Bird & Bird's French Legal Experts Analyze ANJ-Approved Promotional Strategies
Gain exclusive insights from French legal experts Cathie-Rosalie Joly and Cécile Bouchard of Bird & Bird as they dissect the implications of ANJ-approved promotional strategies
The ANJ has approved promotional strategies with demanding conditions. Read the insights from French legal experts Cathie-Rosalie Joly and Cécile Bouchard of Bird & Bird, exclusively provided to Gambling.Re, to discover how these conditions might shape the future landscape of promoting gambling activities and products in France, and how operators can effectively navigate these requirements.
Annually, gambling operators, whether functioning within a monopoly or amid competition, are obligated to seek the approval of their promotional strategies from the French Gambling Authority (Autorité Nationale des Jeux or ANJ). The ANJ meticulously evaluates these strategies, aligning them with the State's gambling policy objectives, with a specific focus on preventing excessive or pathological gambling and shielding minors from potential harm.
In scrutinising these promotional endeavors, the ANJ employs a comprehensive analytical framework that seeks to strike a delicate balance. This balance encompasses recognising operators' legitimate use of advertising to promote legal gambling while simultaneously addressing the imperative to avoid encouraging excessive or pathological gambling tendencies and safeguarding the well-being of minors. Operational guidelines outlined in the 2021 reference framework provide concrete directives for operators, aiding them in fulfilling their obligations.
Although the ANJ granted approval to the submitted promotional strategies, it did so with stringent conditions attached. Certain operators were directed to significantly temper their promotional efforts, particularly during high-profile events such as Euro 2024 and the Paris Olympic Games. This directive aimed to prevent undue advertising pressure across various media channels. Operators were also advised to exercise moderation in deploying attractive promotional tools, especially in cases involving a heightened risk of problem gambling, such as fast poker tournaments, live betting, and high-odds betting. Furthermore, financial incentives for player recruitment or retention were mandated to remain moderate, transparent to the public, and not extended to individuals identified as potentially engaging in excessive or pathological gambling.
Notably, gaming operator may face partial rejection of their promotional strategy by the ANJ, specifically concerning bonuses and financial rewards as the ANJ highlighted the significant risk associated with a substantial volume of financial rewards, continuous distribution with gambling action, and the potential conversion into bets or poker. The ANJ emphasized that this risk was particularly pronounced among the most vulnerable players.
These decisions by the ANJ underscore the critical importance of considering the inherent risks associated with gambling activities within the framework of operators' promotional strategies. While operators are granted the flexibility to promote legal gambling, it is imperative that such promotion adheres to stringent regulations to prevent the inadvertent encouragement of excessive or pathological gambling. Operators are reminded to integrate comprehensive safeguards for each type of promotional strategy, ensuring they not only comply with regulatory standards but also actively contribute to minimising risky gambling practices and protecting vulnerable players.