Background
As part of its ongoing reform programme following the UK Government's 2023 White Paper, the Gambling Commission conducted a consultation in Autumn 2023 that examined, among other things, how operators could better support customers in using customer-led tools such as financial limits, and how to improve transparency around the protection of customer funds.
Following analysis of feedback from industry stakeholders and consumer groups, the Commission confirmed in February this year that there would be amendments to the Remote Technical Standards (RTS) requirements relating to deposit limits, and to Licence Condition 4.2.1 regarding the protection of customer funds.
Upcoming changes
Mandatory financial limit prompts (RTS 12A-12E)
From 31 October 2025, all online gambling operators must:
- Prompt customers to set a financial limit as part of the registration process, or at the point of their first deposit.
- Remind customers at least every six months to review their account and transaction information. Customers must also be able to set more frequent reminders if they wish.
- Ensure limit-setting facilities are clearly visible and accessible via links on the homepage and deposit pages, with the number of clicks minimised.
- Offer financial limits using free text, or the equivalent in the case of telephone gambling (i.e. no pre-set options).
- Apply limits at account level (operators may also offer product and channel level limits).
- Present setting a financial limit as the default option - customers do not have to set a limit, but must actively opt out to confirm that decision.
- Prompt customers at least annually to review their decision if they have chosen not to set a limit.
- Action decreases to limits immediately, and otherwise inform customers when the reduction will take effect in the event of system or technical issues.
Operators should also note that the Commission has carried out a supplementary consultation on the definition of deposit limits, resulting in further changes to RTS 12 that will come into force from 30 June 2026. These changes include, among others, a new requirement that the term "deposit limit" must refer to a 'gross' deposit limit (i.e. based solely on the amounts paid into the customer's account), as opposed to net deposit limits, and that gross deposit limits must be offered by all operators as a minimum.
Customer funds protection transparency (Licence Condition 4.2.1)
All operators are currently required to disclose to customers whether their funds are protected in the event of insolvency, and the level of such protection (using prescribed terminology).
From 31 October 2025, LCCP 4.2.1(3) will require operators whose customer funds are "not protected" in the event of insolvency to remind consumers of this fact every six months. The reminder must refer to the value of funds held for the customer, and the customer cannot gamble further until they have acknowledged receipt of the information.
Lottery licensees are exempt from this new requirement.
Practical considerations
Operators should ensure they have reviewed and updated their user interfaces and limit-setting processes ahead of the 31 October deadline to ensure compliance with the new requirements. They should also actively monitor customers who decline to set limits on at least an annual basis, so the required annual reminder can be sent.
New implementation guidance has been included in the new and updated RTS provisions, providing helpful clarification on how operators can meet these obligations.
If you have any questions about these changes or require assistance with implementation, the Betting & Gaming team at Mishcon de Reya would be pleased to help. Please do not hesitate to get in touch.