New mandatory notices in online gaming advertising: what operators must change in 2026

Key data

If you are an online or land-based gaming operator, or manage advertising for one, your commercial communication model has just changed. The General Directorate for Gaming Regulation has approved, through Resolution of 18 September 2026 (BOE-A-2026-20745), the exact technical specifications that warning messages must comply with in all commercial communications in the sector. The change is not cosmetic: it requires reviewing contracts, creative materials and validation processes across all channels.

What does this regulation establish?

The resolution approves two differentiated mandatory messages and defines precisely how they must be presented:

• Message on problem gambling: Replaces the previous "play responsibly" notice with an explicit warning about the harmful effects derived from problem gambling or risky user behaviour. The regulation sets the technical specifications for size, contrast, layout and exact content of the message.
• Message prohibiting minor participation: Unifies the notice prohibiting participation of minors in gaming activities, with the same technical presentation requirements.

The most relevant change from a corporate responsibility perspective is the following: the new message no longer merely invites the user to "play responsibly"—a formula that placed the burden on the player—but explicitly describes the harmful effects of problem gambling, shifting part of the responsibility to the operator. This has direct implications for how any advertising piece is designed, validated and published.

Comparison: before vs. after

Economic and operational impact

The impact is not only legal: it is operational and economic. These are the main business consequences:

• Review of creative materials across all channels: Every active advertising piece—banner, spot, radio ad, billboard—must be reviewed to verify that the new message complies with technical specifications (size, contrast, layout). Those that do not comply must be withdrawn or modified.
• Renegotiation or adaptation of existing advertising contracts: The regulation provides for a transitional period for contracts already signed, which provides some leeway, but requires identifying which ones are affected and planning the transition.
• Production cost: Adapting creative materials involves design, production and legal validation costs that will vary depending on the volume of active campaigns.
• Sanction risk: Non-compliance may result in administrative sanctions under Law 13/2011, regulating gaming. The regulation does not specify concrete penalty amounts, but the sanctions regime of the Gaming Law provides for serious and very serious infringements with significant fines.

Who does it affect?

• Online gaming operators: Online casinos, sports betting, poker, bingo and any gaming modality with state licence. They must adapt all their commercial communications.
• Land-based gaming operators: Physical casinos, gaming halls and other establishments that conduct commercial communications.
• Advertising agencies: Those managing campaigns for gaming operators are responsible for correctly implementing technical specifications in the pieces they produce.
• Media outlets: Television, radio, digital platforms and outdoor advertising media that broadcast gaming advertising must verify that messages comply with the new regulation before airing any piece.

Practical example

Imagine an online sports betting operator with active campaigns across four channels: TV spots, digital banners, radio ads and outdoor billboards. Upon entry into force of this resolution, the company must:

1. Audit the four campaign lines to verify whether the visible warning message complies with the new technical specifications for size, contrast and layout.
2. Review whether contracts with media outlets have regulatory adaptation clauses or whether renegotiation is necessary within the transitional period.
3. Commission its agency to produce adapted versions of each piece, including the new explicit message about problem gambling and the unified notice prohibiting minors.
4. Validate internally (or with legal advice) that each adapted piece complies with the specifications before distribution, to avoid sanctions under the Gaming Law.

The transitional period for existing contracts is the available margin, but it does not eliminate the obligation: it only defers it for already contracted campaigns. New campaigns must comply from the outset.

What should companies do now?

1. Audit all active campaigns: Identify which advertising pieces are on air on television, radio, digital and outdoor, and verify whether the warning message complies with the new technical specifications.
2. Review existing advertising contracts: Determine which are covered by the transitional period and which must be adapted immediately.
3. Update the creative validation process: Incorporate a regulatory verification step—size, contrast, layout and message content—before approving any new advertising piece.
4. Coordinate with agencies and media: Communicate the new requirements to advertising agencies and media outlets you work with, so that no piece is aired without complying with the regulation.
5. Document compliance: Keep a record of adaptations made and implementation dates, as evidence in case of inspection or complaint.
6. Consult legal advice if there are doubts about the transitional period: The regulation provides leeway for existing contracts, but the exact limits must be interpreted precisely to avoid sanctions.

Official source

Consult full regulation at official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-20745