The Gambling Commission proposed amendments to its direct marketing rules in response to the previous UK government’s White Paper on gambling reform.  Among other things, the government wanted to give customers more control over the marketing they receive, such as opting in for online bonuses and offers for various gambling products. 

Industry feedback to the Commission's proposed rules indicated that the proposed rules might unintentionally require operators to deny service to customers until they set their marketing preferences according to the new requirements. This was never the intention.

Operators also asked if existing marketing preferences that align with the new requirements could be shown to customers or mapped to the new preferences. There were also questions about updating preferences for customers returning from self-exclusion or those who had opted out of marketing.

In response, the Commission has amended its proposed updates to the upcoming Social Responsibility Code – 5.1.12. Customers who have opted out of marketing do not need to be shown the new marketing preferences when they first log in after the new rules take effect. However, all existing customers must have the option to update their marketing preferences, and new customers must be able to set them when they sign up.

The Commission acknowledges the benefit of efficiently transitioning preferences based on the new requirements. For instance, if a customer has opted into SMS marketing, this preference can be carried over to the new options, although the customer can change it at any time. Customers who have not previously selected options that match the new requirements will be given the opportunity to do so.

Any customer who has set both marketing preferences for channel and product in line with the new requirements before the implementation date does not need to be asked again.

The Gambling Commission has provided scenarios to help operators understand the new rules. 

The new rules will now also come into effect on 1 May 2025, instead of the originally planned January date.