Promoting Gambling as an Influencer - When Promo Codes Become a Criminal Offense

A Promo Code Instead of a Penalty? Why Gambling Promotion Is Dangerous for Creators

A quick story post, a link in the bio, a promo code for a betting provider or an online casino: for many influencers and streamers, this is quick money and seemingly harmless affiliate marketing. What few realize: anyone who promotes gambling that is not licensed in Germany can be committing a criminal offense, and not only the provider, but also the creator doing the advertising.

This article explains when gambling promotion crosses the line into criminal liability, what matters regarding the provider's missing license, what role residence plays and what to do if proceedings already threaten. It is aimed at creators who want to know where the red line runs.

What This Is About Legally

In Germany, gambling is strictly regulated. The decisive sources are the Interstate Treaty on Gambling (Glücksspielstaatsvertrag, GlüStV) and criminal law. Section 284 of the German Criminal Code (StGB) criminalizes organizing gambling without official permission and expressly also covers advertising for such unlicensed gambling.

The decisive point is the license. Since the reform of gambling law, there is a licensing system for sports betting and certain online offerings. Providers that do not hold a German license may not target customers in Germany, and their offerings may not be advertised here. Specifically, Section 284 (4) StGB provides for imprisonment of up to one year or a fine for advertising unlicensed public gambling. This is precisely where the risk for creators arises.

Why the Advertising Creator Is Also Affected

Many assume that only the gambling provider has a legal problem. This is a fallacy. Anyone who actively advertises an offering not licensed in Germany with their own promo code or affiliate link makes their own advertising contribution. This can bring the creator themselves into the focus of investigations.

Unlike with classic undisclosed advertising, this is not only about competition or media law questions, but potentially about criminal law. The creator's own code, through which commissions are settled, is often the clearest proof that active, monetized advertising took place.

"Many creators believe a promo code is just a marketing tool. In criminal law, that very code can become the strongest evidence against them. Anyone advertising here should know beforehand whether the provider is even licensed in Germany."

• →Tom Beisel, Attorney

The Provider's License Is the Crux

Whether advertising is criminal depends largely on whether the advertised provider holds a German license. Advertising a licensed offering approved in Germany is generally permissible within the legal limits. Advertising a provider without a German license, one that has withdrawn from the German market or was never licensed here, is by contrast highly risky.

The problem in practice: many creators never check the license status. They take on an affiliate deal without knowing whether the provider is even allowed to advertise in Germany. This very lack of verification can become expensive.

Your Community Bears a Risk Too

What many creators do not consider: it is not only the advertising that is punishable. Anyone who participates in unlicensed public gambling, that is, plays themselves, can be committing a criminal offense under Section 285 StGB, punishable by up to six months' imprisonment or a fine. So anyone who steers their followers via a promo code to a provider not licensed in Germany exposes not only themselves to a risk, but also the people who trust them.

This responsibility towards one's own community is often overlooked. But it is a good reason to check carefully before every gambling cooperation whether the provider is even licensed in Germany.

Residence Counts, Not the Filming Location

A widespread misconception is that staying abroad, for example in Dubai, protects against German law. This is dangerously oversimplified. Anyone who has their residence or habitual abode in Germany, or who specifically targets a German audience, can be subject to German law even if the content is produced abroad. The German-language orientation towards German followers is often the decisive criterion here.

What to Do if Proceedings Already Threaten

If you receive a summons, an inquiry from an authority or mail from the public prosecutor, the same applies as in any criminal proceedings: no hasty statements on the matter, no attempts to explain by email or phone, and legal advice first. Precisely because promo codes, affiliate settlements and posts are documented, a well-considered defense strategy is important rather than spontaneous justification.

It is often possible to start with the question of whether advertising for an unlicensed offering was actually intentional, whether the creator knew the license status and whether there is even a sufficient domestic connection. These points must be examined in each individual case.

Frequently Asked Questions

Am I committing a crime if I advertise a betting provider?

That depends on whether the provider holds a German license. Advertising a gambling offering not licensed in Germany can be a criminal offense under Section 284 (4) StGB, including for the advertising creator.

Does a residence or filming location abroad protect me?

Not necessarily. If your advertising targets a German audience or you have your residence in Germany, German law may apply.

Is it enough to delete the promo code again?

Deleting can be sensible but does not retroactively undo an act already committed. Have the situation examined by a lawyer before acting rashly.

What should I do if I receive a summons?

Make no statement on the matter and seek legal advice first. Do not try to clear up the matter yourself with the police.

Are you a creator and unsure whether your cooperations are legally problematic, or do proceedings already threaten? Seek legal advice early, before an advertising deal turns into criminal proceedings. I advise and defend you discreetly and nationwide. Get in touch directly.