Influencer ad for gambling, online casinos and sports betting: what is allowed

Gambling & sports betting: what matters

According to the State Treaty on Gambling, only permitted gambling may be advertised. Whether a provider has a permit is determined by the whitelist of the joint gambling authority of the countries. Advertising for unauthorized providers is prohibited even if they are licensed abroad.

Restrictions also apply to permitted providers: advertising must not be aimed at minors, not excessively incentive and not give the impression that gambling is a solution to financial problems. Time limitations on the Internet apply to virtual slot games, online poker and online casino games. Advertising for sports betting with active athletes is not permitted.

Typical situations in which we help

• You will be offered a cooperation with a casino or betting provider.
• They stream casino games.
• They show loot boxes or skin gambling.
• The gambling authority wrote to you.
• They are athletes and should promote sports betting.

Legal basis at a glance

Allowed providers

Advertising is only permitted for providers who are in the whitelist. Cooperation agreements should include an assurance of the permit and an exemption.

Content limits

No advertising to minors, no misleading promises of profits, indications of search risks and offers of help.

Time Restrictions

Advertising on the Internet is only permitted in certain time slots for certain online gambling. This is to be considered with live streams and posts.

Loot boxes and skins

Whether lootboxing is gambling is controversial. Skin gambling with tradable items can be unauthorized gambling.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Advertise for providers without German permission.
• Apply gambling in front of a young audience.
• Ignore time constraints.
• Classify skin-gambling as harmless.