Key Moments:
- The European Committee for Standardisation (CEN) will close voting on the proposed gambling harm standard on 25 September.
- If adopted, the standard would set voluntary, cross-border “markers of harm” to help detect risky gambling behaviors, with publication expected by early 2026.
- Ongoing legal conflicts, including Malta’s Bill 55, illustrate the complexities of enforcement and harmonization across Europe’s gambling market.
Push for a Common Standard on Gambling Harm
The European Gaming and Betting Association (EGBA) has urged national regulatory bodies to endorse a new, unified European standard for tackling gambling-related harm. This move comes as differential enforcement and ongoing debates about harmonization continue to challenge the continent’s online betting industry.
The proposed standard, managed by the European Committee for Standardisation (CEN), has been in development since EGBA initiated the process in 2022. Its adoption would establish common “markers of harm” such as changes in game speed, session time, and play duration. These behavioral indicators are intended to help gambling operators spot risky patterns earlier and more consistently across national borders.
“This EGBA-proposed initiative demonstrates precisely the kind of collaboration we need more of – bringing together stakeholders to share knowledge and experiences to create something for the common good,” said EGBA Secretary General Maarten Haijer. “We call on national delegates to approve the important standard, which will contribute to a better understanding of problem gambling behaviour and support more effective harm prevention across Europe.”
The new standard would be voluntary. Regulators from individual countries would retain the freedom to determine whether to adopt it within their national frameworks. Publication of the finalized guidelines is anticipated by early 2026 once voting closes on 25 September.
Debate Between Harmonization and Innovation
The EGBA’s proposal comes at a time of active discussion about the role of harmonization in the European Union’s gambling sector. Ambassador Chris Farrugia, Malta’s Deputy Permanent Representative to the EU, underscored the gaming industry’s importance to Europe’s digital economy, citing its support for IT, data, and compliance jobs throughout the region.
Farrugia referenced efforts by the European Commission to reduce bureaucratic hurdles for businesses amid uneven economic recovery, stating that “The need to simplify, the need to cut red tape, the need to make it easier for our industries and our businesses to thrive” is a prevalent theme in current competitiveness reviews.
He cautioned against overreaching regulation: “We cannot always have a one size fits all when it comes to every specific sector.” Instead, Farrugia advocated for targeted harmonization focused on areas like consumer protection while still allowing for industry innovation. “One of the toughest challenges is how to balance innovation, taking into account the need to preserve safety and consumer protection, and not overregulate,” he said, referencing the AI Act’s national sandboxes as an example of achieving this balance. Farrugia also noted Malta’s early establishment of an online gaming regulatory framework in 2004 and the sector’s contribution of about 7% to Malta’s gross value added.
Ongoing Cross-Border Legal Challenges
Despite efforts to standardize safer gambling practices, legal disputes continue to test the boundaries of the EU’s single market. At the SiGMA Euro-Med Summit, Maltese lawyer Davinia Cutajar highlighted numerous claims by Austrian players against operators licensed in Malta.
These legal disputes are further complicated by Malta’s Article 56A, known as Bill 55, introduced in 2023. Bill 55 instructs Maltese courts not to enforce foreign judgments against Malta-licensed operators if the gambling activity was legal in Malta. While Malta believes this measure is consistent with single market principles, the European Commission has initiated infringement proceedings, warning the country that Bill 55 may violate mutual recognition obligations.
Dr Nicole Daniel of DLA Piper Austria elaborated on the tactics Austrian lawyers have employed: “Players can reclaim their losses when they played on any of the websites that do not have a local licence, and they’re doing that. Since enforcement is very difficult, multiple plaintiff lawyers have become creative.” she said.
Daniel further commented: “Because it’s unilateral, that inherently carries the risk that the Supreme Court only hears the arguments of the plaintiff and the supporting documents. The operators are not heard. They are not summoned, which is a massive issue.”
Outlook on Regulatory Alignment
EGBA’s push for a European-wide framework seeks to elevate consumer protection standards in gambling across borders. Advocates believe common markers of harm represent a practical move towards sector-wide consistency, without requiring comprehensive EU oversight. However, as highlighted by Farrugia’s remarks and ongoing disputes in Austria and the Netherlands, achieving a balance between market integration, national sovereignty, and consumer safety remains a significant challenge for the European gambling sector.
Summary Table: Key Elements of the Proposed Gambling Harm Standard
| Aspect | Details |
|---|---|
| Standard Development | Initiated by EGBA in 2022; process managed by CEN |
| Voting Deadline | 25 September |
| Implementation | Voluntary adoption by national regulators |
| Expected Publication | By early 2026 |
| Key Content | Common set of “markers of harm” – behavioral indicators for early detection of risky gambling |
- Author
Daniel Williams
