Decision by the European Parliament to address digital gaming cheered by industry bodies

The European Parliament (EP) adopted a negotiating position regarding the Digital Services Act (DSA) last Thursday. 530 votes were in favor of support, 78 were against and there 80 abstentions. The EP ministers reached an agreement on a set of draft measures to combat illegal content.

This will ensure that platforms are held to higher standards across the board. These provisions are also designed to combat illegal online gambling.

The DSA proposal outlines the responsibilities and accountability of intermediary service providers, including online platforms. It establishes a "notice-and-action" mechanism and safeguards for the removal of illegal online products, services, or content.

European Lotteries (EL), a European umbrella organization for national lotteries that operate games of chance, welcomes the new provisions.

Arjan van 't Veer, EL Secretary-General, stated, "EL Members strongly believe in a high level of consumer protection and are fully committed to the fight against illegal online gambling. The DSA foresees a number of new provisions that could be beneficial to this end."

The Secretary General further said EL hopes that the new provisions will be at the disposal of its members, most notably an improved notice-and-action mechanism, the concept of trusted flaggers and enhanced customer protection and know-your-business-customer requirements.

The DSA is a European Union (EU) future regulation that aims to create a safer digital environment in which users' rights can be protected by rules to combat illegal products, services or content online. It will also improve accountability and transparency of algorithms, and deal with moderation. Ultimately, it could also lead to unified gaming regulations across the whole of the EU and the UK.

The European Commission's December 2020 proposal was released and the Council's member states adopted the general approach in November 2018. EL urged council members to forgo explicit mentions of online gambling or betting services from DSA before its meeting.

EL says the new tweaks include "a more transparent, informed choice" for recipients of digital services, prohibition of targeting or amplifying techniques that involve data of minors for the purpose display ads, and targeting individuals based on special data categories that allow for vulnerable groups.

Recipients of digital services, as well as organizations representing them, must be able seek redress for damages resulting in platforms failing to respect their due diligence obligations.

The EP is now in a position to negotiate the final text of the future regulation. It will do this in collaboration with the Council of Europe and the European Commission.

DSA rules could be in force by 2023, according to some estimates. The organization released a press release stating that it will continue to monitor the situation and, if necessary, participate in the discussion in the best interests of its members.

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