European Union’s digital regulation continues to evolve in ways that can potentially affect gambling operators within and outside the EU. For example, three notable recent legislative instruments—the European Accessibility Act (Directive 2019/882, ‘EAA’), the Digital Services Act (Regulation 2022/2065, ‘DSA’), and the Artificial Intelligence Act (Regulation 2024/1689, ‘AI Act’)—each contain elements that operators should take the time to understand thoroughly. These measures reflect a broader shift in EU policy that seeks to protect EU citizens, consumers and other stakeholders; improve digital accessibility; and govern the rapidly emerging technologies. While gambling companies based outside of the EU might assume they are unaffected by these regulations, the ‘extraterritorial’ provisions and potentially wide scope of enforcement mean that, in certain circumstances, compliance efforts could be warranted or even required.

The European Accessibility Act introduces digital accessibility requirements for online services available to EU consumers, regardless of where the company is established. In practice, it functions as a mandatory market entry requirement: if you want to do business in the EU, you need to comply. Despite its common nickname, the ‘European Accessibility Act’ is a directive, which means it has been transposed into 27 different national laws across the EU. As a result, enforcement falls to the competent national authorities in each Member State. Enforcement is expected to be streamlined through the development of harmonised standards that will provide a presumption of conformity for providers. However, the standardisation process is still afoot, and the relevant standards will not be in place by the time the EAA obligations become applicable on 28 June 2025. This will usher in a period of legal uncertainty, although it is partially mitigated by a five-year grace period for existing service contracts.

While the EAA formally applies only to business-to-consumer relationships, in practice there is growing pressure for compliance further up the supply chain—particularly in sectors such as gambling, video games, and audiovisual services—effectively making accessibility requirements relevant in business-to-business contexts as well.

Much will depend on the specific features of the gambling service, but under the EAA, the primary focus of compliance is unlikely to be the accessibility of the underlying game itself—which may in fact fall outside the scope of the directive. Instead, attention will likely centre on the service’s e-commerce components, whether integrated into the operator’s website or mobile application. The definition of e-commerce is broad, and there is currently no authoritative guidance—let alone established legal practice—clarifying which elements of a gambling service are affected. However, the e-commerce gateway where commercial transactions take place is very likely to fall within scope, as is the payment account management.

As for the actual compliance standards under the EAA, they include providing information about the accessibility of the service, adapting support services (such as help desks), and ensuring that certain parts of the service are accessible. Accessibility, in this context, means making the service perceivable, operable, understandable, and robust. Since the EAA applies broadly to many types of services, it leaves open the question of which groups of persons with disabilities the relevant parts of a service must accommodate. This determination will be subject to case-by-case analysis by national regulators.

While the Digital Services Act limits liability for various types of digital service providers, it also imposes a series of due diligence obligations on intermediaries, which become progressively more stringent depending on the nature of the service offered. The Regulation’s jurisdictional scope extends to all situations where EU consumers are targeted, provided the operator’s activities have a ‘substantial connection’ to the EU. Consequently, all gambling operators serving EU users may face new compliance challenges.

The DSA requires intermediary services to implement clear terms of service and ensure effective content moderation. In the gambling sector, this may lead to heightened scrutiny of user-generated content on gambling sites. The DSA is therefore particularly relevant for gambling sites that feature chat functions or social feeds. Depending on their specific functionalities, such sites are likely to qualify as hosting services or online platforms under the DSA. This classification brings with it due diligence obligations related to content moderation, including the requirement to publish transparency reports on the measures taken.

The DSA is also relevant to online advertising through its transparency requirements, which obligate online platforms to clearly, concisely, and unambiguously label advertisements on their interfaces in real time. This obligation is likely to apply to gambling operators that qualify as online platforms. A voluntary code of conduct on online advertising is expected to further clarify how these transparency requirements should be applied. The Code is set to be developed and rolled out in the near future.

Finally, the EU’s Artificial Intelligence Act establishes the regulatory framework for AI systems and general-purpose AI models. Under the AI Act, providers of such systems are subject to requirements including transparency obligations. The Act reflects the EU’s clear intention to hold all companies accountable when placing AI-enabled products or services on the EU market, placing the responsibility on gambling operators to assess their use of AI tools for regulatory compliance.

Gambling businesses increasingly rely on AI to detect fraud, assess player risk, and personalise user experiences—and broader adoption of AI technologies is likely. While the sector’s current regulatory exposure under the AI Act may be limited, it is most likely to arise in relation to AI system operators, particularly where AI is integrated into consumer-facing applications. For instance, the use of AI-driven chatbots assisting customers could fall within scope. Additional regulatory obligations may emerge as operators begin to develop or fine-tune custom AI models for internal or external use, following trends seen in other sectors.

Ultimately, these legislative developments underscore that EU regulations on digital services, accessibility, and AI technology may have extraterritorial reach. With enforcement activity expected to intensify once each law becomes fully applicable, gambling operators should proactively assess their platforms, services, and AI-driven processes to identify potential compliance risks. Early preparation can offer a competitive edge, safeguard reputation, and help avoid future regulatory scrutiny.

Regulation across the EU is evolving fast—and so must your compliance strategy. At Wiggin, our Brussels Office is well placed to support gambling operators with practical, up-to-date legal advice on EU law on accessibility, digital services, and AI. We bring the legal expertise you need to navigate this complex and fast-moving landscape with confidence.