Do national regulators enforce rules against entities operating abroad?
Ireland does not have a government appointed regulator for prize promotions. The restrictions and offences under the Gaming and Lotteries Acts apply to lotteries (and therefore some prize draws) operated in Ireland, which would include a prize draw being promoted in Ireland, and offers of participation in a prize draw being made to Irish-based entrants. Lotteries which are promoted and conducted wholly outside of Ireland are excluded /exempt from the statutory prohibition on lotteries.
The ASAI Code does not apply in relation to prize promotions which are published in foreign media (eg in a US newspaper).
If the promotion targets Irish consumers, but is promoted from a non-Irish website or in direct marketing from outside Ireland, then:
- If the promoter is based in a country which operates a cross-border complaint system that the ASAI considers suitable, the ASAI will leave it to the relevant authority in that other country. The ASAI is a member of the European Advertising Standards Alliance and considers most EU countries to operate suitable systems.
- If the promoter is not based in such a country, the ASAI will do what it can to take action, but in reality such action is likely to be limited and the ASAI is unlikely to prioritize such cases.