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With the implementation of the European Accessibility Act in most of the EU countries (including Italy with the Legislative Decree No. 82 of 5 August 2022), a new phase has begun for the accessibility of digital services, including online gambling services, offered in the European market. This is a topic often underestimated but one that is beginning to produce effects even in highly digitized sectors such as remote gambling.
Applicability of the Accessibility Act to Online Gambling
Although the Accessibility Act does not explicitly mention online gambling services among those subject to accessibility obligations, it appears that such platforms may fall within the scope of e-commerce services, pursuant to Article 2(1)(hh) of the same decree. The conclusion of consumer contracts at a distance through digital interfaces, initiated by the user, constitutes the qualifying element—also supported by relevant case law.
In this context, the upcoming transition to the new Italian online gambling licensing regime is also significant, as it will require the deployment of a technically and contractually updated platform. Where substantial changes are introduced, the resulting service may be qualified as a “new service”, thus triggering the immediate applicability of accessibility provisions from the go-live date—without benefiting from the transitional regime until 2030.
Extension to Integrated Electronic Communication Services
Additional relevant aspects concern electronic communication services potentially integrated into gambling platforms—such as live chat, messaging systems, customer support, or call-back tools. The definition under the Accessibility Act is broad, but actual qualification depends on technical and operational factors, such as proprietary development, the operator’s level of control, and the mode of user interaction.
In the absence of binding interpretative guidance, it is advisable to assess each case individually, particularly for services developed in-house or linked to regulated activities (e.g., responsible gambling, account management).
Core Obligations for Digital Service Providers
The Accessibility Act, including its Italian implementation decree, imposes on digital service providers (which are likely to include online gambling operators) the obligation to ensure compliance with accessibility requirements, following technical criteria which—pending harmonized European standards—primarily refer to WCAG 2.1 AA. Key obligations include accessible design, publication of compliance information, and implementation of corrective measures where necessary.
Moreover, it will also be necessary to prepare and make publicly available an accessibility statement, in both written and oral form, including within the provider’s Terms & Conditions. The statement must be drafted in accordance with the template set out in the annex of the implementing decree, and must be accessible to persons with disabilities. The statement and the related documentation must be retained for the entire period during which the service is in operation.
The practical implementation of the Accessibility Act obligations requires a case-by-case technical and contractual assessment, especially in sectors such as online gambling, where platforms often involve complex architectures and third-party components.
The EU Context: Harmonized but Uneven
The Italian decree implementing the EU Accessibility Act is part of a harmonized EU framework, which establishes accessibility requirements for all products and services placed on the EU market, regardless of the provider’s geographic location. As a result, even non-EU gambling operators offering services accessible to European users may fall under the same legal obligations provided by the EU Accessibility Act—although practical enforcement may vary across Member States.
Italy, notably, is among the most advanced EU Member States in implementing the EU Accessibility Act, both in terms of formal transposition and AgID’s active role in developing future technical guidelines.
Final Remarks
In a sector undergoing rapid legal and technological change like the online gambling sector, compliance with the Accessibility Act requirements calls for a proactive approach—not limited to formal aspects, but grounded in a comprehensive review of the service model, technical stack, and legal framework.
Our team regularly assists online gambling operators in evaluating their compliance with Italian and European accessibility regulations. If you want to have an overview of the gambling laws in different jurisdictions, you can read DLA Piper’s Gambling Laws of the World Guide. Also, on accessibility obligations, you can read the article “Italian laws on the accessibility of websites change with the AgID circular“.