following the Gambling Commission’s consultation in February on the destination of future regulatory settlements, the background to which is discussed in our previous blog, the Gambling Commission confirmed on 22 July 2026 that future regulatory settlements will be paid into the Government’s Consolidated Fund. The Consolidated Fund serves as the UK Government’s primary account for receiving the proceeds of taxation and other government receipts.

Considering the new statutory levy arrangements, this decision is intended to prevent the emergence of a dual funding structure and to avoid duplicating work already supported by the statutory levy.

As a result, Section 2.39 of the Gambling Commission’s Statement of principles for determining financial penalties has been amended to confirm that payments made in lieu of a financial penalty as part of a regulatory settlement will now be paid into the Consolidated Fund in the same way as financial penalties imposed under section 121 of the Gambling Act 2005.

Next steps

Please get in touch with us if you have any questions about regulatory settlements.

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DCMS Launches Consultation on Unlicensed Gambling Advertising and Sponsorship Ban https://www.harrishagan.com/dcms-launches-consultation-on-unlicensed-gambling-advertising-and-sponsorship-ban/ Fri, 24 Jul 2026 16:41:20 +0000 https://www.harrishagan.com/?p=4046 On the 15 July 2026, the Department for Culture, Media and Sport (“DCMS”) opened a consultation on proposals to ban sponsorship and advertising arrangements with gambling operators that are not licensed by the Gambling Commission. This follows the government’s initial announcement in February 2026. For further background, see our previous blog post here. The consultation covers unlicensed gambling sponsorship and advertising in Great Britain across all sectors, not only sport. The government’s stated aim is to […]

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On the 15 July 2026, the Department for Culture, Media and Sport (“DCMS”) opened a consultation on proposals to ban sponsorship and advertising arrangements with gambling operators that are not licensed by the Gambling Commission. This follows the government’s initial announcement in February 2026. For further background, see our previous blog post here.

The consultation covers unlicensed gambling sponsorship and advertising in Great Britain across all sectors, not only sport. The government’s stated aim is to prevent unlicensed gambling sponsorship moving into other areas, such as cultural events or music venues, although it notes that it is not currently aware of sponsorship or advertising by unlicensed gambling operators at non-sporting events or venues in Great Britain.

Background and Current Position

The consultation follows concerns about overseas gambling brands using sponsorship and advertising arrangements with high-profile sports clubs, particularly Premier League and Championship football clubs, primarily to reach global audiences due to the global nature of the sport. DCMS considers that this exposure is also affecting consumers in Great Britain.

Under the current position, sponsorship or advertising arrangements with unlicensed gambling operators may continue provided that those operators’ services are not accessible to consumers in Great Britain. However, DCMS notes that although geo-blocking is used to restrict access by unlicensed operators, it can be bypassed using VPNs, enabling consumers in Great Britain to access those websites.

Some of these arrangements have also involved white label structures, where a Gambling Commission licensed operator offers gambling services under a third-party brand. The consultation highlights TGP Europe, which held a Gambling Commission licence until May 2025 and acted as a white label provider for a number of overseas brands. After the Gambling Commission identified compliance failings, TGP Europe surrendered its licence and left the British market. This left its overseas partners unlicensed in Great Britain and placed partner football clubs with sponsorship agreements at risk of advertising unlawful gambling.

The consultation notes that DCMS does not currently anticipate extending the proposed ban to gambling operators in white label agreements. However, it will work with the Gambling Commission to consider whether further action is needed to ensure that white label arrangements are properly monitored and enforced where necessary.

Reason for the Proposed Ban

DCMS’ rationale for the proposal is based on three main objectives:

  1. Protecting consumers. The proposal is intended to protect consumers, particularly young people and vulnerable people, from unregulated gambling platforms that may not offer adequate player protections. The consultation states that sponsorship arrangements may increase awareness of unlicensed gambling operators and give consumers the impression that those operators are regulated in Great Britain, even where they are not.
  2. Reinforcing integrity of the gambling market in Great Britain. DCMS intends to ensure that gambling advertising in Great Britain is limited to operators licensed by the Gambling Commission and subject to the Licence Conditions and Codes of Practice. Licensed operators also contribute to the statutory levy, which funds treatment, prevention and research into gambling-related harm, while unlicensed operators undermine the regulated market and negatively impact the businesses of licensed operators. 
  3. Reducing money-laundering vulnerabilities in sport. The consultation refers to the National risk assessment of money laundering and terrorist financing 2025 which identified that football clubs and agents were a cross-cutting money laundering risk and vulnerable to exploitation by organised crime groups. DCMS notes concerns that ownership structures, particularly in low-transparency jurisdictions, can conceal the true beneficiaries of football clubs and stakeholders, such as sponsorship arrangements, creating opportunities to launder criminal funds through mechanisms such as player transfers, ticketing, merchandise sales, sponsorship deals, and image rights. Concerns also exist about links between money laundering in football and unlicensed gambling operators who sponsor football.

What the Ban Would Cover

DCMS proposes to implement the ban through secondary legislation utilising section 328 of the Gambling Act 2005, which gives the Secretary of State power to make regulations controlling gambling advertising, subject to Parliamentary approval.

The proposed ban would make it a criminal offence to participate in or facilitate the advertising of gambling (including the advertising of gambling by sponsorship) by unlicensed gambling operators across all sectors of the economy and at all levels.

The ban across all sectors, venues and events in Great Britain would cover physical advertising and sponsorship assets, including:

  • kit and equipment sponsorship;
  • pitch side billboards;
  • tournament and event programmes;
  • venue infrastructure; and
  • naming of leagues, events and venues.

The ban would also extend to any team, club, or individual when competing or performing in Great Britain, regardless of the origin or usual location of those events or individuals.

Online Advertising

The proposed ban would focus on physical advertising and sponsorship, and online gambling advertising is not considered as part of the consultation, noting that primary legislation would be required to extend the ban to online gambling advertising. DCMS may consider this later if there is sufficient evidence to do so.

Proposed Timing

The consultation sets out two possible implementation options:

  • Option 1: the ban comes into effect on a fixed date in August 2027, before the start of the 2027/28 football season, with all sport sponsorship and advertising of unlicensed operators at sporting events ending before that date; or
  • Option 2: the ban applies to new unlicensed operator sponsorship and advertising contracts after the legislation is introduced, while existing contracts may continue until no later than the beginning of August 2028.

DCMS’ preferred option is a fixed start date in August 2027, ahead of the 2027/28 football season.

Potential Impact

DCMS recognises that the proposed ban may have a negative financial impact on clubs, sports, leagues, events and venues that currently have sponsorship or advertising arrangements with unlicensed gambling operators.

The consultation states that approximately 40% of Premier League clubs had sponsorship or advertising deals with unlicensed gambling operators for the 2025/26 season. The impact is likely to greater for lower-revenue clubs and sports that rely more heavily on sponsorship income.

Data provided to DCMS through the consultation will allow the government to estimate the potential financial impact when it considers how the ban should be implemented.

Consultation Response

The consultation includes separate questions for individuals and organisations.

The consultation runs for 8 weeks and closes at 11:59pm on 9 September 2026.

Responses can be submitted through DCMS’ online response form. Where the form cannot be accessed, responses may be sent by email to [email protected].

Please get in touch with us if you have any questions about the consultation on the proposed ban of sponsorship by unlicensed operators.

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Gambling Commission to implement Financial Risk Assessments in staged approach https://www.harrishagan.com/gambling-commission-to-implement-financial-risk-assessments-in-staged-approach/ Mon, 13 Jul 2026 17:19:51 +0000 https://www.harrishagan.com/?p=4043 On the 7 July 2026, the Gambling Commission announced that Financial Risk Assessments will be introduced through a staged implementation process. Staged Introduction Following Consultation and Pilot Following extensive consultation, stakeholder engagement and piloting, the Gambling Commission has decided to introduce Financial Risk Assessments using a staged approach. The introduction of Financial Risk Assessments is one of the more controversial and debated outcomes of the 2023 White Paper. You can read more about the Financial Risk Assessment […]

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On the 7 July 2026, the Gambling Commission announced that Financial Risk Assessments will be introduced through a staged implementation process.

Staged Introduction Following Consultation and Pilot

Following extensive consultation, stakeholder engagement and piloting, the Gambling Commission has decided to introduce Financial Risk Assessments using a staged approach. The introduction of Financial Risk Assessments is one of the more controversial and debated outcomes of the 2023 White Paper. You can read more about the Financial Risk Assessment Pilot in our stage 1, stage 2 and stage 3 blogs.

The Gambling Commission has said that “Financial Risk Assessments will provide operators with a new, more effective and proportionate way of identifying customers in significant financial difficulty, while reducing reliance on the document checks that some operators currently use to seek to identify financial risk and that are unpopular with many customers”.  The Gambling Commission further notes that some such customers are not currently being identified or supported, despite being two to four times more likely to have a debt management plan and two to five times more likely to have had a default in the previous 12 months than the wider population. If unidentified, they may continue receiving marketing and promotional offers despite being financially vulnerable.

It is expected that the majority of customers will never require an assessment due to the high spending nature of the relevant thresholds being introduced. However, where an assessment is required, the process is expected to be frictionless, document-free and carried out by Credit Reference Agencies with no impact on the customer’s credit score.

Stage One Implementation

The first stage of implementation will involve assessments being carried out by the largest operators where customers have a high spend of multiple thousands of pounds over a 24-hour period.

For most customers, Stage One will apply at £5,000 net deposit in a rolling 24-hour period. This has been described as an unusually high spend pattern, exceeded by less than 0.5 percent of customers.

The Gambling Commission will continue working with gambling businesses, Credit Reference Agencies and other stakeholders to refine the assessments, develop guidance and support proportionate implementation.

For the small proportion of customers who may need support, the Gambling Commission will support operators in taking appropriate and proportionate action. This may include reducing marketing to vulnerable consumers, helping customers set deposit limits, or taking further action where needed.

The Gambling Commission has also confirmed that, during the early stages of implementation, it will not take enforcement action for a failure to act following a Financial Risk Assessment. However, operators of course remain subject to all other existing licence requirements.

The timetable for Stage One will be confirmed after engagement with industry and other stakeholders through implementation groups being established over the summer.

Financial Risk Assessment Thresholds

Stage 1 implementation

  • Consumers aged 25 and over: exceeds £5,000 net deposit in a rolling 24-hour period.
  • High-risk groups, such as consumers under 25: exceeds £2,500 net deposit in a rolling 24-hour period.

Interim stages of implementation

  • To be set following further engagement with implementation groups and stakeholders.

Final stage of implementation

  • Consumers aged 25 and over: exceeds £1,000 net deposit in a rolling 24-hour period or exceeds £3,000 net deposit in a rolling 90-day period.
  • High-risk groups, such as consumers under 25: exceeds £750 net deposit in a rolling 24-hour period or exceeds £2,000 net deposit in a rolling 90-day period.

Comments from the Gambling Commission and Government

Sarah Gardner, Acting Chief Executive of the Gambling Commission commented:

“We are confident that our approach, using high-quality data, will enable support for high-spending customers in financial difficulties, while reducing friction for customers who are not in financial difficulties by removing the need for unnecessary and unpopular document checks to understand financial risk.”

“We have listened to feedback throughout the pilot process which has led to us deciding to carefully proceed. We will work with key partners to make sure that they are implemented in the most effective way for consumers and operators.”

Gambling Minister Baroness Twycross also welcomed the decision to implement Financial Risk Assessments by commenting:

“Attention must now turn to successful implementation, so that financial risk assessments work for consumers, gambling operators and the wider ecosystem.”

“The right balance must be struck so that assessments protect those in financial difficulties from the risk of gambling-related harm but do not create unnecessary burdens for the industry or consumers.”

Summary

Please get in touch with us if you have any questions about the first stage of the Financial Risk Assessments implementation.

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Gambling Commission seeking proposals from industry to reduce regulatory burdens https://www.harrishagan.com/gambling-commission-seeking-proposals-from-industry-to-reduce-regulatory-burdens/ Wed, 08 Jul 2026 14:03:18 +0000 https://www.harrishagan.com/?p=4036 On 26 June 2026, the Gambling Commission announced that it is seeking proposals from the gambling industry on ways to reduce unnecessary regulatory burdens. The Gambling Commission has made clear that any reduction in burden must still maintain strong consumer protections and uphold the licensing objectives under the Gambling Act 2005. Purpose of the Initiative The initiative forms part of the Gambling Commission’s 2026/27 Business Plan. It invites industry stakeholders to suggest how regulatory requirements, guidance […]

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On 26 June 2026, the Gambling Commission announced that it is seeking proposals from the gambling industry on ways to reduce unnecessary regulatory burdens.

The Gambling Commission has made clear that any reduction in burden must still maintain strong consumer protections and uphold the licensing objectives under the Gambling Act 2005.

Purpose of the Initiative

The initiative forms part of the Gambling Commission’s 2026/27 Business Plan. It invites industry stakeholders to suggest how regulatory requirements, guidance and operational processes could be streamlined or improved.

The aim is to identify practical changes that make regulation more effective and proportionate, without weakening consumer safeguards.

Areas Proposals May Cover

Industry proposals may relate to:

  • the Licence Conditions and Codes of Practice;
  • technical standards;
  • reporting processes; or
  • wider interactions across the regulatory framework.

The Gambling Commission also reiterates that it remains committed to ensuring compliance costs are proportionate to the risks faced by consumers and at the same time, that it continues to focus on the licensing objectives of the Gambling Act 2005, namely:

  • keeping crime out of gambling;
  • ensuring gambling is conducted fairly and openly; and
  • protecting children and vulnerable people from harm.

How and When to Submit Proposals

Stakeholders are asked to submit proposals using an online form before the end of September 2026.

Comment from the Commission

Tim Miller, Executive Director for Research and Policy at the Gambling Commission commented:

“We want to hear from the industry about where regulation can be improved or streamlined without compromising the protections that consumers rightly expect.”

“This is an opportunity to identify tangible changes that support innovation while ensuring regulation remains effective, proportionate and focused on keeping gambling fair and safe.”

Please get in touch with us if you have any questions about the industry proposals.

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DCMS confirms increase to Gambling Commission fees from 1 October 2026 https://www.harrishagan.com/dcms-confirms-increase-to-gambling-commission-fees-from-1-october-2026/ Tue, 07 Jul 2026 20:29:50 +0000 https://www.harrishagan.com/?p=4029 A review of Gambling Commission fees was originally proposed in the government’s White Paper, High stakes: gambling reform for the digital age in April 2023. Over three years on from the publication of the government’s White Paper, the Department for Culture, Media and Sport (“DCMS”) has announced that the Gambling Commission’s fees shall increase from 1 October 2026. DCMS originally consulted on an increase to Gambling Commission operating licence fees between 27 January 2026 to […]

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A review of Gambling Commission fees was originally proposed in the government’s White Paper, High stakes: gambling reform for the digital age in April 2023. Over three years on from the publication of the government’s White Paper, the Department for Culture, Media and Sport (“DCMS”) has announced that the Gambling Commission’s fees shall increase from 1 October 2026. DCMS originally consulted on an increase to Gambling Commission operating licence fees between 27 January 2026 to 30 March 2026, tabling three main proposals in respect of the structuring of the increase in licence fees (“Consultation”).

Since the Gambling Commission’s fees were last reviewed in 2021, the Gambling Commission has increased its investment in areas including disrupting the illegal gambling market, data capabilities, enhancing core operational functions and implementing reforms proposed in the White Paper. Alongside additional pressures, such as inflation, DCMS recognised a need for review of the current fee structure that has been in place since 2017.

What are the changes to Gambling Commission fees?

In its consultation response published on 30 June 2026 (“Consultation Response”), DCMS confirmed that, based on the 47 consultation responses received, it would be diverging from most of its original proposals set out in the Consultation. The government will effect the following changes to Gambling Commission fees through secondary legislation:

  1. Annual fees and application fees will increase by a headline 25%, with the exception of:
  • Society lotteries, for which licence fees will be frozen.
  • General betting (limited) operating licences, where the basis on which fees are set will be adjusted to a market share-based approach based on gross gambling yield (GGY), rather than the number of days of operation.

For full details of the changes to annual fees by licence type, please see Annex One of the Consultation Response or for details of changes to application fees, please see Annex Two

  1. New fee categories will be introduced for most licences.
  2. An increase of 25% for personal licences, supplementary operating licences and single machine permits. Personal Management Licence application fees will therefore increase from £370 to £463. For full details, please see Annex Three of the Consultation Response.
  3. Fees for variations and changes of corporate control will also increase by 25%. For full details, please see Annex Three of the Consultation Response.
  4. First annual fees will continue to be charged at 75% of the annual fees. For full details, please see Annex Three of the Consultation Response.

For reference, the Consultation originally proposed three different options with increases to licence fees of (a) 30%, (b) 20%, or (c) 20% plus 10% ringfenced for illegal markets, revenue protection and related activities.

Following the Consultation, the Gambling Commission’s view is the DCMS’s findings now provide certainty on the Gambling Commission’s future income for the coming years. It should be noted that the changes to fees are subject to the passage of secondary legislation, which is planned to take effect on 1 October 2026.

What can operators expect?

The Gambling Commission has confirmed that, over the coming weeks, it will be making contact with operators about further details on how the increase in Gambling Commission fees will affect them and will provide information about alignment to any new fee category. The Gambling Commission will use licensee’s submitted regulatory returns data for 2025 to 2026 to determine its new fee category.

Next steps

Please get in touch with us if you have any questions on the increase to Gambling Commission’s fees or would like to discuss regulatory returns reporting or fee category tracking to ensure you are in the correct fee category.

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Important updates to the Money Laundering Regulations 2017 for casino licensees https://www.harrishagan.com/important-updates-to-the-money-laundering-regulations-2017-for-casino-licensees/ Thu, 02 Jul 2026 17:23:02 +0000 https://www.harrishagan.com/?p=4024 On 30 June 2026, a series of changes to The Money Laundering Terrorist Financing and Transfer of Funds (Information of the Payer) Regulations 2017 (“MLRs”) came into effect. The MLRs apply to licensees holding remote and non-remote casino operating licences, although, all operators should consider the recent changes against their money laundering and terrorist financing risk assessments (“MLRA”). What are the changes to the MLRs and what does this mean to casino licensees? Following parliamentary […]

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On 30 June 2026, a series of changes to The Money Laundering Terrorist Financing and Transfer of Funds (Information of the Payer) Regulations 2017 (“MLRs”) came into effect. The MLRs apply to licensees holding remote and non-remote casino operating licences, although, all operators should consider the recent changes against their money laundering and terrorist financing risk assessments (“MLRA”).

What are the changes to the MLRs and what does this mean to casino licensees?

Following parliamentary debate, and approval, on 9 June 2026, the following changes to the MRLs came into effect on 30 June 2026.

High risk jurisdictions

Casino licensees are required, pursuant to Regulation 33 of the MLRs to apply enhanced customer due diligence (“ECDD”) where the relevant transactions or customer relationships involve a person established in any high-risk third country, defined as a country named on the list of High-Risk Jurisdictions on the Financial Action Taskforce’s (FATF) ‘Call for Action’ country list only. Prior to 30 June 2026, the definition of a high-risk third country also included referenced to FATF’s ‘Increased Monitoring’ list.

In its bulletin on the changes to the MLRs, the Gambling Commission noted that the refined definition of high-risk third country enables casinos to focus on money laundering and/or terrorist financing threats faced specifically by the UK. The Gambling Commission reminds casino licensees that they are continued to require to apply ECDD measures based on geographic risk in accordance with Regulation 33(6)(c) of the MLRs, including taking into account FATF lists and other FATF assessments.

Unusually complex and unusually large transactions

Regulation 33(1)(f) of the MLRs now requires casino licensees to apply ECDD measures and enhanced ongoing monitoring in any case where a transaction is “unusually complex or unusually large”. This replaces the previous wording where ECDD was required in cases where a transaction was complex or unusually large.

Currency thresholds

The MLRs have now been updated so that any reference to Euros is now to Sterling. This is particularly relevant to Casino licensees in relation to Regulation 27(5) of the MLRs, as the threshold for customer due diligence measures in relation to specific transactions (set out at Regulation 27(6) of the MLRs) is now £2000.

Clarification on business relationships

The Gambling Commission’s bulletin on the changes to the MLRs sets out that the Gambling Commission’s The prevention of money laundering and combating the financing of terrorism guidance (“Casino Guidance”) will soon be updated to provide further details on the establishment of business relationships.

What should casino licensees do?

The Gambling Commission expects casino licensees to update their MLRA as a result of the changes to MLRs, which in turn, will prompt a review of their policies, procedures and controls.

The Gambling Commission has also announced changes to the Casino Guidance in due course. We remind licensees that licence condition 12.1.1 requires licensees to update their MLRA, as necessary, in light of any changes of circumstances and ensure policies, procedures and controls are implemented effectively, taking into account any applicable learning or guidelines published by the Gambling Commission from time to time. In any case, licensees must update their MLRA at least annually.

Next steps

Please get in touch with us if you have any questions about updating your MLRA or policies, procedures and controls.

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Jessica Wilson on Statutory Gambling Levy Panel for iGB L!ve 2026 https://www.harrishagan.com/jessica-wilson-on-statutory-gambling-levy-panel-for-igb-lve-2026/ Mon, 29 Jun 2026 09:08:31 +0000 https://www.harrishagan.com/?p=4014 As part of iGB L!ve 2026’s Sustainable Gambling sessions, Senior Associate, Jessica Wilson, will be on the panel for the session, The Statutory Gambling Levy One Year On: Implementation vs Expectations. Following first funding allocations of the statutory gambling levy, the session will explore what is working, what remains unresolved, and whether the new levy system can balance independence, collaboration and long-term sustainability. Key questions that will be considered include: Jessica Wilson will be speaking […]

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As part of iGB L!ve 2026’s Sustainable Gambling sessions, Senior Associate, Jessica Wilson, will be on the panel for the session, The Statutory Gambling Levy One Year On: Implementation vs Expectations.

Following first funding allocations of the statutory gambling levy, the session will explore what is working, what remains unresolved, and whether the new levy system can balance independence, collaboration and long-term sustainability. Key questions that will be considered include:

  • What early lessons can be learned from the first year of the statutory levy system?
  • How is the new funding structure reshaping collaboration across prevention, treatment, research and industry stakeholders?
  • How can the sector retain specialist expertise and lived-experience insight during the transition?
  • Is the current public health-led model creating the right foundations for long-term prevention and support?
  • Are regional needs and emerging harm trends being effectively reflected in funding and commissioning decisions

Jessica Wilson will be speaking alongside:

Anna Davies, Compliance Director – Better Change

Dan Spencer, Principal Consultant – EPIC Global Solutions

Lee Willows, Founder & Executive Chair – Community Care Gaming

Session details are as follows:

Date: 1 July 2026

Time: 12:20-13:00

Location: Excel London, Royal Victoria Dock, 1 Western Gateway, London E16 1XL

Free registration is open and do let us know if you have any questions or would like to meet with Jessica Wilson.

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AI-powered content marketing sweep to protect children https://www.harrishagan.com/ai-powered-content-marketing-sweep-to-protect-children/ Thu, 11 Jun 2026 15:19:42 +0000 https://www.harrishagan.com/?p=4011 On 4 June 2026, the Gambling Commission published an update regarding the Committee of Advertising Practice (“CAP”) conducting a compliance sweep using an AI-based Active Ad Monitoring System and involving partnerships with social media platforms. The update follows publication of an enforcement notice by CAP setting out its expectations that content marketing should not be of strong appeal to under 18s. The sweep will proactively search for online ads that break the rules. CAP begins […]

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On 4 June 2026, the Gambling Commission published an update regarding the Committee of Advertising Practice (“CAP”) conducting a compliance sweep using an AI-based Active Ad Monitoring System and involving partnerships with social media platforms.

The update follows publication of an enforcement notice by CAP setting out its expectations that content marketing should not be of strong appeal to under 18s. The sweep will proactively search for online ads that break the rules.

CAP begins actively monitoring from 11 June “followed by targeted enforcement action where needed”.

Background

The Advertising Standards Authority (“ASA”) is the UK’s independent regulator of advertising across all media. It administers and enforces the UK advertising codes, investigates complaints regarding advertising, and may require advertisers to amend or withdraw advertisements that do not comply with the applicable rules.

The Gambling Commission’s update reminds operators that all advertising, including consumer-facing social media posts, must be socially responsible and must comply with the relevant advertising codes, including the CAP code and the Broadcast Committee of Advertising Practice (“BCAP”) code which are enforced by the ASA.

The rules are intended to ensure that gambling marketing communications are socially responsible, with particular regard to protecting children, young persons under 18 and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.

The CAP enforcement notice

The enforcement notice focuses on content marketing and CAP’s expectation that no content marketing should be of strong appeal to those under 18 years old.

The Gambling Commission refers operators to the ASA’s guidance within the enforcement notice, together with the ASA’s content marketing remit statement and its latest post on keeping gambling advertising responsible and protecting young people.

AI-based compliance sweep

The AI-based Active Ad Monitoring System is made up of three components:

  1. Ad capture at scale –The system captures ads from social media, search and display using a mix of public sources, our own internal monitoring tools and proprietary datasets 
  2. AI-based filtering – Machine learning models are configured to spot the ads that are most likely to be relevant to a given issue, or to have specific compliance problems 
  3. Expert review – Experts can browse and search content related to their work via a web interface that allows them to quickly assess issues and identify problematic examples for action.

The sweep will also involve partnerships with social media platforms.

The CAP enforcement notice states:

“If we identify ads that break the rules, we will require you to amend or remove the ad immediately and, if you fail to comply, we will impose sanctions, which may include referral to the platform hosting the ad and/or the Gambling Commission.”

The Gambling Commission’s role

The Gambling Commission emphasises that it works closely with the ASA and where a gambling firm is found to be in serious or repeated breach of the rules, the Commission can take significant action, including issuing fines.

Please get in touch with us if you have any questions about your compliance with CAP and BCAP codes and the AI-powered content marketing sweep.

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IAGA Gaming Summit 2026 – join us for the responsible gambling panel moderated by David Whyte https://www.harrishagan.com/iaga-gaming-summit-2026-join-us-for-the-responsible-gambling-panel-moderated-by-david-whyte/ Thu, 21 May 2026 12:03:21 +0000 https://www.harrishagan.com/?p=4000 The 43rd annual International Association of Gaming Advisors (IAGA) Summit will be held at the Ritz-Carlton in Sarasota, Florida from 2 – 4 June 2026. As part of the 2026 Summit Agenda, Partner, David Whyte, who also sits on IAGA’S EMEA Engagement & Steering Committee will moderate the panel Innovations and Global Perspectives in Responsible Gambling on Thursday 4 June 2026. The session will explore: The session’s panellists are: Stephen Martino, Chief Compliance Officer Sarah […]

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The 43rd annual International Association of Gaming Advisors (IAGA) Summit will be held at the Ritz-Carlton in Sarasota, Florida from 2 – 4 June 2026.

As part of the 2026 Summit Agenda, Partner, David Whyte, who also sits on IAGA’S EMEA Engagement & Steering Committee will moderate the panel Innovations and Global Perspectives in Responsible Gambling on Thursday 4 June 2026. The session will explore:

  • The latest trends in responsible gambling programs worldwide, featuring insights from the UK’s advanced initiatives and the Better Gambling Forum’s work.
  • How the industry is addressing the negative community impacts of betting, including player health and youth protections, and compare international approaches to self-exclusion.
  • The funding models for research, prevention, and treatment and examining models across jurisdictions that do or do not work. 

The session’s panellists are:

Stephen Martino, Chief Compliance Officer

Sarah McCarthy, CEO, Responsible Gambling Council 

Jamie McKelvey, Deputy Attorney General and Responsible Gaming Coordinator, New Jersey Division of Gaming Enforcement

Kane Purdy, Managing Director, Gamesys Operations Limited, and Chair, GamProtect, UK

Sarah Taylor, Executive Director, Hoosier Lottery

Date: Thursday 4 June 2026

Time: 1-2pm

Location: Ritz-Carlton, Sarasota

Register for the 2026 Gaming Summit. All Harris Hagan Partners will be in attendance – if you would like to arrange a meeting, please do not hesitate to get in touch.

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Gambling Commission provides post-Pilot update on financial risk assessments https://www.harrishagan.com/gambling-commission-provides-post-pilot-update-on-financial-risk-assessments/ Fri, 01 May 2026 14:02:47 +0000 https://www.harrishagan.com/?p=3993 On 16 April 2026, the Gambling Commission released a post-Pilot update on the Financial Risk Assessments Pilot (“the Pilot”). In this blog, we consider the Gambling Commission’s findings from the final stage of the Pilot.   Background The Gambling Commission has been reviewing the results of last year’s financial risk assessments Pilot, and assessing whether the model could meet the aims set out in the 2023 Gambling Act Review White Paper and operate as a […]

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On 16 April 2026, the Gambling Commission released a post-Pilot update on the Financial Risk Assessments Pilot (“the Pilot”). In this blog, we consider the Gambling Commission’s findings from the final stage of the Pilot.  

Background

The Gambling Commission has been reviewing the results of last year’s financial risk assessments Pilot, and assessing whether the model could meet the aims set out in the 2023 Gambling Act Review White Paper and operate as a practical way of identifying high-spending customers who are in current financial difficulty.

Currently, operators take different approaches to identifying financial difficulties and the information they use to do so. Some operators request documents where this may not be necessary, while others fail to identify and support customers showing signs of financial risk. Financial risk assessments were therefore identified as a more consistent and frictionless means of identifying financial difficulty.

The Gambling Commission says that some commentary on the proposal has been “ill-informed or inaccurate”, including suggestions that consumers are currently being driven to illegal operators as a result of financial risk assessments. The Gambling Commission notes that these checks are not yet in force and no customer has had action taken on the basis of one. Further, they confirm that the proposal does not involve introducing spending caps or limits, and instead, the proposed threshold would act as trigger to check on whether that customer is in financial difficulties.

Financial Risk Assessments and the Pilot

The Gambling Commission summarised financial risk assessments as:

  • A way of identifying high-spending remote gambling customers who may be in financial difficulties.
  • Not an “affordability check”.
  • A targeted and proportionate way of identifying customers who are in current significant or imminently worsening financial difficulties by flagging customers who are, for example, in significant or multiple arrears, defaults or bankruptcy.
  • Triggered automatically when certain spend thresholds are met.
  • An assessment made based on data held by credit reference agencies which, for the vast majority of people, would happen behind the scenes.

The purpose of the Pilot was to test whether, and how, financial risk assessments could be introduced to support customers in financial difficulties without adding unnecessary friction to the customer journey. You can read more about the background of the Pilot in our stage 1 and stage 2 blogs.

Current Position and Findings

The Gambling Commission states that the Pilot produced encouraging results in terms of speed and frictionless assessments, and it has been investigating into the practical issues that were raised by businesses during the Pilot.

The Gambling Commission is collating its findings to inform decisions on whether and how to introduce financial risk assessments, and set out the following outcomes and commentary:

  • Based on the White Paper and the consultation proposals, fewer than 3% of active customer accounts would trigger any operator action under the proposed model.
  • Of the 3%, the Pilot found that around 97% would be assessed through a frictionless process, without the customer needing to provide documents or take any action. This represents an improvement on the White Paper’s estimate that 80 per cent of assessments would be frictionless.
  • The White Paper had also estimated that approximately 0.6% of active accounts would both trigger an assessment and be unable to be assessed frictionlessly. However, the Pilot suggests that the figure may in fact be closer to 0.1%. Based on these estimates, operators would only be unable to carry out a frictionless assessment for around 1 in every 1,000 accounts across the remote sector.
  • The Pilot also showed that better identity and age verification by operators would significantly improve their own frictionless rate. Some operators still allow account details that do not support proper verification, such as allowing customers to register with an initial instead of a full name or using a commercial address, which does not deliver age or identify verification properly. Fixing these cases will support frictionless customer journeys later on. The Gambling Commission will publish further material to assist.
  • The Gambling Commission recognises operators’ concerns that the customers most likely to fall within scope are often high-spending customers, meaning the practical impact may be more significant than the headline percentages alone suggest. This is an important consideration and any ongoing evaluation will need to assess whether the forms of support used are effective in helping customers gamble sustainably, rather than simply causing them to shift to land-based gambling, other operators or to the illegal market.
  • The Gambling Commission notes that some operators say the real friction may arise after a risk indicator is identified. Its response is that this is the point of the policy, which is not just to identify financially vulnerable customers, but to ensure support follows.
  • Customers in the Pilot cohort were found to be more likely to have debt management plans and recent defaults in the last 12 months, comparable consumers in the population. Some of these customers are being supported by operators now, but not all. The Gambling Commission recommends that support could include steps such as deposit limits or reduced marketing, but does not want operators to respond by routinely demanding bank statements or automatically closing accounts as the Gambling Commission wants better outcomes for consumers and not for them to be unnecessarily pushed out of the licensed market by a risk averse response to indicators of risk.
  • The Gambling Commission recognises that differences between credit reference agencies and the consistency of their data remain an issue but says the Pilot has provided useful evidence on those variations which can help inform practical steps if financial risk assessments are implemented.

The findings from the Pilot will be presented to the Gambling Commission Board for consideration of next steps, although it is stressed that no final decision has yet been taken.

“Despite the success of the pilot in informing those considerations, no one should pre-judge what comes next”

If the proposal is taken forward, it will work with operators and credit reference agencies on a sensible implementation plan, while being mindful of the risk of over-implementation or unnecessarily rapid implementation creating friction for consumers. Guidance will also be developed to help operators take a proportionate approach when offering support to consumers where financial risk is present and high customer spending continues.

The Gambling Commission further emphasises the importance of ongoing evaluation. NatCen has acted as the evaluation partner for the Pilot, and its reports are expected to be published alongside the Commission’s next steps.

Next steps

Please get in touch with us if you have any questions about the financial risk assessments post-Pilot update.

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