UK LEGAL
responses to this topic in the Commission’s consultation on sending out such statements were mixed. Some were concerned that such a statement could prompt a customer to begin gambling again after a period of non-activity, or prompt loss-chasing behaviour. Concerns were also raised about the technical challenges of producing activity statements and data security regarding the generation, storage and transit of personal financial data.
The Commission revised its original proposal, deciding to bring in a requirement that all remote gamblers receive a regular prompt to review their account and transactions, rather than be sent an actual statement. This prompt must be sent at least every six months, to all customers with account activity in the past 12-month period. Customers must also be offered the facility to increase the frequency of these prompts.
DEFINITION OF DEPOSIT LIMITS While under the current rules the operator can choose whether to offer customers deposit, spend and/or loss limits, from 30 June 2026 they must (as a minimum and default) offer gross deposit limits. The Commission has defined gross deposit limits as “where the amount a customer deposits into their account is limited over a particular duration”. The gambling system will need to prevent a customer from depositing further funds into their account once their chosen deposit
Any customer who does not have a limit in place (this will include those who registered and deposited pre-31 October, who have not chosen to set a limit) will need to be prompted to review that position, on at least an annual basis. This could be achieved by a pop-up message for example, or by email. As well as providing these prompts, operators must also ensure that limit-setting facilities are provided via a clearly visible direct link on the homepage and on (or via a direct link from) deposit pages.
CUSTOMERS TO BE PROMPTED TO REVIEW THEIR ACCOUNT – FROM 31 OCTOBER 2025 The government’s White Paper cited research by the Australian government, which found that when gambling operators shared user-friendly activity statements with customers, this “could help customers spend less”. In light of further Australian research demonstrating that gamblers were inaccurate in recalling their past 30-day spend, the White Paper noted that “many could benefit from objective activity statements”. There does not seem to be compelling evidence demonstrating that activity statements in fact reduce gambling harm and
limit has been reached, “until the defined period of the limit restarts” or the customer increases their limit (subject to a 24-hour cooling off period). It is for the operator to make clear to the customer what the defined period of the limit is, for example whether the limit applies over a calendar week or a rolling seven-day period. This could make a significant difference, for example to when a customer setting a weekly limit on a Sunday evening, after a weekend of high deposits, can make a further deposit. The new RTS implementation guidance states that operators may continue to offer other limits in addition to deposit limits if they wish, including stake limits, loss limits and net deposit limits (the amount deposited minus any withdrawals in the period). However, the RTS provides that only limits meeting the definition of a gross deposit limit may be referred to as a ‘deposit limit’. It is somewhat confusing to suggest in the guidance that operators may offer ‘net deposit limits’, when the RTS has stated that that the term ‘deposit limits’ is restricted. If a net deposit limit were to be offered, presumably it would need to be called something else on the operator’s website, such as a ‘spend limit’
Where other types of limits are offered, operators will need to ensure that the ‘deposit limit’ option is given equal or greater prominence.
Melanie has been providing UK legal and regulatory advice to betting and gaming clients since the advent of the Gambling Act 2005. She advises on all aspects of gambling law including licence applications, compliance, advertising, licence reviews and changes of control and is described in the legal directories as “a very impressive lawyer” who “demonstrates commercial pragmatism supported with a great deal of technical and operational knowledge and experience”.
Melanie has acted for a wide range of gambling operators including major online and land-based bookmakers and casinos, B2B game and software suppliers and start-ups. She also frequently advises operators of raffles, prize competitions, free draws and social gaming products. Melanie has a particular interest in the use of new technology for gambling products and
novel product ideas. She is a regular contributor to industry publications and often speaks at industry events. Melanie is listed as a ‘Leading Partner’ in the Legal 500 guide and is also ranked in Chambers.
NOVEMBER 2025 21
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84
