The agreement should follow a documented decision on the permitted activity and its location. It cannot turn prohibited promotional work into an authorised service.
Executive Summary
- Promotional acts performed from Türkiye can engage Turkish criminal law. For unauthorised sports betting, Law No 7258 separately prohibits encouraging participation through advertising or other means. Its promotion provision contains no express exception for a British audience. (Turkish Penal Code, art 8; Law No 7258, art 5(1)(ç).)
- Blocking Turkish players addresses one factual issue. It does not resolve the separate promotion offence. Foreign betting made accessible for play from Türkiye, money-transfer intermediation and promotion have different statutory elements. (Law No 7258, art 5(1)(b), (c), (ç).)
- An affiliate confined to advertising and referrals does not automatically require a British gambling operating licence. Accepting bets, administering gambling or operating player facilities changes that assessment. The operator remains responsible for contracted affiliate activity. (Gambling Act 2005, ss 5, 33, 327; LCCP, social responsibility code 1.1.2.)
- British campaigns need compliant content, age targeting, incentive terms and demonstrable marketing permissions. The operator must retain effective oversight throughout the affiliate chain. (LCCP, social responsibility codes 1.1.2, 5.1.1, 5.1.6, 5.1.9, 5.1.11 and 5.1.12; CAP Code, rules 16.3.12–16.3.14.)
- The supported course is to stop the proposed Türkiye-based promotional activity unless a product-specific assessment establishes a lawful basis. A genuinely different operation abroad requires its own assessment of personnel, control, nationality, payment and data flows. (Turkish Penal Code, arts 8 and 11; Law No 7258, art 5.)
The work location and the audience need separate decisions
Great Britain means England, Wales and Scotland for this proposed campaign. The parties should identify the operator's legal entity, licensed products and advertised domains. Northern Ireland, the Channel Islands and the Isle of Man should remain outside the agreed audience unless separately assessed. British remote gambling and advertising rules can apply to overseas businesses serving that market. (Gambling Act 2005, ss 36, 333 and 361(2).)
The affiliate should document who writes the promotions, approves changes, controls advertising accounts and presses publish. The same record should identify staff locations, subcontractors, landing pages, referral links and fee recipients. These facts determine whether promotional conduct occurs partly in Türkiye. Under article 8 of the Turkish Penal Code, Turkish law applies where an offence is committed wholly or partly there, or its result occurs there. A foreign server or contracting company does not relocate a person's acts. (Turkish Penal Code, art 8(1).)
The parties also need an exact product list. Sports betting, casino games and lotteries cannot inherit one legal classification. The analysis below distinguishes sports-betting promotion from casino facilitation. Additional products require their own statutory and licence assessment before appearing in an approved campaign.
Turkish promotion restrictions come before campaign approval
Law No 7258, article 5(1)(ç), criminalises encouraging people through advertising or other means to participate in the specified sports betting or games of chance without authority under that law. The offence carries one to three years' imprisonment and a judicial fine. A British operating licence supplies no authority under the Turkish provision. Referral banners, bonus-led posts and paid reviews inviting participation must be assessed as promotion, regardless of the affiliate label. (Law No 7258, art 5(1), introductory words and subpara (ç).)
The intended British audience is relevant, but it does not establish an export exception. Article 5(1)(b) expressly addresses enabling participation from Türkiye in sports betting organised abroad. Article 5(1)(ç) contains no equivalent express audience limitation. Read with territorial jurisdiction under article 8, that difference prevents the parties from treating British targeting as sufficient clearance for promotional acts performed in Türkiye. The recommendation is to withhold those acts, including publication through Turkish staff or sub-affiliates. (Law No 7258, art 5(1)(b), (ç); Turkish Penal Code, arts 2 and 8.)
Local accessibility creates additional exposure. The affiliate must disclose whether Turkish users can follow the referral route, open accounts, deposit or wager. Turkish-language acquisition, local payment assistance and instructions for bypassing access restrictions would undermine a claimed British-only campaign. Effective exclusion of Turkish players can change the article 5(1)(b) analysis. It cannot, on its own, answer the separate question about promotion carried out in Türkiye.
Casino promotions require a different criminal analysis. Article 228 concerns providing a place and opportunity for gambling; use of information systems is an aggravated form. A promotional link must be assessed through its actual function, including any account-opening or play-enabling assistance. The sports-betting penalties should not be applied automatically to every casino advertisement. (Turkish Penal Code, art 228(1), (3), (6).)
A separate regulation also prohibits advertisements directed at playing the online gambling games within its defined scope. It excludes pooled betting governed by Laws Nos 7258 and 6132. (Sanal Ortamda Oynatılan Talih Oyunları Hakkında Yönetmelik, arts 2, 4(1)(d) and 5(2); Resmî Gazete No 26108, 14 March 2006.)
Games within Decree-Law No 320 have a separate advertising and encouragement offence. Horse-race betting also has its own authorisation and offence provisions. The parties must classify each product and assess any overlap before treating it as outside Turkish restrictions. (Decree-Law No 320, art 52(1)(ç); Horse Races Law No 6132, arts 1–2 and 7.)
Advertising law adds a separate restriction. Article 27(3) of the Commercial Advertising and Unfair Commercial Practices Regulation prohibits advertisements for illegal betting, illegal games of chance and gambling. The express addition of illegal games of chance took effect on 1 August 2026. The regulation's consumer-advertising scope and the campaign's Turkish connection must be assessed independently; a British licence cannot establish Turkish advertising permission. (Regulation, arts 1–2 and 27(3); amending Regulation, Resmî Gazete No 33297, 1 July 2026, arts 11 and 15.)
An affiliate's own online content also attracts content-provider responsibility. Law No 5651 distinguishes a bare link from a presentation that adopts the linked material and intends users to reach it. A paid endorsement with a participation link therefore needs more than an assertion that the gambling sits on another website. Gambling and betting offences can also trigger the statutory content-removal or access-blocking procedure. (Law No 5651, arts 4(1)–(2), 8(1)(a)(7) and 8(1)(c).)
Referral fees must be separated from gambling transfers
The parties should trace each payment from payer to recipient and record its contractual purpose. Receiving a business fee is not automatically the distinct offence of intermediating money transfers connected with unauthorised sports betting. Collecting deposits, transmitting winnings or making accounts available for gambling transfers requires a different assessment. The proposed affiliate scope should exclude those functions. (Law No 7258, art 5(1)(c).)
A genuine invoice does not establish that the underlying promotional service is lawful. Fees generated by an offence can raise confiscation questions; laundering requires its own statutory elements. A bank's willingness to process a transfer is therefore insufficient evidence of permission. Crypto payment is also no shortcut: Turkish rules prohibit direct and indirect use of cryptoassets in payments. (Turkish Penal Code, arts 55 and 282; Regulation on the Disuse of Crypto Assets in Payments, art 3(2).)
British responsibility remains with the licensed operator
For British purposes, the affiliate's functions determine whether it only advertises or also provides gambling facilities. Section 5 includes operating or administering gambling arrangements. An ordinary referral commission does not itself establish that function. The agreement and system permissions should keep player contracting, bet acceptance, account restrictions and settlement with the appropriately licensed operator. A move into those activities requires a fresh permission assessment. (Gambling Act 2005, ss 5, 33 and 327.)
Before approving any advertisement, the operator and affiliate should verify the relevant licensed entity, activity, domain and current status. Advertising unlawful gambling is a separate offence, and online advertising intended for British recipients can fall within British territorial rules. A licence number copied into an affiliate footer is insufficient diligence. (Gambling Act 2005, ss 330 and 333.)
The separate British operator licensing analysis addresses taking responsibility for the gambling business. This arrangement concerns the narrower supply of marketing and the licensee's continuing control over it.
LCCP social responsibility code 1.1.2 makes the operator responsible for relevant third-party actions. Its contract must require the affiliate to comply, for work on the operator's behalf, as though bound by the applicable licence conditions and codes. It must also require information cooperation and permit prompt termination on the specified grounds, subject to the contract's dispute-resolution provisions. An indemnity can allocate losses between the parties, but cannot transfer the operator's regulatory responsibility. (LCCP, social responsibility code 1.1.2(1)–(2).)
The Gambling Commission expects due diligence on competence and reliability, followed by sufficient oversight. The operator should know every approved publisher, channel and sub-affiliate and retain access to campaign evidence. A network agreement that leaves the publishing chain undisclosed cannot support that oversight. Prior approval of sub-affiliates and contractual flow-down are recommended mechanisms for meeting the obligation. (Gambling Commission, Licensees responsibilities for third parties, “Responsibilities for third parties”; LCCP, social responsibility code 1.1.2.)
Content approval must cover the whole advertisement
For a legally supported operating arrangement, the operator should approve the complete asset, offer, audience settings and destination before publication. The approval record should cover affiliate reviews, comparisons, search ads, videos and influencer posts. Material changes should return for review. This approval workflow is a proposed contractual control; the underlying obligation is compliance with the applicable advertising codes. (LCCP, social responsibility code 5.1.6.)
Non-broadcast casino and general betting promotions must not have strong appeal to under-18s or target them through media selection or context. An 18+ notice does not cure unsuitable creative content or targeting. These promotions must not include anyone under 18. Someone who is, or appears to be, under 25 generally cannot gamble or play a significant role in the advertisement. The narrow exception permits an 18–24-year-old who is the subject of a specific bet to illustrate that selection where betting is directly available. The depiction must show the person in the context of that bet and outside a gambling context. A normal affiliate referral page does not meet the transactional condition. The operator must separately perform the age verification required for its remote service. (CAP Code, rules 16.3.12–16.3.14; LCCP, social responsibility code 3.2.11.)
Commercial content must be recognisable as advertising. Paid comparison pages and influencer endorsements should disclose their commercial character where it would otherwise be unclear. Claims must not present gambling as a solution to financial problems or exploit vulnerability. Broadcast campaigns need the applicable BCAP assessment, while lotteries have separate CAP rules. (CAP Code, rules 2.1–2.4, 16.3.1–16.3.4 and section 17; LCCP, social responsibility codes 5.1.6–5.1.7.)
The operator should supply the authorised incentive mechanics and current terms. Since 19 January 2026, the relevant LCCP rules cap wagering requirements on bonus funds at ten times. They also prohibit mixing betting, casino, bingo or lottery products within one incentive. Significant conditions must be prominent. One-click access to those conditions is allowed only where space makes full inclusion impossible. Even then, the advertisement must include significant conditions to the extent possible and clearly state that conditions apply. Complete terms must remain available throughout the promotion. The affiliate should remove expired or superseded offers. (LCCP, social responsibility codes 5.1.1(3) and 5.1.9(2)–(3).)
Consent and data controls need evidence
For unsolicited consumer email or text marketing, the sender and the person instigating the campaign need a lawful basis under the Privacy and Electronic Communications Regulations 2003 (PECR). The commercial soft opt-in has cumulative conditions concerning collection, the sender's own similar services and opt-out opportunities. A purchased list cannot inherit that exception. The operator must also satisfy the LCCP's consent, withdrawal and evidence requirements. Generic assurances about a list's compliance should not replace the original permission records identifying the relevant marketer and channel. (PECR, regs 22–23; LCCP, social responsibility code 5.1.11.)
Eligible remote operators must give their customers product-specific and channel-specific marketing choices, with default opt-out. Those customer controls are distinct from establishing permission to contact a new affiliate prospect. The agreement should allocate consent evidence, preference updates and pre-send suppression. Operators must take all reasonable steps, as soon as practicable, to prevent marketing to self-excluded customers. Marketing must stop where the operator identifies strong indicators of harm under its processes. The affiliate's procedures should support both duties. (LCCP, social responsibility codes 5.1.12, 3.5.3(2)–(4) and 3.4.3(10).)
Advertising cookies, pixels and similar tracking need their own assessment. Current PECR regulation 6 operates through Schedule A1. Its limited exceptions do not provide a general exemption for advertising tracking or attribution. The operator and affiliate should document what each technology stores or accesses and obtain consent where required before activation. (PECR, reg 6 and Sch A1, paras 2–7; ICO, How do the rules apply to online advertising.)
Data terms must reflect actual roles. An affiliate deciding its own marketing purposes may be a controller; processing solely on the operator's instructions calls for processor terms. Joint decisions can require a joint-controller arrangement. Access by a separate Turkish organisation to British customer data can also be a restricted international transfer, even with British hosting. Türkiye is absent from the UK adequacy list. Where the access constitutes a restricted transfer, establish appropriate safeguards and the required transfer assessment unless a specific alternative statutory basis applies. Turkish outbound transfers require a separate assessment under Law No 6698. (UK GDPR, arts 26, 28, 44A, 46(1A), (6) and 49; ICO, Is the restricted transfer covered by adequacy regulations; Law No 6698, art 9.)
The contract must support monitoring and withdrawal
The following provisions belong only in an agreement covering a legally supported service:
- Define the permitted products, brands, territories, personnel locations and channels. Exclude player funds and gambling administration unless separately authorised.
- Require written approval for new publishers, sub-affiliates and material campaign changes. Give the operator access to the relevant content, targeting and permission records.
- Allocate monitoring of live placements, referral destinations, complaints and consent failures. Set the frequency according to the campaign's risks and channels.
- Provide immediate campaign-suspension authority, prompt takedown duties and evidence that downstream copies have been removed. Prevent unauthorised republication.
- Preserve the required prompt-termination right and address dispute resolution, cessation of brand use, live links and lawful data return or deletion.
- Define commission eligibility, invalid traffic, fee disputes and indemnities without rewarding prohibited traffic or obstructing compliance action.
These are proposed drafting positions, except where the cited rules require a particular result or contract right. The operator must retain the mandatory compliance, information and termination terms. It must take the required reasonable steps against affiliate advertising on unauthorised copyrighted-content sites and include the associated prompt-termination right. The contract should distinguish an urgent power to pause a campaign from the procedure for resolving a fee dispute. (LCCP, social responsibility code 1.1.2; licence condition 16.1.1; UK GDPR, art 28(3)–(4), where applicable.)
The supported course of action
The affiliate should withhold promotional publication from Türkiye while the exact products, personnel activities and payment flows are assessed. If the conduct falls within the Turkish prohibitions, that conduct must stop. The operator should disable the corresponding campaign approvals and referral channels rather than accept a warranty that British targeting makes them lawful. Geographical filters remain relevant evidence, but cannot replace the Turkish promotion analysis. (Law No 7258, art 5; Turkish Penal Code, arts 8 and 228.)
A materially different arrangement could place the actual marketing operation in Great Britain, with the people, publication controls and services genuinely performed there. That proposal needs its own review of Turkish nationality and remaining Turkish connections, British duties and the payment chain. Article 11 can reach certain offences committed abroad by Turkish citizens when its conditions are met. The review must also address article 19's foreign-law sentencing rule and exceptions. Incorporation or a nominal overseas publisher alone is insufficient. (Turkish Penal Code, arts 8, 11 and 19.)
The operator's compliance lead should authorise campaign release only after the supported activity is recorded, licence checks are complete and the contractual controls work. The affiliate should demonstrate approved content, targeting, consent and takedown capability for the actual channels. Data access must wait for its separate legal and technical conditions. If Turkish-origin promotion remains prohibited, no British marketing approval can release that work.
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