Marketing in Finland’s Reformed Gambling System

One of the key regulatory areas of the new Finnish Gambling Act is marketing of gambling and gaming services. The new regulation aims to balance the protection of players from the harmful effects of gambling while simultaneously pursuing the objective to raise the channelization rate within the new gambling framework. The current language of the Gambling Act (HE 16/2025 vp) defines ‘channelization rate’ as a measure of the extent to which gambling is directed into the licensed and regulated market instead of unlicensed gambling services operating outside the regulated framework.

In this article we cover the general marketing provisions in more detail. In the new Gambling Act, sponsorships and affiliate-marketing are also governed by the marketing regulations. We’ll cover these aspects in separate articles.

Permitted Marketing Practices

The primary marketing provisions are laid down in Chapter 4 of the Gambling Act. First, all gambling related marketing must remain moderate in its extent, scope, visibility, and frequency. In most cases marketing may be regarded as moderate when marketing is limited in terms of time and its geographical scope. Secondly, the act sets out the permitted marketing channels available to the gambling license holder for promoting its services and brand. Advertising is allowed on television and radio, at events, and in printed media. Marketing on social media is also permitted, but only through the license holder’s own accounts. Additionally, outside marketing is also permitted, while subject to restrictions near schools, pharmacies, healthcare centers and rehab facilities, which emphasizes the player protection regime of the renewed gambling framework.

Marketing may also be directed at existing customers. Under the proposed Act, bonus money may be offered to customers with whom the license holder has an established customer relationship – this proposal was also emphasized by Nordic Law during the law’s preparation process. Such bonus money must be offered on equal terms to all existing customers, and a maximum wagering requirement of five times the bonus money may be imposed. The purpose of bonus money must be customer retention, and its amount must remain moderate. Furthermore, license holders may provide existing customers with non-gambling-related benefits, such as event tickets or other merchandise.

Prohibited Marketing Practices

Since the Gambling Act specifies the permitted marketing practices, the use of any other marketing channels or practices is prohibited. Prohibited practices include affiliate-marketing, which will be covered by our separate article. In addition to marketing channels, the proposed Act also governs the marketing content itself. All content that portrays gambling in a positive light is prohibited. Such marketing may include presenting gambling as a part of everyday life or as something that enhances one’s social status. Additionally, offering any credit or financial instruments for gambling may never be offered. Misleading depictions of winning opportunities or odds are prohibited as well. Thus, the provision od accurate and complete information is key to ensuring lawfulness of marketing communications.

Player protection requires that gambling marketing must not be directed at underage persons. This entails that any media posts or publications directed for an audience mainly consisting of minors must not include gambling related marketing. Also, any events directed at minors must not contain any form of gambling marketing, including promotion of the license holder or its gambling services offered. In addition to restrictions on directing marketing at minors, featuring underage people in the marketing content itself is also prohibited.

The player protection regime also extends to direct marketing. Thus, direct marketing may only be directed at individuals who have explicitly consented to receive such content. However, marketing through phone calls is strictly prohibited in all situations, while marketing via text messages is permitted. Notwithstanding the above, direct marketing may not target individuals who have placed a self-exclusion for all gambling services or who have not participated in gambling within the past two years. In addition to text messages, direct marketing refers to any delivery of marketing content via email, physical mail, and direct messages across any social media platforms. In practice, direct marketing requires the license holder to maintain precise records of players’ consent, and to ensure that such records are accurately applied when determining the audience for direct marketing.  

Reporting Obligations

As part of the application for a gambling license, the applicant must submit a free-form statement outlining the planned marketing activities. The National Police Board of Finland (NPB) has published a draft order specifying the information to be included in the statement. In compliance with the draft order, the application must include information on when and where the marketing is planned to take place. The statement on the applicant’s planned marketing must also include the main marketing channels and methods to be used, along with all brand names intended for use in marketing.

The Proposed Gambling Act requires gambling license holders to submit an annual report to the supervisory authority on the gambling operations conducted during the preceding year by the licensed entity. The reporting obligation also covers the license holder’s marketing activities. The report must provide a comprehensive description of the marketing performed, including detailed information on the marketing channels and methods used, sponsorships, and marketing expenses. Furthermore, the metrics applied within the license holder’s organization to monitor marketing performance and statistics must be provided with the annual report. If the annual reporting obligation is neglected, a penalty payment may be imposed. The amount of such a penalty ranges from €10,000 to €100,000, depending on the overall assessment of the infringement.

Sanctions for Unlawful Marketing

If a gambling service provider engages in prohibited marketing practices, the supervisory authority may impose a prohibition on the entity for non-compliance with the marketing provision laid down in the Gambling Act. The prohibition may apply to the provision as well as the marketing of gambling services, and it may remain in force for a maximum period of 12 months at a time. To ensure compliance with the prohibition, the supervisory authority may impose a conditional fine for a breach thereof. The Market Court is competent for ordering the conditional fine imposed by the supervisory authority to be paid.

When deemed necessary, the supervisory authority may order a gambling service provider to remove its marketing content. The authority may also instruct the domain registry operator or the domain name registrar to remove a domain used by the gambling service provider. A conditional fine may also be imposed to enforce the removal order.

Perhaps as the harshest supervisory measure, the supervisory authority may withdraw a gambling service provider’s license if the license holder has repeatedly or seriously violated the provisions of the Gambling Act or the regulations and orders issued thereunder. The withdrawal of a license requires that the license holder has intentionally failed to comply with a prohibition or removal order previously imposed on the licensed entity.

In addition to prohibitions, removal orders, and license withdrawals, the supervisory authority may impose an administrative penalty on the license holder who infringes the marketing provisions of the Gambling Act. In principle, the amount of such a penalty may not exceed 4 % of the license holder’s revenue.

Final Remarks

Marketing constitutes one of the key regulatory areas under the new Finnish Gambling Act. The lawful provision of gambling services requires a precise understanding of permitted and prohibited marketing practices, related reporting obligations, and the rationale underpinning these provisions. As the Act regulates not only the marketing channels but also the substance of marketing content, the creation of compliant marketing materials necessitates a thorough understanding of the player protection framework.   

The submission of application for gambling licenses is expected to commence at the beginning of 2026. Accordingly, the early preparation of the documentation required for a license application will facilitate a smooth entry into the reformed Finnish gambling market.

At Nordic Law, we combine knowledge of the gambling market with a strong understanding of its evolving regulatory framework. Drawing on extensive experience guiding clients through EU and national licensing processes, we are well positioned to support operators preparing to enter the Finnish market. We’re welcoming any opportunity to discuss how we can assist with the successful launch of your gambling services as one of the first new license holders.