Ireland: New gambling law with strict rules passed

After decades of barely regulated conditions on the Irish gambling market, the country has now reached a historic turning point: the passing of the Gambling Regulation Bill in mid-October marks a far-reaching reform that is intended to fundamentally reshape the gambling industry.

Ireland is one of the European leaders in gambling per capita: according to estimates, the industry’s annual turnover is over 8 billion euros. Nevertheless, regulation there has so far been based primarily on the long-outdated Gaming and Lotteries Act of 1956. The law can naturally hardly meet today’s requirements of digital and diversified offerings.

Just like almost everywhere else in the world, the Irish have for years preferred to use online gambling, which, due to the unclear regulation, mostly comes from internationally licensed offshore platforms. This was and is neither legal nor explicitly illegal. Until now, there was simply no legal basis for classification. The resulting risks for players and the state’s tax deficit have long been the subject of criticism, which has grown further due to the increasing popularity of the digital sector and a widespread problem of gambling addiction.

The new law introduces comprehensive provisions for the first time that create a central control authority. The Gambling Regulatory Authority of Ireland (GRAI) will regulate this market in the future and will not only issue licenses, but also establish specific tax controls and security standards. This will ensure that players in Ireland will be legally protected from now on and can use state-supervised providers online and offline. The Gambling Regulation Bill also provides for some fairly strict requirements regarding bonuses, payments or even a possible ban on gaming operations, which are striking.

Restricted bonuses, exclusion of credit card payments and even a ban on gambling offers

After the law has been passed, which now still requires the signature of President Michael D. Higgins, the newly created GRAI will begin its work. The lead MP James Browne told the international trade press that he expects the regulation to come into force this year. The authority will then be given considerable powers to ensure control over the gambling sector.

The administrative office is headed by Anne Marie Caulfield, an experienced public service executive. She is responsible for ensuring compliance with the strict requirements through specific instruments and extensive financial resources. A budget of 9 million euros has already been announced for 2025.

The following requirements and restrictions are particularly worth mentioning.

1. Prohibition of personal bonuses and individual incentives: Gambling operators are not allowed to offer incentives to specific people or groups that could motivate gambling. For example, it is not allowed to tailor betting deals to fans of specific football teams. General promotional offers, however, remain permitted provided they are aimed at the general public. The government reserves the right to issue targeted restrictions by regulation for reasons of public order.
2. Exclusion of credit card payments: The use of credit cards for gambling transactions is generally prohibited in order to reduce the risk of indebtedness and to protect particularly vulnerable groups of the population. This marks a significant cut in the payment environment of the Irish gambling market.
3. Time and location restrictions on access: The GRAI is even entitled to prevent access to gambling offers on certain days or at specific times, which could particularly target holidays or special occasions. This regulation is a truly exceptional feature compared to international gambling regulations and will be implemented by the authority as required. According to official information, there are no more concrete plans here yet. However, they wanted to secure the authority.
4. Temporary ban on advertising for gambling: Sports betting or casino games may not be advertised between 5:30 a.m. and 9:00 p.m. The order applies to all advertising measures, including social media and audiovisual on-demand services. Advertising that could be classified as particularly attractive to children will be completely banned in order to ensure the protection of minors. Sponsorships by gambling companies will also probably be prohibited. Incidentally, Wildz is a new Schalke 04 partner.
5. Introduction of a so-called Social Impact Fund: This fund, which is financed by a mandatory levy, is intended to promote educational initiatives, prevention programs and support for people with gambling problems. In particular, the topic of “responsible gambling” is to be more integrated into social education.
6. Significant penalties for violations: The GRAI can impose high fines of up to 20 million euros or up to 10 percent of gross gaming revenue on operators who violate the new regulations. This also includes companies that operate illegally or those that do not comply with the licensing requirements at all. Incidentally, among British gambling companies, William Hill holds the record for the highest fine of a whopping £19.2 million.
7. Measures against illegal gambling and black market activities: Last but not least, the draft law provides for explicit regulations to combat black market offers, which impose severe sanctions on illegally operating companies and can even result in prison sentences in the case of particular violations.

The provisional decision not to make any tax changes is interesting. The currently inconsistent tax structure remains in place. Bookmakers continue to pay the betting tax of 2 percent and casinos have to pay the traditional VAT of 23 percent for their games. Incidentally, an increase in gambling tax has just been decided in the Netherlands.

There are also apparently no legally regulated limits on money movements. In general, there is no directive that would prohibit operators from limiting players’ stakes. Such a clause was proposed in early versions of the draft.

The advertising guidelines were a particular point of contention that delayed the decision considerably

The bill was first presented to Parliament on December 2, 2022 and has since been revised several times. A major sticking point in the debates was the concern about the widespread proliferation of gambling advertising. The question of whether a complete ban on such advertising should perhaps even be implemented, as proposed by Senator Mark Wall, was particularly controversial.

Ultimately, the minister went for a compromise approach, which is now being implemented in particular through broadcast time restrictions. This guideline is intended to ensure that gambling advertising is prohibited between certain times of the day when increased activity among minors is expected.

A complete exclusion of advertising for sports betting or the best online casinos is expressly not an option for James Browne – his argument:

“As I have already explained, I have concerns about issuing an absolute ban on advertising from the outset. Gambling is a legal and legitimate activity and the Bill, as amended by the Dáil, gives the Authority the ability to respond accordingly and regulate advertising flexibly!”

The concerns about the negative consequences of an inadequately regulated advertising landscape do not appear to be unfounded. Critics have repeatedly cited the experience of the United Kingdom, where gambling advertising, particularly in sports-related areas, led to increased exposure among vulnerable target groups. The new regulatory framework for advertising therefore enables the GRAI to intervene flexibly and to regularly adapt the regulation when market developments or technological innovations require a change.

This dynamic approach, which Minister Browne supported, is generally considered to be groundbreaking, as it enables the Authority to specifically control advertising depending on the media channel, digital platform and user profile, while at the same time taking into account the economic interests of the gambling operators.

Conclusion

The new gambling law in Ireland introduces strict restrictions that fundamentally change the regulation of the market. The main measures include the ban on personal bonuses, the exclusion of credit card payments and time and location restrictions on gambling advertising. Compared to Germany, where strict regulations also exist, Ireland is even more rigorous in some areas – particularly with the ban on individual incentives and the possibility of prohibiting access to gambling offers on certain days. However, the Irish do not have to accept any deposit or stake limits or game restrictions.