Online Gambling in the UE: from Data Protection to Gambler Protection

The thesis tends to answer how does the processing of online gamblers’ personal data, which is used for identification and commercial communication purposes, affect the protection of online gamblers in the EU? After the introduction into the context of online gambling in Europe and risks that jeopardize the protection of online gamblers and the concept of responsible gambling, the first part of the thesis sheds light on the relationship between the processing of online gamblers’ data and the provocation of problem gambling. The attention is given to the gambling-related commercial communication and its role in provoking problem gambling on one side. On other, data processing to identify gamblers is taken as a contributing factor to the recognition of problem gamblers and prevention of negative consequences deriving from gambling. In the second part of the thesis, the relations, tensions, and conflicts between the protection of online gamblers and the protection of personal data, as processed by online gambling service providers are analyzed. The work of Jaap-Henk Hoepman on privacy design strategies was used as an inspirational source for the designing of strategies for processing online gamblers’ personal data. The strategies for the processing of online gamblers’ personal data and accompanying tactics based on Hoepman’s proposals for data minimization and data separation strategies and their antipodes – data maximization and data linking strategies outline scenarios that may prevent/provoke problem gambling. The thesis analyzes the business practice regarding the types of online gambler data that is processed for gambling-related activities, including data processed for the protection of online gamblers. Finally, the legal analysis answers whether and to what extent the implementation of privacy-invasive strategies (data maximization and data linking strategies) could be lawful.