EL urges Council of the EU to exclude explicit mention of online gambling and betting services from Digital Services Act

The specific reference to “in particular with regard to online gambling and betting services” wrongly implies that national regulations on illegal content in the gambling sector are often not in compliance with the EU law. Whereas there are definitely restrictions on the freedom to provide online gambling services in most Member States, these national laws aim to combat crime and fraud and to protect consumers in a manner that meets the requirements as set out in the caselaw of the Court of Justice of the EU.

In its original proposal, the European Commission underlined that the DSA would be without prejudice to the e-Commerce Directive (2000/31/EC) and that it builds on the provisions laid down therein. This implies that the clear exclusion of the gambling activities as stipulated in the e-Commerce Directive would continue to apply under the DSA, too. It is therefore very unclear why “online gambling and betting services” would have an explicit mention in recital 29 of the final text of the DSA concerning the application of the free movement principles, especially when no other sector is mentioned.