DENMARK PROPOSES WHISTLE-TO-WHISTLE GAMBLING AD BAN AND END TO REVENUE-SHARE AFFILIATE DEALS

Denmark has reintroduced legislation proposing tighter restrictions on gambling advertising, including a ban on advertising around live sports broadcasts and new limits on how affiliates can be paid.

Taxation and Growth Minister Jakob Engel-Schmidt presented bill L 37 to the Folketing on 7 October. The proposal revives, with minor adjustments, legislation that lapsed when a general election was called in March. It forms part of Spilpakke 1, a package of gambling reforms agreed by the previous government and several other political parties in October 2025.

The bill proposes restrictions on gambling marketing across television, streaming services and public spaces. It would also change the rules governing affiliate payments, extend liability for advertising breaches and strengthen the authorities’ powers to block websites directing Danish consumers to unlicensed operators.

The proposed marketing rules are due to take effect on 1 July 2027, with the wider legislation scheduled to enter into force on 1 January 2027.

A wider ban around live sports

The most visible measure is a statutory whistle-to-whistle advertising ban covering the period from 10 minutes before a live sports broadcast begins until 10 minutes after the event ends.

The restriction would apply to television and streaming services, including intervals during a broadcast and the display of live betting odds. It would apply to the channel carrying the event rather than all channels, meaning gambling advertising could continue on a separate channel showing other programming.

Gambling advertising inside stadiums would also be restricted during play, although stadium banners and shirt sponsorship would remain permitted.

The proposal goes further than the voluntary arrangements adopted by gambling operators in Britain, which include a five-minute buffer before the 9pm watershed. Denmark’s proposed rules would be set in legislation and would not be limited to broadcasts before that watershed.

New limits on gambling marketing

The bill would also introduce additional restrictions on how gambling products can be promoted.

Advertising would remain subject to existing requirements that gambling be presented as entertainment and not be targeted at, or particularly appealing to, under-18s. The proposed changes would also prohibit marketing that presents gambling as a priority, a lifestyle or a way of belonging to a community.

Ads could not feature anyone under 25 or use individuals regarded as authorities or role models. The bill’s explanatory notes include current and former professional athletes, actors and people with more than 10,000 followers or 100,000 accumulated views among those who could fall within the restrictions.

Gambling marketing would also be prohibited on public transport and in public spaces within 200 metres of schools and youth education institutions. The proposed definition of public space excludes stadium interiors and shops within the designated zones.

Changes to affiliate payments

One of the bill’s most significant commercial provisions concerns affiliate marketing.

The proposal would prohibit payments to third parties based on players’ turnover, winnings or losses. The restriction would also apply to existing contracts for activity taking place after the new rules come into force.

Payment models based on referred visitors would remain permitted, leaving affiliates able to operate under arrangements such as fixed fees or payments linked to traffic rather than player losses.

The proposal would change the commercial incentives behind affiliate agreements by preventing compensation from being directly tied to how much referred customers gamble or lose.

The bill would also extend liability for breaches of gambling marketing rules beyond licensed operators. Influencers, affiliates and other parties involved in prohibited promotion could face penalties directly.

The ministry has additionally indicated that it intends to prohibit free bets and free spins offered as welcome incentives through a separate executive order.

Stronger duties and enforcement powers

The proposed legislation would place a statutory duty on almost all gambling licence holders to monitor players for signs of problem gambling and take prompt action when concerns arise.

Penalties for online breaches would be linked to gross gaming revenue. For intentional breaches of certain rules applying to land-based gambling, the explanatory notes set out fines of DKK 60,000 for a first offence and DKK 80,000 for a second. A third offence could result in the licence being revoked.

The Danish Gambling Authority, Spillemyndigheden, would also receive powers to block websites targeting Danish consumers and directing them towards unlicensed gambling operators.

These provisions are intended to reinforce the advertising restrictions and limit the risk that consumers move from regulated operators to offshore alternatives.

The expected economic impact

The ministry’s assessment acknowledges that the advertising restrictions could reduce spending on regulated gambling, with some activity potentially shifting to the unregulated market.

It estimates that the live sports advertising ban could cost the state approximately DKK 25 million annually. The assessment also suggests that the overall reduction in gambling marketing could be limited, as operators may redirect some advertising expenditure to other times and channels.

These projections highlight a central challenge for the proposed reforms: restricting the visibility of licensed gambling does not necessarily eliminate demand for gambling products or prevent unlicensed operators from reaching consumers.

The government’s proposed response includes broader website-blocking powers and the extension of liability to parties promoting unlicensed brands.

The industry has previously explored alternative approaches. In 2024, the Danish industry association Spillebranchen argued for limiting gambling advertising to three ads per commercial break, following difficulties in establishing voluntary restrictions with broadcasters.

How Denmark compares with other European markets

Denmark’s proposal sits alongside a range of advertising restrictions introduced elsewhere in Europe.

In Britain, the whistle-to-whistle arrangement remains a voluntary industry measure, while Spain limits gambling advertising on television to overnight hours. The Netherlands has introduced restrictions on untargeted gambling advertising and a ban on gambling sponsorship in sport.

Denmark’s proposed approach would establish a statutory 20-minute exclusion period around live sports broadcasts. However, it would stop short of prohibiting shirt sponsorship and stadium advertising altogether.

The proposed restriction on the use of people under 25 also reflects an approach already present in British advertising rules, which limit gambling promotions likely to appeal to or feature young people.

Across Europe, regulators continue to balance the objectives of reducing gambling exposure, protecting vulnerable consumers and maintaining a regulated market that can compete with unlicensed operators.

Parliamentary process ahead

The reintroduced bill will now proceed through the Danish parliamentary process. Its first reading was reported as scheduled for 22 October, although the sitting’s agenda had not been published at the time of the original report.

If approved, the legislation would introduce changes across several areas of the Danish gambling market, from advertising around live sports to affiliate remuneration, player protection and enforcement against unlicensed operators.

The affiliate payment restriction is a particularly significant element for the industry, as it would directly change how operators and marketing partners structure commercial agreements. The wider impact will depend on the final legislation, how the rules are enforced and whether the restrictions influence consumer activity in the regulated and unregulated markets.