Online gambling: main legal risks and how to guard against them in 2025

The online gambling sector is undergoing constant change, both technologically and from a regulatory standpoint. In France, the legislation governing this activity has been considerably strengthened, in particular with the entry into force of the SREN law of May 2024.

Faced with this increasingly complex legal framework, operators must be especially vigilant to avoid administrative and criminal sanctions. Here are the main legal risks they face and the means of guarding against them.

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Failure to obtain authorisation from the National Gaming Authority

The National Gaming Authority (ANJ) is the essential regulator of the gambling sector in France. One of the most common pitfalls for operators is failing to obtain the necessary authorisations or to make the mandatory declarations before launching their activity.

The SREN law introduced a new specific declaration obligation for businesses offering games involving monetisable digital objects. This declaration must contain precise information on the nature of the games offered, the monetisation mechanisms and the player protection measures.

To avoid sanctions, which can go as far as a ban on operating and fines of up to several million euros, it is imperative to:

• Precisely identify the regime applicable to your gaming offer
• Compile a complete file meeting the ANJ's requirements
• Maintain constant monitoring of changes in declaration obligations

Inadequate age verification systems

The protection of minors is an absolute priority for the authorities. A growing number of disputes concern platforms that have, directly or indirectly, allowed minors to access gambling.

For operators, the consequences can be disastrous:

• Immediate administrative sanctions
• Criminal liability of directors
• Lasting reputational damage
• Risk of permanent closure of the platform

Merely providing an "I am of legal age" checkbox is largely insufficient. Verification mechanisms must be robust and compliant with the recommendations of the CNIL and the GDPR. Best practices include:

• Immediate blocking of suspicious accounts
• Two-step verification (identity document and second factor)
• The use of biometric verification solutions
• The implementation of regular and random checks

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Risks related to inappropriate commercial communications

Advertising for gambling is strictly regulated. The law notably prohibits any commercial communication directly or indirectly targeting minors. Influencers who promote gambling must henceforth ensure that their audience excludes minors.

Common mistakes in this area include:

• The use of advertising media accessible to minors
• Recourse to fictional characters or celebrities popular among young people
• The absence of warning messages about the risks of addiction
• Excessively enticing promotions encouraging compulsive gambling

To navigate this minefield, operators must put in place a rigorous communication policy involving:

• Systematic legal validation of advertising campaigns
• Strict criteria for selecting partners and influencers
• Regular monitoring of distribution channels
• Complete documentation of the measures taken to target only an adult audience

Legal complications related to monetisable digital objects

The emergence of monetisable digital objects constitutes a genuine legal grey area. The SREN law authorises, on an experimental basis and for a period of three years, games allowing these objects to be won by chance, subject to certain strict conditions:

• A prohibition on selling or exchanging them for real money
• The impossibility for the operator to buy them back
• Precise ceilings set by decree

For innovative operators wishing to exploit this new economic model, it is crucial to:

• Understand the exact limits of the legal experiment
• Put in place technical safeguards preventing external monetisation
• Precisely document the functioning of the digital objects
• Plan adaptation scenarios depending on regulatory developments

As an expert in the field points out, "monetisable digital objects represent a major economic opportunity for the industry, but require a particularly cautious legal approach given the experimental nature of the legislation." The support of a lawyer specialising in digital law is essential to secure these new models.

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The risk of non-compliance with anti-money laundering obligations

Gambling operators are considered to be entities subject to obligations to combat money laundering and the financing of terrorism. As such, they must put in place specific due diligence and reporting procedures.

Breaches in this area are severely sanctioned, with fines of up to 5 million euros or 10% of annual turnover. The main obligations include:

• Rigorous identification of players
• The establishment of thresholds triggering checks
• Staff training on warning signals
• The documentation and retention of transaction data

Operators must also cooperate fully with TRACFIN in the event of suspicious transactions, without informing the persons concerned.

How to legally secure your online gambling activity

Faced with these numerous regulatory challenges, a proactive approach is essential. Here are the key steps to secure your activity:

1. Comprehensive compliance audit Carry out a detailed audit of your platform to identify risk areas and gaps in compliance with the regulations in force.
2. Establishment of legal monitoring Regulations evolve rapidly. Constant monitoring will allow you to anticipate changes and adapt your model accordingly.
3. Team training Make sure your staff understand the legal issues and know how to identify risk situations, particularly in customer service and marketing.
4. Rigorous documentation In the event of an inspection, you must be able to demonstrate that you have taken all the necessary measures to ensure the compliance of your activity.
5. Regular consultation of experts Engaging a gambling lawyer will allow you to update your legal strategy and anticipate legislative developments. Specialised expertise is particularly valuable in this sector where regulatory changes are frequent and can have major impacts on your business model.

Legal expertise, a competitive advantage

In a sector as heavily regulated as online gambling, legal compliance should not be perceived as a mere constraint, but as a genuine competitive advantage. Operators who invest in a sound legal approach benefit from long-term security and enhanced credibility with players.

The 2024 SREN law marks an important turning point, in particular with the introduction of the experimental framework for monetisable digital objects. This development could open up new commercial opportunities, but only for those players who are able to navigate the regulatory maze with precision.

To support you in this process and avoid potentially devastating legal pitfalls for your business, do not hesitate to consult a specialised lawyer who masters the specific features of this constantly evolving regulation.