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Consultation response

Summer 2023 consultation – Proposed changes to LCCP and RTS: Consultation Response

This response sets out our position in relation to the consultation on the proposed changes to LCCP and Remote Gambling and Software Technical Standards.

Summary - Improving customer choice on direct marketing

During summer 2023 we consulted on a proposed change to our Licence Conditions and Codes of Practice (LCCP) (opens in new tab) to provide customers with increased preferences to control the gambling direct marketing they receive by product types (for example betting, bingo and casino) and channel (for example email, SMS).

This followed the publication of the government’s White Paper (opens in new tab) which set out expectations that the Gambling Commission will consult on setting higher standards for operators in obtaining all customers’ consent to direct marketing and promotional offers.

The aim of our consultation was to extend the principles of the Privacy and Electronic Communications Regulations (opens in new tab) (PECR), which require a very high bar, and granular level of consent to send direct acquisition e-marketing to new and existing customers.

We proposed this across all sectors and gambling products to explore options to give customers increased preferences for direct marketing across all of their gambling. We have since conducted further research which has highlighted that some gamblers may use offers received through direct marketing as an incentive to begin gambling on new products; the research identified potential risks associated with this behaviour.

After analysing responses and engaging with a wide range of stakeholders, we have amended the scope of this requirement so that it only applies to remote gambling operators, who are responsible for the most direct gambling marketing.

The new requirement will come into force on 17 January 2025.

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