ROMANIAN REGULATION
Romania’s regulatory crossroads ANA-MARIA BACIU AND ANDREI COSMA PROVIDE UPDATES ON SWEEPSTAKES VS RAFFLES AND NEW COMPLIANCE FRONTIERS FOR THE INDUSTRY
Sweepstakes aka advertising lotteries Romanian law distinguishes between games of chance – which are regulated under a specific regime where the primary legislation is represented by Government Emergency Ordinance no. 77/2009 (“GEO 77/2009”) – and promotional campaigns which may involve prize draws. Sweepstakes- like promotions are generally understood to fall outside the scope of the gambling framework, provided, however, that they comply with a separate set of rules laid down in a different piece of legislation, namely Government Ordinance no. 99/2000 (“GO 99/2000”) on the commercialization of products and services on the market. GEO 77/2009 stipulates that any activity which fulfils the defining criteria of a game of chance – monetary participation fee, prize and randomness – must be licensed and authorized by the local gambling regulator, namely the National Gambling Office (ONJN). On the other hand, GO 99/2000 defines an advertising lottery as a promotional practice aimed
Introduction The Romanian regulatory framework applicable to gambling goes beyond traditional verticals such as sports betting or casino games. Certain promotional mechanisms – such as sweepstakes (or advertising lotteries) and raffles – are also subject to specific legal requirements, yet their practical application has long been unclear or underutilized. In parallel, legislative amendments adopted in 2024 and emerging legislation in 2025 have introduced (or will further impose) significant compliance requirements for both B2C operators and their B2B suppliers. This piece aims to provide an overview of two sensitive regulatory areas: (i) the legal treatment of promotional prize mechanisms, including advertising lotteries and raffles, and (ii) the implications of newly- introduced restrictions for B2B license holders operating in the Romanian market, together with the Romanian regulator’s new legislative initiative on self-exclusion that will impact the entire B2C sector.
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IMGL MAGAZINE | JUNE 2025
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