Gaming operators must adapt advertising warnings within 60 days

The Directorate General for the Regulation of Gambling (Dirección General de Ordenación del Juego) has issued a resolution establishing mandatory technical specifications for warning messages in the commercial communications of gambling activities. This regulation, published in the BOE (BOE-A-2026-20745), aims to standardize how operators warn consumers about the risks of gambling addiction and the prohibition of underage participation, ensuring these messages are highly visible and legible across all media platforms.

What changes

The resolution introduces a significant shift in the content and visual presentation of mandatory warnings. The most critical change is the replacement of the generic 'play responsibly' (jugar con responsabilidad) message, previously used under Art. 10.3 of RD 958/2020, with a more direct warning regarding the harmful effects of gambling addiction or risky behavior (Art. 10.4 RD 958/2020). This change moves the focus from individual responsibility to a more descriptive warning about the clinical and social risks of gambling.

Furthermore, the regulation unifies the message regarding the protection of minors. While previous regulations allowed some discretion in how operators communicated the prohibition of underage gambling, this resolution mandates the specific text: "Solo para mayores de 18 años" (Art. 11.3 RD 958/2020).

Beyond the text itself, the resolution imposes strict technical requirements regarding the form, size, disposition, and contrast of these messages. According to Common Provisions (Disposición Cuarta), messages must be:

• Easily legible and/or audible, adapted to the specific medium used.
• Clearly distinguishable from the main commercial content.
• Fully visible without requiring the user to scroll or move elements on a screen.
• Presented in a way that they cannot be modified, hidden, veiled, or distorted by other images or indications.

The specific visual layouts for different media formats are detailed in Annexes I and II of the resolution.

Context

This resolution is issued in accordance with the framework established by Royal Decree 958/2020, of November 3, which governs the commercial communications of gambling activities. The regulatory landscape has been evolving to strengthen the "safe gambling" principle. This evolution is further reinforced by the framework introduced by Royal Decree 176/2023, which shifts the paradigm from a purely subjective view of individual responsibility to a model where the operator is also responsible for the design of their service offerings and the safety of the environment provided.

By establishing these technical specifications, the Directorate General is exercising its authority under Articles 10.4 and 11.4 of RD 958/2020 to prevent the proliferation of contradictory or ineffective messages and to ensure that warnings serve their intended purpose of consumer protection. This regulation effectively operationalizes the high-level principles of consumer protection and minor safety that have been central to Spanish gambling law for the last few years.

Who is affected and how

Large Companies (Gaming Operators): This is the primary group affected. All operators authorized to conduct gambling activities in Spain must overhaul their advertising creative processes. They are obligated to redesign all graphic and audiovisual pieces to comply with the new contrast, size, and placement rules. Failure to comply with the technical specifications in Annexes I and II will result in non-compliant advertising, which could lead to administrative sanctions under the broader regulatory framework.

Advertising Agencies and Media Buyers: While not the direct subjects of the gambling license, agencies working for gaming clients must integrate these technical requirements into their production workflows. They must ensure that any media buy—whether digital, television, or print—respects the visibility and non-distortion rules established in the Common Provisions.

Consumers and Minors: The end-users benefit from increased clarity. The standardization of the "Solo para mayores de 18 años" message and the more explicit warnings about addiction are designed to provide a uniform protective layer across all commercial touchpoints.

What to do and when

To ensure compliance and avoid potential regulatory friction, affected entities must adhere to the following timeline and actions derived from the resolution:

• Immediate Action: Review all current and upcoming advertising templates to ensure the new text for gambling addiction (replacing 'play responsibly') and the unified minor protection message are integrated.
• Technical Audit: Verify that all graphic and audiovisual assets comply with the specific size, contrast, and layout requirements set out in Annexes I and II.
• Contractual Review: Identify advertising contracts signed prior to the publication of this resolution. Under Disposición Sexta, these contracts have a 3-month grace period to continue running without immediate adaptation.
• Full Compliance Deadline: All commercial communications must strictly adhere to the new specifications by December 5, 2026 (60 days after publication, as per Disposición Séptima).
• Radio Exception: Note that for radio communications involving "contest games" (juegos de concursos), the requirement to include the gambling addiction warning does not apply (Disposición Quinta).

Given the technical nature of these requirements, we recommend that operators conduct a thorough review of their marketing assets. For specific guidance on how these changes impact your corporate compliance or to assess the legal implications of your current advertising contracts, you should consult with the relevant department at BMC.