Governing law
What are the main applicable governing laws or codes for prize promotions?
Argentina
| Name | Law or Code? |
|---|---|
|
The Civil and Commercial Code of the Argentine Republic ('CC Code') |
Code |
|
The Commercial Loyalty Law (Law number 22,802 as amended) |
Law |
|
Customers' Protection Law (Law number 24,240 as amended) |
Law |
|
Personal Data Protection Law (Law number 25,326 as amended) |
Law |
| Decree 961/2017 and Resolution 915/2017 (of the Secretariat of Commerce modified the regulations of the conditions for those who organizse or promote contests, draws and sweepstakes with the aim of simplifying certain formalities) |
Law |
Note: Prize promotions regulations in Argentina are the responsibility of each province. Argentina is subdivided into twenty-three provinces (provincias) and one autonomous city, the City of Buenos Aires. Even though the provinces and the City of Buenos Aires exist under a federal system, they have their own constitutions, and local regulations. Organisers/sponsors must be aware of the applicable legislation for the provinces included within the territory.
Australia
In Australia, Prize Promotions are governed by State and Territory legislation. The laws and codes that will apply to a prize promotion will depend on where the Prize Promotion is advertised and made available to entrants. If a Prize Promotion is to be advertised nationally, the promoter will need to ensure compliance with the laws and codes in each State and Territory. A promoter may be required to obtain permits in more than one State or Territory.
Australian Capital Territory
| Name | Law or Code? |
|---|---|
| Lotteries Act 1964 (ACT) | Law |
| Gambling and Racing Control (Code of Practice) Regulation 2002 | Law |
New South Wales
| Name | Law or Code? |
|---|---|
| Lotteries and Art Unions Act 1901 no 34 (NSW) | Law |
| Licensing and Registration (Uniform Procedures) Act 2002 (NSW) | Law |
| Lotteries and Art Unions Regulation 2007 (NSW) | Law |
Northern Territory
| Name | Law or Code? |
|---|---|
| Gaming Control Act 2000 (NT) | Law |
| Gaming Control (Community Gaming) Regulations 2011 (NT) | Law |
| Northern Territory Code of Practice for Responsible Gambling | Code |
Queensland
| Name | Law or Code? |
|---|---|
| Charitable and Non-Profit Gaming Act 1999 (QLD) | Law |
South Australia
| Name | Law or Code? |
|---|---|
| Lottery and Gaming Act 1936 (SA) | Law |
| Lottery and Gaming Regulations 2008 (SA) | Law |
Tasmania
| Name | Law or Code? |
|---|---|
| Gaming Control Act 1993 (TAS) | Law |
| Gaming Control Regulations 2004 (TAS) | Law |
Victoria
| Name | Law or Code? |
|---|---|
| Gambling Regulation Act 2003 (VIC) | Law |
| Gambling Regulation Regulations 2005 (VIC) | Law |
| Gambling Regulation Amendment Regulations 2012 (VIC) | Law |
WA
| Name | Law or Code? |
|---|---|
| Gaming and Wagering Commission Act 1987 (WA) | Law |
| Gaming and Wagering Commission Regulations 1988 (WA) | Law |
Australia
| Name | Law or Code? |
|---|---|
| Australian Consumer Law (ACL), set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) | Law |
| Privacy Act 1988 (Cth) | Law |
| Spam Act 2003 (Cth) | Law |
| Do Not Call Register Act 2006 (Cth) | Law |
Austria
| Name | Law or Code? |
|---|---|
| Games of Chance Act (Glücksspielgesetz, 'GSpG') | Law |
| Criminal Act (Strafgesetzbuch, 'StGB'): s. 168 StGB | Law |
| Consumer Protection Act (Konsumentenschutzgesetz, 'KSchG') | Law |
| Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, 'UWG') – General Provisions | Law |
| E-Commerce Act (E-Commerce-Gesetz, 'ECG') - relevant where prize promotions are offered online | Law |
| EU General Data Protection Regulation (GDPR) Data Protection Act (Datenschutzgesetz, 'DSG') | Law |
Belgium
| Name | Law or Code? |
|---|---|
|
Games of Chance Act 1999, as amended |
Law |
|
Lotteries Act 1851 |
Law |
|
Code of Economic Law 2015, including rules on fair terms in consumer contracts and rules in relation to unfair commercial practices |
Law |
|
Privacy Act 2018, as a transposition and specification of the European General Data Protection Regulation |
Law |
Brazil
| Name | Law or Code? |
|---|---|
|
Federal Law No. 5,768, of December 20, 1971 ('First General Regulation on Promotions') |
Law |
|
Decree No. 70,951/72, of August 9, 1972 ('Decree 70.951') (provides specific regulations on Promotions) |
Law |
|
Ordinance MF No. 41/2008, of February 19, 2008 ('Ordinance 41') Updated general regulation of promotions |
Law |
|
Ordinance MF No. 422/2013 (related exclusively to Cultural Promotions) |
Law |
|
Federal Law No. 13,756/2018, of December 18, 2018 (changes the competence authority to deal with matters relating to Promotions from CAIXA to SEFEL) |
Law |
Canada
| Name | Law or Code? |
|---|---|
|
The Criminal Code |
Law (federal) |
|
The Competition Act |
Law (federal) |
|
Act Respecting Lotteries, Publicity Contests and Amusement Machines |
Law (province of Québec) |
|
Charter of the French Language |
Law (province of Québec) |
|
Canada's Anti-Spam Law |
Law (federal) |
| Personal Information Protection and Electronic Documents Act |
Law (federal) |
| Various provincial privacy legislation |
Law (provincial) |
Chile
| Name | Law or Code? |
|---|---|
|
Chilean Civil Code |
Code |
|
Chilean Criminal Code |
Code |
|
Law 19,995, which establishes the general bases for the authorization, operation and control of casinos |
Law |
|
Law 20,851, which regulates bingos, lotteries or other similar sweepstakes, with a beneficial or solidarity purpose |
Law |
| Law 18.568, which establishes standards of Lottery of Concepcion (Lotería) |
Law |
| Decree No. 152, of the Ministry of Finance, setting the refunded, coordinated and systematized text of the Chilean Charity Polla organic law |
Decree |
| Decree 1,298, which assigns to Polla the administration of the system of sports forecasts (Sistema de Pronósticos Deportivos) |
Decree |
| Law 4,566, of Hippodromes | Law |
| Law N° 19.496, on the protection of rights of consumers rights Law 19,628, Data Protection Act | Law |
| Law N° 19,628, on data protection | Law |
Note 1: Gambling is a regulated activity which is only lawful in situations expressly authorized by law. Games of chance are unlawful, unless authorized by special laws. There is no specific regulation regarding online gambling.
Note 2: The Ministry of Finance regulates through decrees the games of chance administered by Lotería and the Chilean Charity Polla. The supreme decree will establish terms and conditions applicable to the games with regards to the operation of them, the steps that Lotería should take to modify them and the conditions for participation by gamblers.
China
| Name | Law or Code? |
|---|---|
| Anti-Unfair Competition Law of the People's Republic of China 2017 (反不正当竞争法) |
Law |
| Certain Regulations on Prohibiting Unfair Competition in Prize-offering Sales 1993 (关于禁止有奖销售活动中不正当竞争行为的若干规定) |
Code by the State Administration for Industry and Commerce |
| Certain Regulations on Anti-unfair Competition in Pharmaceutical Industry 1993 (医药行业关于反不正当竞争的若干规定) |
Code by the State Pharmaceutical Administration |
| Reply of the State Administration of Industry and Commerce on Issues concerning the Identification of Prize-offering Sales by Lottery Draw and the Interpretation Power of Anti-Unfair Competition Law 1998 (国家工商行政管理局关于抽奖式有奖销售认定及国家工商行政管理局对 《反不正当竞争法》具体应用解释权问题的答复) | Code by the State Administration for Industry and Commerce |
| Reply of the State Administration of Industry and Commerce on Issues concerning the Identification of Prize-offering Sales by Lottery Draw and the Interpretation Power of Anti-Unfair Competition Law 1998 (国家工商行政管理局关于抽奖式有奖销售认定及国家工商行政管理局对 反不正当竞争法》具体应用解释权问题的答复) |
Code by the State Administration for Industry and Commerce |
| Law of the People's Republic of China on the Protection of Consumer Rights and Interests 2013 (消费者权益保护法) |
Law |
| Advertising Law of the People's Republic of China 2015 (广告法) |
Law |
| Measures for the Administration on Sales Promotion Acts of Retailers 2006 (零售商促销行为管理办法) |
Code jointly issued by the State Administration of Taxation, State Administration for Industry and Commerce, Ministry of Commerce, Ministry of Public Security and National Development and Reform Commission |
| Decision on Internet Information Protection 2012 (and data protection provisions scattered in various laws and regulations) (全国人民代表大会常务委员会关于加强网络信息保护的决定) |
Laws and Codes |
| Cyber Security Law of the People's Republic of China 2017 (网络安全法) |
Law |
| Personal Information Security Specification 2017 (个人信息安全规范) |
National Standard |
Colombia
| Name | Law or Code? |
|---|---|
| Constitution – Article 336, that establishes that all profits obtained from any gambling activity represent a monopoly for the nation. Such profits can only be destined to health programs. | Constitution |
| Law 643 of 2001, which regulates all gambling activities and any kind of games of chance (meaning any game whose result is unpredictable and does not depend on the gamer’s abilities). This law also provides a definition of game of skill and dexterity. | Law |
| Decree 1068 of 2015, Part 7 – Regulation of Law 643 of 2001 | Decree |
| Resolution COLJUEGOS 135 of 2012 – Establishes rates and requirements | Resolution |
| Law 1581 of 2012 – Data Protection | Law |
| Law 1480 of 2011 – Consumer Protection Law | Law |
Czech Republic
| Name | Law or Code? |
| Civil Code, Act No. 89/2012 Coll. | Law |
| Consumer Protection Act, Act No. 634/1992 Coll. | Law |
| Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR) | Law |
Denmark
| Name | Law or Code? |
|---|---|
| The Danish Marketing Practices Act | Law |
| The Danish Gambling Act | Law |
| The Danish Gambling Duty Act | Law |
Finland
| Name | Law or Code? |
|---|---|
| The Consumer Protection Act (38/1978) | Law |
| Lotteries Act (1047/2001) | Law |
| The Act on Electronic Communication Services (917/2014) | Law |
France
| Name | Law or Code? |
|---|---|
| May 21, 1836 law, prohibiting lotteries, codified under articles L. 322-1 et seq of the Internal Security Code, as modified by March 17, 2014 law | Law |
| Article L. 121-20 of the Consumer Code deals with promotional lotteries (loteries publicitaires). Unfair / misleading / aggressive commercial practices are governed by articles L. 121-1 et seq. of the Consumer Code. | Law |
| Recommendations of French advertising self-regulatory organization (ARPP) and the International Chamber of Commerce (ICC) Code on Advertising and Marketing Communication Practice | Code |
| Decree No. 92-280 of March 27, 1992 regarding broadcast advertising | Law |
| Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) | Law |
| Law No. 78-17 of January 6, 1978 on 'Information Technology, Data Files and Civil Liberties' (data protection act), as amended | Law |
| Article L. 34-5 of the French Post and Electronic Communications Code regarding electronic direct marketing | Law |
| Recommendations of the French data protection authority (CNIL) and of the EDPB and WP29 | Code |
Germany
| Name | Law or Code? |
|---|---|
| Advertising Directive of the regional media authorities on television ('WerbeRL / Fernsehen') | Code |
| Advertising Directive of the regional media authorities on broadcasting ('WerbeRL / Hörfunk') | Code |
| German Act against Unfair Competition ('UWG'). | Law |
| Interstate Treaty on Broadcasting for offers on broadcast media ('RStV') | Law |
| Telecommunications Act ('TKG') | Law |
| German Telemedia Act ('TMG') | Law |
| Federal Data Protection Act ('BDSG') | Law |
| EU General Data Protection Regulation ('GDPR') | Law |
| German Civil Code ('BGB') | Law |
| Law on Drug Advertising ('HWG') | Law |
Note: Providing gambling services without a German gambling license is illegal and may lead to administrative and even criminal offense proceedings. Regular prize promotions do not constitute gambling under German gambling regulations. However, caution is needed if the characteristics of gambling come into play (especially if payment is required to participate in the prize promotion and if winning the prize depends on chance).
Note: Prize promotions on broadcast media (TV and radio) are subject to significantly fewer rules (under the TMG and RStV) than on non-broadcast media (under the BGB and UWG). This booklet reflects the more detailed requirements relating to non-broadcast media; a careful approach would be to seek compliance with these for broadcast ads as well.
Hong Kong, SAR
| Name | Law or Code? |
|---|---|
| Gambling Ordinance (Cap. 148 of the laws of Hong Kong) (the 'Gambling Ordinance') | Law |
| Gambling Regulations (Cap. 148A of the laws of Hong Kong) | Subsidiary legislation |
| Trade Promotion Competition Licence - Application Forms and Guide for Applicants | Guidance Note |
| Guidance Notes on Application for the Grant of Amusements with Prizes Licence | Guidance Note |
| Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) (the 'Personal Data (Privacy) Ordinance') | Law |
| Places of Public Entertainment Ordinance (Cap. 172) | Law |
| Trade Descriptions Ordinance (Cap. 362 of the laws of Hong Kong) (the 'Trade Descriptions Ordinance') | Law |
| Generic Code of Practice on Television Advertising Standards | Code |
| Radio Code of Practice on Advertising Standards | Code |
| Code of Practice of the Association of Accredited Advertising Agents of Hong Kong | Code |
Note: The AAAA Code only applies to members of the Association of Accredited Advertising Agents of Hong Kong.
Hungary
| Name | Law or Code? |
|---|---|
| Act 34 of 1991 on Gambling Operations ('Gambling Act') | Law |
| Government Decree No. 183/2017. (VII. 5.) on the Gambling Supervisory Authority | Law |
Note: Providing gambling services without a Hungarian gambling license is illegal and may lead to administrative and even criminal offense proceedings. Prize promotions in general do not constitute gambling under Hungarian gambling regulations. However, caution is needed if the characteristics of gambling come into play (especially if payment is required to participate in the prize promotion and if winning the prize depends on chance).
India
| Name | Law or Code? |
|---|---|
| Public Gambling Act, 1867 along with the relevant state legislations (a 'Key Prize Legislation') | Law |
| Lotteries (Regulation) Act, 1998 and the Lottery (Regulation) Rules, 2010 (a 'Key Prize Legislation') | Law |
| Indian Penal Code, 1860 | Law |
| Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (a 'Key Prize Legislation') | Law |
| Prize Competitions Act, 1955 (a 'Key Prize Legislation') | Law |
| Prevention of Money Laundering Act, 2002 read with The Prevention of Money Laundering (Maintenance of Records) Rules, 2005 | Law |
| Foreign Exchange Management Act, 1999, read with the Foreign Exchange Management (Current Account Transactions) Rules, 2000, and the Master Direction on Other Remittance Facilities, 2016 | Law |
| Information Technology Act, 2000 read with the relevant rules, more particularly the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 | Law |
| Consumer Protection Act, 1986 | Law |
| Consumer Protection Bill, 2018 | Bill (as at date of publication this bill has been passed by the lower house of the Indian parliament and shall become law, pursuant to the upper house of the Indian parliament passing it, followed by the receipt of Presidential assent. Upon enactment, it will repeal the Consumer Protection Act, 1986) |
| Advertising Standard Council of India Code | Code |
| Telecom Regulatory Authority of India Act, 1997 read with Telecom Commercial Communications Customer Preference Regulations, 2010 | Law |
Ireland
| Name | Law or Code? |
|---|---|
| Advertising Standards Authority for Ireland's 'Code of Standards for Advertising and Marketing Communications in Ireland' ('ASAI Code') | Code |
| Gaming and Lotteries Acts 1956 to 2013 (Gaming and Lotteries Acts) | Law |
| Consumer Protection Act 2007 ('CPA') | Law |
| Unfair Terms in Consumer Contracts Regulations 1995 and 2000 | Law |
| The Commission for Communications Regulation (ComReg) Code of Practice on Premium Rate Services | Code |
| European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 | Law |
| Data Protection Acts 1988 and 2018 ('Data Protection Acts') | Law |
Italy
| Name | Law or Code? |
|---|---|
| Decree of the President of the Republic of 26 October 2001 No. 430 (the 'DPR') | Law |
| Bulletin Circular of the Ministry of Productive Activities (now Ministry of Economic Development) 28 March 2002, No. 1 (the "Circular"). | Law |
With regard to the advertisement of the prize promotions:
| Name | Law or Code? |
|---|---|
| Legislative Decree of 6 September 2005 No. 206 (the 'Consumer Code') | Code |
| Legislative Decree 2 August 2007 No. 145 (Misleading Advertising) | Law |
| Legislative Decree 2 August 2007 No. 146 (Commercial practices) | Law |
| Commercial Communication Code of the Advertisement Self-Regulatory Authority (the 'IAP Code') | Code |
With regard to the processing of personal data:
| Name | Law or Code? |
|---|---|
| Regulation (EU) 2016/679 on protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "GDPR") | Law |
| Legislative Decree of 30 June 2003 No. 196 and subsequent amendments (the "'Privacy Code"') with regard to the processing of personal data | Code |
Japan
| Name | Law or Code? |
|---|---|
| Act against Unjustifiable Premiums and Misleading Representations (Act No. 134 of 1962) (the 'AAUPMR') | Law |
| Penal Code (Act No. 45 of 1907), Chapter XXIII. Crimes Related to Gambling and Lotteries (the 'Penal Code') | Code |
Luxembourg
| Name | Law or Code? |
| Law of 20 April 1977 on the operation of games of chance and betting in connection with sporting events, as amended (“1977 Law”) | Law |
| Law of 30 July 2002 regulating certain commercial practices, punishing unfair competition and transposing Directive 97/55/EC of the European Parliament and of the Council amending Directive 84/450/EEC on misleading advertising in order to include comparative advertising (Art. 21) (“2002 Law”) | Law |
| Luxembourg Criminal Code (Art. 302) | Code |
| Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) | Law |
Note: The 1977 Law provides that the operation of games of chance is prohibited, except for prize promotions referred to under article 21 of the 2002 Law (i.e. "free lotteries, contests and raffles exclusively for commercial propaganda purposes"). However, the 2002 Law was repealed on 23 December 2016 (see below). Therefore, a strict construction of the 1977 Law could mean that prize promotions are now prohibited in Luxembourg. Nevertheless, this does not seem to be the case, as many prize promotions have been (and continue to be) organized since 2016.
Note: The 2002 Law, which provided for the conditions to be fulfilled for the purpose of organizing prize promotions, was repealed by the Law of 23 December 2016 on sale and sidewalk sales and misleading and comparative advertising. The relevant provisions of the 2002 Law were never replaced. Its principles continue to be applied by certain players on the Luxembourg market as good practice, as no other legal sources are available on this subject. However, there is no certainty that it will be applied and enforced as such.
Mexico
| Name | Law or Code? |
|---|---|
| Federal Civil Code ('Civil Code') [Código Civil Federal] Published on the Official Gazette on August 31st, 1928 |
Code |
| Federal Criminal Code ('Criminal Code') [Cdigo Penal Federal] Published in the Official Gazette on August 14th, 1931 |
Code |
| Federal Law for Gaming and Lotteries ('Gaming and Lotteries Law') [Ley Federal de Juegos y Sorteos] Published in the Official Gazette on December 31st 1947 |
Law |
| Regulations for the Federal Law of Gaming and Lotteries ('Gaming and Lotteries Regulations') [Reglamento de la Ley Federal de Juegos y Sorteos] Published in the Official Gazette on September 17th 2004 |
Regulation |
| Federal Income Tax Law ('Income Tax Law') [Ley del Impuesto sobre la Renta] Published in the Official Gazette on December 11th 2013 |
Law |
| Federal Law for the Protection of the Consumer ('Consumer Law') [Ley Federal de Protección al Consumidor] Published in the Official Gazette on December 24th, 1994 |
Law |
| Regulations of the Federal Law for the Protection of the Consumer [Reglamento de la Ley Federal de Protección al Consumidor] Published in the Official Gazette on August 3rd, 2006 |
Regulation |
| Regulations for Promotions and Offers ('Promotions and Offers Rules') [Reglamento sobre Promociones y Ofertas] Published in the Official Gazette on September 26th, 1990 |
Regulation |
| Internal Regulations for the Ministry of Interior ('Ministry Regulations') [Reglamento Interior de la Secretaría de Gobernación] Published in the Official Gazette on April 2th, 2013 |
Regulation |
| Official Mexican Standard number: NOM-028-SCFI-2007 Commercial practices – information elements required for collectable promotions and/or promotions by means of raffles and contests. ('NOM 028') [NORMA Oficial Mexicana NOM-028-SCFI-2007, Prácticas Comerciales-Elementos de Información en las Promociones Coleccionables y/o Promociones por medio de Sorteos y Concursos] Published in the Official Gazette on October 5th, 2007 |
Compulsory Official Standard (Norma Oficial Mexicana) |
Netherlands
| Name | Law or Code? |
|---|---|
| The Dutch Games of Chance Act (Wet op de Kansspelen) | Law |
| Code of Conduct for Promotional Games of Chance. (Gedragscode Promotionele Kansspelen) ('Code of Conduct') | Code |
| Advertising Code for Games of Chance, offered by Licensees, by virtue of the Games of Chance Act (Reclamecode voor kansspelen die worden aangeboden door vergunninghouders ingevolge de Wet op de Kansspelen) ('Advertising Code for Games of Chance') | Code |
| General Data Protection Regulation (Algemene Verordening Gegevensbescherming) ('GDPR') | Law |
| GDPR Implementation Act (Uitvoeringswet Algemene Verordening Gegevensbescherming) ('UAVG') | Law |
| Telecommunications Act (Telecommunicatiewet) | Law |
New Zealand
| Name | Law or Code? |
|---|---|
| Gambling Act 2003 ('Gambling Act') | Law |
| Fair Trading Act 1986 ('Fair trading Act') | Law |
| Privacy Act 1993 | Law |
Nigeria
| Name | Law or Code? |
|---|---|
| National Lottery Act 2005 | Law |
| Advertising Practitioners (Registration) Act Cap A7 Laws of the Federal Republic of Nigeria, 2004) | Law |
| National Lottery Regulations 2007 | Code |
| Nigerian Code of Advertising Practice & Sales Promotion | Code |
| Nigerian Communication Guidelines on Advertisements and Promotions | Code |
Norway
| Name | Law or Code? |
|---|---|
| The Lottery Act of 24 February 1995 no. 11 ('LA') | Law |
| The Marketing Control Act of 9 January 2009 no. 2 ('MCA') | Law |
| Act of 4 December 1992 no. 127 relating to broadcasting ('The Broadcasting Act') | Law |
| Act of 15 June 2018 no. 38 relating to the processing of personal data ('Personal Data Act') | Law |
| The Gambling Act of 28 August 1992 no. 103('Gambling Act') | Law |
| The Horse Gambling Act of 1 July 1927 no. 3 ('Horse Gambling Act') | Law |
| Regulation on prohibition of payment services for gambling of 19 February 2010 no. 184 ("Payment Regulation") | Law |
| Code of Ethics of the Norwegian Press (printed press, radio, television and net publications) | Code |
Poland
| Name | Law or Code? |
|---|---|
| The Code of Ethics in Advertising of the Advertising Council (Rada Reklamy) | Code |
| The Code of Ethics in Direct Marketing of the Polish Marketing Association - SMB (Polskie Stowarzyszenie Marketingu - SMB) | Code |
| The Civil Code of 23 April 1964 (Journal of Laws 2018, item 1025 as amended) | Law |
| The Gambling Act of 19 November 2009 (Journal of Laws 2018, item 165) | Law |
| The Consumer Rights Act of 30 May 2014 (Journal of Laws 2017, item 683, as amended) | Law |
| The Act on Rendering Services by Electronic Means of 18 July 2002 (Journal of Laws 2017, item 1219) | Law |
| Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR) | Law |
Portugal
| Name | Law or Code? |
|---|---|
| *Game Law (Decree-Law no 422/89, 2, December as amended) *The Gambling Law is the main regulation on prize promotions. The remaining regulations correspond to general rules applicable to related aspects. |
Decree-Law* *In general terms, the difference between Decree-Law and Law is that within the scope of the 'Decree-Law' the legislative process operates via the government and in the scope of 'Law', the legislative process operates via the Parliament |
| Consumer Act (Law no. 24/96, 31 July as amended) | Law |
| General Data Protection Regulation ("GDPR") (a draft proposal of law for the implementation of GDPR is at the Parliament for discussion) | Regulation |
| Data Protection Law (Law no. 67/98, 26, October as amended), which in accordance with Data Protection Authority position, remains in force to the extent it is not in contradiction with GDPR | Law |
| Privacy and Electronic Communications Law (Law no. 41/2004, 18, August as amended) | Law |
| Advertising Code (Decree-Law no. 330/90, 23, October as amended) | Decree-Law |
| Unfair Commercial Practices Regulation (Decree-Law no.57/2008, 26, March as amended) | Decree-Law |
Note: The right to provide State Social Games (e.g. lotteries) offline and online is an exclusive right of Santa Casa da Misericordia and no third entities may provide such games in Portugal. Furthermore, the right to provide 'fortune games' (casino games, bingo, sports betting, etc.) online and offline follow a specific and very restrictive legal framework which is not included in this advice as it is outside the scope of guidance on prize promotions. Also, sales with price reduction (discounts) are outside the scope of the present guide.
Romania
| Name | Law or Code? |
|---|---|
| Government Ordinance no. 99/2000 regarding the marketing of products and services ('GO 99/2000') | Government Ordinance |
| Government Ordinance no. 21/1992 on consumer protection | Government Ordinance |
| Law no. 148/2000 on advertising | Law |
| Law no. 158/2008 on misleading and comparative advertising | Law |
| Law no. 363/2007 on the fight against unfair commercial practices of traders in their relationship with consumers and the harmonization of regulations with European consumer protection legislation | Law |
| Government Emergency Ordinance no. 77/2009 on the organization and exploitation of games of chance | Government Emergency Ordinance |
| General Data Protection Regulation | European Regulation |
Russia
| Name | Law or Code? |
|---|---|
| Russian Civil Code (Part II of 26 January 1996 No. 14-FZ) | Code |
| Russian Federal Law on Lotteries (dated November 11, 2013 No. 138-FZ) | Law |
Saudi Arabia
| Name | Law or Code? |
|---|---|
| The Anti-Commercial Fraud Law and Regulations ('ACFR') | Law |
Singapore
| Name | Law or Code? |
|---|---|
| Common Gaming Houses Act (Cap. 49) ('CGHA') | Law |
| Common Gaming Houses (Exemption) Notification | Subsidiary Legislation (Notification) |
| Remote Gambling Act 2014 ('RGA') | Law |
| Remote Gambling (Exempt Persons) Order 2015 | Subsidiary Legislation |
| Private Lotteries Act (Cap. 250) ('PLA') | Law |
| Betting and Sweepstakes Duties Act ('BSDA') | Law |
| Personal Data Protection Act 2012 (No. 26 of 2012) ('PDPA') | Law |
South Korea
| Name | Law or Code? |
|---|---|
| Monopoly Regulation and Fair Trade Law ('FTL') | Code |
| Guidelines for Review of Unfair Trade Practices | Law |
| Act on Special Cases Concerning Regulation and Punishment of Speculative Acts ('Act on Speculative Acts') | Code |
Note: The above constitute generally applicable rules. Some industries have additional, industry-specific regulations concerning prize promotions (gaming, pharmaceuticals, media, etc).
Spain
| Name | Law or Code? |
|---|---|
| Spanish Gambling Act 13/2011 ('LJU') of 27 May 2011 and additional regional laws | Law |
| Spanish Consumers' Protection Act RDL1/2007 ('LPCU') and additional regional laws | Law |
| Spanish Publicity Act 34/1988 ('LGP') and additional sectorial and regional laws | Law |
| Spanish Fundamental Act 3/2018 on the protection of personal data and guarantee of digital rights ('NLOPD') | Law |
| Spanish Retail Trade Act 7/1996 ('LOCM') and additional regional laws | Law |
Sweden
| Name | Law or Code? |
|---|---|
| The Swedish Gambling Act (Sw. Spellag (2018:1138)) | Law |
| The Swedish Marketing Act (Sw. Marknadsföringslag (2008:486)) | Law |
| The Consolidated ICC Code of Advertising and Marketing Communication Practice (Sw. ICC:s regler för Reklam och Marknadskommunikation) | Code |
| The General Data Protection Regulation (EU) 2016/679 (Sw. Dataskyddsförordningen) | Law |
Thailand
| Name | Law or Code? |
|---|---|
| The Thailand Gambling Act B.E. 2478 (1935) 'TGA') | Law |
| Ministerial Regulation No. 17 issued under TGA ('TGA-MR') | Law |
| The official letters of Department of Provincial Administrative (DOPA) (altogether referred to as the 'Letters') | Law |
| The Consumer Protection Act B.E. 2522 (1979) ('CPA') | Law |
| Ministerial Regulation Nos. 3 and 5 issued under the CPA ('CPA-MR') | Law |
Turkey
| Name | Law or Code? |
|---|---|
| The Decree on National Lottery w. no 320 | Law |
| Regulation of the Turkish General Directorate of National Lottery on Lotteries and Draws with Non-Cash Prizes | Law |
| Consumer Protection Law | Law |
| Regulation on Commercial Advertisement and Unfair Commercial Practices | Law |
Ukraine
| Name | Law or Code? |
|---|---|
| Civil Code of Ukraine | Code |
| Tax Code of Ukraine | Code |
| On Advertising | Law |
| On Protection from Unfair Competition | Law |
| On Prohibition of Gambling in Ukraine | Law |
| On State Lotteries in Ukraine | Law |
| On Electronic Commerce | Law |
| On Personal Data Protection | Law |
United Arab Emirates - Dubai
| Name | Law or Code? |
|---|---|
| Commercial Permit Guidebook of the Dubai Department of Economic Development (the 'Dubai Commercial Permit Guidebook') | Guidebook |
| Federal Law (3) of 1987 (the 'Penal Code') | Code |
| Federal Law (5) of 1985 (the 'Civil Code') | Code |
| Federal Law (24) of 2006 (the 'Consumer Protection Law') | Code |
| Federal Law (19) of 2016 (the 'Anti-Commercial Fraud Law') | Code |
Note: There is broad scope for the exercise of discretion by the relevant authorities and the rules themselves may change at short notice. The information included in this handbook in relation to the UAE - Dubai reflects the content of the rules and regulations available to the public and our conversations with the relevant officials.
United Kingdom
| Name | Law or Code? |
|---|---|
| The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing ('CAP Code') (12th edition) | Code |
| The UK Code of Broadcast Advertising ('BCAP Code') | Code |
| Consumer Protection from Unfair Trading Regulations 2008 as amended by the Consumer Protection (Amendment) Regulations 2014.('CPRs') (or the Business Protection from Misleading Marketing Regulations 2008 for B2B promotions) | Law |
| The Business Protection from Misleading Marketing Regulations 2008 (SI 2008/1276) | Law |
| Gambling Act 2005 | Law |
| PhonepayPlus Code of Practice (relevant where a premium rate telephone number is used as the method of entry for example) | Code |
| Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended, "PECR") | Law |
| Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 | Law |
| EU General Data Protection Regulation ((EU) 2016/679) ("GDPR") and the Data Protection Act 2018 | Law |
Note: Prize promotions on broadcast media (TV and radio) are subject to significantly fewer rules (under the BCAP Code) than on non-broadcast media (under the CAP Code). This booklet reflects the more detailed requirements relating to non-broadcast media; a careful approach would be to seek compliance with these for broadcast ads as well.
United States
Overall Summary
Prize promotions are governed under both Federal and State law. States have varying laws on prize promotions. Special rules also apply to sweepstakes promotions used in connection with sales of time shares and similar real estate offerings.
Federal Law
At the federal level, the US Department of Justice is primarily responsible for enforcing criminal violations such as illegal lotteries. The US Postal Service is responsible for enforcing regulations regarding sweepstakes sent through the mail. The Federal Trade Commission can bring actions for unfair and deceptive trade practices relating to sweepstakes and contests. The Federal Communications Commissions can bring actions relating to sweepstakes and contest offerings over broadcast, cable or satellite television, or radio.
Racketeer Influenced and Corrupt Organizations Act ('RICO')
Section 5(a) of the Federal Trade Commission Act
Federal Deceptive Mail Prevention and Enforcement Act ('DMA')
CAN-SPAM Act of 2003
Telemarketing Sales Rule ('TSR')
Telephone Consumer Protection Act ('TCPA')
Children’s Online Privacy Protection Act ('COPPA')
18 U.S.C. §§1301-1306 - Federal law prohibits lotteries and other forms of gambling
47 C.F.R. § 73.1211 – Code of Federal Regulations prohibits television or radio stations from broadcasting advertisements or transmitting information on lotteries
Selected States
Arizona Stat. §§13-3301 to 13-3311
California – California Business & Professions Code §§ 17539.1- 17539.35; California Penal Code § 330, et seq.
Florida – Fla. Stat. § 849.094
Illinois – 815 Ill. Comp. Stat. 525/1, et. seq.
New York – N.Y. Gen. Bus. Law § 369-e
Rhode Island – R.I. Gen. Laws 11-50-1, et seq. and 42-61.1 et seq.
Texas – Texas Business and Commerce Code Chapters 621 and 622
Industry Regulation
The Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus was established by the National Advertising Review Council (NARC) to promote responsible children’s advertising. It has specific guidelines that govern sweepstake and contest promotions involving children.