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Part 1: Affiliates and the pendulum-swing against igaming marketing Part 1: Affiliates and the pendulum-swing against igaming marketing The affiliate marketing sector is under pressure from the latest moves in Italy, Spain, Belgium, the UK and Sweden. This has important implications for the future of not only affiliates but also operators and could be the defining factor in the continued relationship between the two Affiliates in the regulatory spotlight As much as with their own customers – the world’s online gambling operators – online gambling-focused affiliates are increasingly under the regulatory spotlight in the UK as well as across various other jurisdictions including the newly regulated Swedish market, Denmark, Italy (where an outright ban on all forms of gambling marketing will come into force in 2019), Spain and Belgium. None of this should be surprising. The pressure being exerted on operators with regard to the marketing of gambling across Europe – nowhere more so than in the UK – is forcing operators to fundamentally reconsider how they go about their activities. This includes their affiliate relationships; hence decisions such as that of Sky Bet in September 2017 to end its own affiliate programme while 888 and GVC’s Ladbrokes have also indicated a scaling back of their activities in the area. Further, in September 2017 it was reported that Paddy Power Betfair had sent a letter to its affiliates warning of a ‘one-strike-and-you’re-out’ rule over future rules violations. All this is taking place in the context of an increasing groundswell of criticism from consumers, as much as from politicians and legislators, of the marketing of gambling in an increasing number of regulated markets. Spain, Belgium and Denmark are the latest to instigate crackdowns on the advertising of gambling in general, while as mentioned Italy will next year institute a complete ban at some point on all gambling marketing (a development fraught with issues for affiliates). The pressure being exerted by the UK (see below for the rundown Affiliates need to be acting as if they were licensed themselves John Hagan, Harris Hagan Under pressure: Regulation and the evolution of affiliate marketing 5