The European Commission (EC) has been formally notified of new technical and supervisory powers sought by Spillemyndigheden, Denmark’s Gambling Authority.
On 13 January, Spillemyndigheden submitted a notification to the European Commission’s Technical Regulation Information System (TRIS), initiating the EU-mandated review process for proposed regulatory reforms.
Under EU law, Member State authorities are required to notify the Commission of draft technical regulations to ensure that proposed measures do not breach internal-market principles, competition rules, or EU standards.
The TRIS procedure allows the Commission and other Member States to assess the proportionality and compatibility of national legislation prior to adoption.
Through its submission, Spillemyndigheden has launched a consultation on expanded supervisory and enforcement powers set out under draft provisions of Denmark’s proposed Marketing and Advertising Law.
The draft legislation has yet to receive final approval by the Folketinget. However, the overhaul of Denmark’s marketing and advertising framework appears to carry broad political consensus, with ministers supporting the introduction of sector-specific rules targeting gambling advertising.
Scheduled for implementation from 2027, the law aims to significantly reduce the volume of gambling advertising across Danish media, while introducing new safeguards to ensure advertising is directed exclusively at adult audiences aged 25 and over.
Among the proposed measures is a “whistle-to-whistle” advertising ban, which would prohibit all forms of gambling promotion during live sporting events from 10 minutes before kick-off until 10 minutes after full-time.
Marketing activity will also be restricted from portraying gambling as a lifestyle choice, with draft provisions prohibiting endorsements by celebrities, athletes and influencers across all media channels.
Land-based measures would introduce a ban on gambling advertising within a 200-metre radius of schools and youth education institutions, as well as across public transport networks and associated areas.
Provisions governing social media and affiliate marketing remain under development, with further clarification expected as the legislative process continues.
In its TRIS submission, Spillemyndigheden has requested the Commission’s assessment of new supervisory measures that would expand its remit across media and marketing verticals. This includes establishing a legal basis to block illegal gambling advertising linked to operators not authorised under Denmark’s Gambling Act.
The draft law would also broaden the Authority’s sanctioning powers, introducing clearer principles and criteria for calculating fines and clarifying its authority to issue administrative injunctions in cases of regulatory breaches.
For land-based operations, Spillemyndigheden has further requested oversight on whether it may revise interpretations of certain gambling definitions under the Danish Gambling Act of 2012 — notably proposals to merge the classifications of gaming shops and gaming halls into a simplified regulatory framework for stakeholders.
Responsibility for steering the final legislative process will fall to Denmark’s newly appointed Tax Minister, Ane Halsboe-Jørgensen, who has publicly backed stronger protections for Danish youth audiences and consumers.
Notably, the Folketinget has already rejected proposals to introduce a blanket ban on gambling advertising and sports sponsorship, measures which can no longer be tabled under the current process.
The European Commission has set a standstill deadline of 14 April to respond to Spillemyndigheden’s TRIS notification.
