As of 28 June 2025, the European Accessibility Act (Directive (EU) 2019/882) will come into force across the EU through the transposing legislation of each Member State. The Directive introduces accessibility requirements for a range of products and services, with particular implications for businesses operating in the digital domain. This article explores how the Directive may apply to online gambling operators, with a practical overview of the relevant provisions.
Transitional regime and existing player accounts
A key provision for gambling operators is Article 32(1) of the Directive. It provides that service contracts concluded before 28 June 2025 may remain in force without modification until they expire, subject to a maximum continuation period of five years.
In practice, online gambling services are based on user accounts, which represent service contracts of indefinite duration. Under the transitional provision, these existing user agreements may continue to operate in their current form until 28 June 2030, without immediate need for compliance with the new accessibility standards. This offers a degree of operational stability for gambling platforms as they prepare for the Directive's full implementation.
Online gambling as an e-commerce service
Although the Directive does not refer explicitly to gambling, its broad definitions and recitals suggest that online gambling services are likely to fall within its material scope.
Article 2(30) defines "e-commerce services" as services "provided at a distance, through websites and mobile device-based services, by electronic means and at the individual request of a consumer, with a view to concluding a consumer contract." Also, Recital (42) elaborates on this definition, confirming its application to services delivered electronically, on-demand, and consumer-directed.
Online gambling platforms clearly satisfy these criteria: they operate at a distance, rely on websites or mobile applications, and involve the creation of user accounts through consumer-initiated processes. As such, online gambling services may be deemed as qualifying as e-commerce services within the meaning of the Directive.
Recital (43) further supports the Directive's applicability to the gambling field, stating that its e-commerce accessibility obligations should apply to the online sale of any product or service. Therefore, even where online gambling is not directly referenced, its digital and commercial delivery model places it within the scope of the Directive's accessibility regime.
Operators as "service providers" under the Directive
Under the Directive, economic operators are classified into categories including product manufacturers, importers, distributors, and service providers. Online gambling operators are best understood as service providers, as they offer consumer-facing digital services rather than physical goods.
As service providers, gambling operators are subject to a distinct set of obligations, including:
- Ensuring websites, mobile applications, and user interfaces are accessible to persons with disabilities;
- Providing accessible customer support and communication channels;
- Making information on the accessibility of services available to end users.
These obligations are tied to technical accessibility requirements that will be further clarified through harmonized European standards or implementing acts, which are expected in the lead-up to the 2025 deadline.
Next steps for compliance
While the five-year transition period for existing user accounts offers a buffer, gambling operators should begin evaluating their platforms and services for future compliance. Key preparatory steps include:
- Auditing digital interfaces for compliance with existing and expected accessibility standards;
- Planning updates to user onboarding flows, customer support systems, and mobile apps;
- Monitoring national transposition measures and any sector-specific guidance that may emerge.
Operators offering services across multiple EU jurisdictions should also track variations in national implementation, as Member States retain some discretion in enforcement and penalties.
Although not specifically aimed at the gambling sector, the European Accessibility Act will have a material impact on online gambling operators due to the inclusion of e-commerce services within its scope. Recognizing the relevance of the Directive now allows operators to strategically plan for compliance, minimize legal risk, and align their services with broader goals of digital accessibility and inclusion. For a deeper dive into the specific obligations and technical criteria applicable to gambling operators under the Directive, further legal analysis and implementation guidance may be required as Member States complete the transposition process and accompanying standards are finalized.
Originally published by Casino Inside Magazine, May 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
