Data Protection, Gaming Affiliates, & Direct Marketing – Processor Or Controller?

The role of affiliates in relation to gaming operators' platforms is to drive individuals to an operator's site/app with the aim of such individual signing up to become players. The legal position of whether an affiliate is deemed to be a controller or processor in light of data protection law, has been subject to some debate for a while.

In a judgement delivered on the 12th of June 2020, the Court of Appeal, in the case LeoVegas Gaming p.l.c v. Il-Kummissarju ghall-Informazzjoni u l-Protezzjoni tad-Data (Information and Data Protection Commissioner) decided upon several matters pertaining to gaming affiliates when conducting direct marketing on behalf of an operator, and delved into the operator-affiliate relationship, assessing when either is deemed a controller or processor.