The United Kingdom Gambling Commission has moved forward the implementation date of the marketing update following some complaints from operators. The date has now moved from January 17, 2025, to May 1, 2025.
Operators’ Reservation about the New Direct Marketing Rule
Operators in the UK have made their concerns heard in two ways. They complained that the rule needed to be clearer for proper understanding, and they inquired about clarification on transferable preferences.
Operators requested clarity on whether to refuse their services to players already opted in to direct marketing services until they affirm their preference.
The Change
The new marketing rule resulted from a change to Paragraph 6 of the Social Responsibility Code, Section 5.1.12, which is an update to the Licence Conditions and Code of Practice (LCCP).
The old paragraph 6 read as follows:
“All customers logging into their account for the first time after the commencement date of this provision are required to have confirmed their marketing preferences in line with this condition before they are permitted to gamble.”
With this consensual postponement of the marketing rule implementation, operators will be able to digest the update and share their latest discoveries.
Clarification of Certain Misconceptions
However, the UKGC has provided the update in clearer terms. All players accessing their gambling casino accounts for the first time after May 1 must affirm their marketing if they have not done so before.
Also, the commission clarified that players who have opted in for direct marketing services for certain products through text or mail can have their preferences transferred. However, regardless, players who have not opted in must be given the chance to do so upon logging in for the first time after May 1.
The new paragraph 6 reads as follows:
“Existing customers who have not already opted out of marketing must be asked at their first log-in after commencement of this provision to confirm their marketing preferences if they have not done so already. Existing preferences can be copied over, providing they match the format of this requirement.”
The Implication of the Direct Marketing Update
A gambling lawyer, Richard Williams of Keystone Law, stated that implementing the directing marketing rule would have huge consequences.
Williams mentioned that operators will no longer be able to force-sell their products on players without their consent. Operators will also have to stop sending infomercials to players who do not opt-in for direct marketing.
Operators will be unable to use pre-ticked preference boxes, so they must become creative about their marketing processes. One way operators can adjust to this new format is to use in-app or pop-up marketing strategies.
The Consultation that Led to The Update
The commission identified the need for extra precautions regarding players’ consent to direct marketing. In May 2023, the UKGC conducted a consultation process within the industry to get feedback on the intended addition.
The UKGC believes that operators marketing products directly to their players can confer harmful habits, such as problem gambling. So, this new update will reduce the unchecked promotion of new products unless individual players ask for it.
UKGC Launches Affordability Check Pilot – To Run for Seven Months
This update comes at a time when the government, in collaboration with the commission, decided to implement key details of the Gambling Act Review.
As of August 30, a new change swung into play. It involves the UKGC launching an affordability check pilot. Operators now have the job of flagging players showing signs of debt or financial crisis.
This pilot program will run for seven months, accessing the best way for operators to run effective checks on Casino2 players.