Brazil's 2026 Betting Ad Rules: An Affiliate Program Guide

Rules checked as of October 15, 2026.

In July 2026, Brazil tightened the rules for advertising fixed-odds betting, and the changes reach deepest into affiliate programs. Two instruments did most of the work. Portaria SPA/MF nº 1.964 replaced the mandatory risk warnings on every ad from July 17. Portaria Interministerial MF/SECOM/MJSP nº 73, in force since July 10, brought the entire advertising chain under consumer-protection rules, named affiliates and influencers explicitly, and added checks that have to happen before an ad runs. At the end of August, the self-regulatory body CONAR followed with a stricter version of its betting annex and a monitoring program for influencer and affiliate posts.

The underlying liability did not move. Brazil has treated an affiliate's advertising as the operator's own since 2024, and the operator answers for it jointly. What changed is how much ground that liability now covers. If affiliates promote your licensed brand in Brazil, the useful question is whether your program can show that every partner, creative, link, and page meets the new standard. This guide covers what changed, where the liability sits, and the six parts of a program to audit.

What changed, and when

July 2024, enforced from January 2025. Portaria SPA/MF nº 1.231/2024 is still the base layer. It defines an affiliate as any person or company that advertises for a betting operator in exchange for compensation tied to results, such as the number of players acquired or the amounts deposited or spent, even when that compensation isn't financial. It makes the operator jointly liable for its affiliates' advertising (Article 21) and requires written contracts in Portuguese with every affiliate (Article 22). It also bars bonuses that depend on a deposit (Article 42), which rules out the deposit-match welcome offers that affiliate pages in other markets are built around.

July 2026. The Ministry of Finance announced the new package in July. Portaria SPA/MF nº 1.964, dated July 3, rewrote the warning rules in Article 13 of Portaria 1.231 with effect from July 17. Portaria Interministerial nº 73, signed by the Ministry of Finance, the Presidency's Social Communication Secretariat (SECOM), and the Ministry of Justice and Public Security, took effect on publication on July 10. It applies to anyone who creates, contracts, brokers, distributes, boosts, or promotes betting advertising: agencies, digital platforms, social networks, media outlets, affiliates, influencers, and sponsors.

August 27, 2026. CONAR approved an updated Annex X of the Brazilian Advertising Self-Regulation Code through Resolution 01/2026. It adds an accreditation and post-monitoring program for advertising by influencers and affiliates, plus a checklist for keeping betting ads away from minors.

September 2, 2026. The Senate's Science and Technology Committee approved a substitute text of PL 2.470/2026, a bill that would ban almost all betting advertising, affiliate and tipster content included. It is not law. There's more on it at the end of this guide.

Where the liability sits

For the operator, Article 21 is old news: it is jointly liable for what its affiliates publish, and Article 22 treats affiliate marketing as part of the operator's own marketing. When the Secretariat of Prizes and Betting (SPA) finds infringing content, Article 19 says it notifies the operator to have it removed. An affiliate's mistake arrives on your desk as your problem.

Affiliates carry their own exposure too. Article 21 makes them subject to the penalties of the betting law (Lei 14.790/2023) and the Consumer Defense Code. Under Portaria 73, the National Consumer Secretariat (Senacon) and the consumer-protection agencies can investigate independently of SPA, and a final sanction can lead SECOM to open proceedings to suspend or cancel the offender's entry in the national registry of advertising agents.

The definition of an affiliate is wider than most deal sheets assume. Anyone whose pay moves with the players they send counts, whether that's a review site on RevShare, a streamer paid per depositing player, or a Telegram tipster with a promo code. On a plain reading, creators paid a flat fee fall outside that definition, but Portaria 73 still covers them as part of the advertising chain. A safe working rule: if a partner promotes your brand in Brazil, treat them as covered.

Six parts of the program to audit

The order below follows the path an ad takes, from the contract that permits it to the page where it runs. For the general framework across other regulated markets, see our iGaming affiliate marketing compliance guide.

1. Contracts that SPA can read

Article 22 requires a written contract in Portuguese with every affiliate, and it names three things the contract must state expressly:

• whether the affiliate may subcontract, with the operator's liability unchanged if it can
• the affiliate's duty to follow legal, regulatory, and self-regulatory advertising rules
• the criteria for the affiliate's compensation

The operator must keep these contracts available to SPA. A rate agreed in an email thread or a chat message doesn't meet that standard, so the commission terms belong in the contract itself. Our guide to structuring an iGaming affiliate deal lists the commercial terms worth writing down.

The legal minimum leaves operational gaps that most programs should close in the same document. Our guide to affiliate program terms and conditions covers the general structure; for Brazil, add:

• explicit references to Portaria 1.231, Portaria 73, and CONAR's Annex X, so the compliance duty points at named rules
• prior approval of creatives and of any new channel or format
• a takedown deadline measured in hours after your notice, since SPA's notice comes to you first
• your right to audit placements, and to withhold or reverse commission on traffic from non-compliant content
• the affiliate's duty to keep its own verification records (see point 5)

The subcontracting clause deserves its own decision. If you run multi-tier or sub-affiliate structures, this clause decides whether those second-level partners can exist under your Brazilian contracts at all. If they can, you answer for them as well.

2. Creatives with the new warnings

Since July 17, every piece of betting advertising in Brazil needs two warnings. The first is the age restriction, either the "18+" symbol or the notice "proibido para menores de 18 anos." The second is one of three fixed phrases, used word for word in Portuguese:

• "Ministério da Fazenda adverte: Apostar pode causar dependência" (betting can cause addiction)
• "Ministério da Fazenda adverte: Apostar faz você perder dinheiro" (betting makes you lose money)
• "Ministério da Fazenda adverte: Aposta não é investimento" (betting is not an investment)

The warnings must be horizontal, clear, legible, and proportional to the rest of the ad, taking up at least 10% of its length or size. Where the format allows, they should be spoken as well as written, which matters for video, audio, and live streams. Article 15 adds two requirements for every ad: it must be identifiable as advertising, and it must show the number of the SPA ordinance that authorized the operator. Portaria 73 then requires the advertiser's identification and authorization number to be clearly available wherever the ad runs. In its analysis of the new rules, the Lefosse law firm notes that this may require changes to landing pages and apps as well as to the ads themselves.

Any creative made before July 17 carries the old warning text, so the first job is an inventory. Assets you host and serve are the easy part. With centrally managed media, including JavaScript banners that load their content without the affiliate touching anything, one update reaches every placement. Banners that affiliates downloaded, cropped, or rebuilt themselves are where outdated warnings tend to survive, and the only way to find them is to look.

3. Links that land only on listed brands and .bet.br domains

Licensed operators in Brazil must use ".bet.br" domains exclusively, and SPA publishes an official list of authorized operators with their CNPJ numbers, brands, and .bet.br domains (Article 20). Portaria 73 makes that list the reference point for affiliates. Promoting an unauthorized operator, showing its brand, or using links, promo codes, or any other mechanism that sends users to its channels can be treated as an infraction. So can promoting a name, brand, or web address that differs from the official list.

In practice, the risk sits in old and indirect links. Common gaps include a campaign link created before licensing that still resolves to an international domain, a tracking redirect whose final hop isn't the listed .bet.br address, a promo code reused from another market, and a brand nickname that doesn't match the registered name. Multi-brand operators need each brand promoted under its own listed name and domain.

The fix is easier when links run through your own system. With custom tracked links on your domain and destinations managed by brand, you repoint a destination once, centrally, instead of asking hundreds of partners to edit their pages.

4. Content formats that mix tips and promotions

Portaria 73 treats as irregular any strategy, prediction, technical opinion, or sports analysis that, because of its proximity to an ad, could influence bets on a specific event or market. Lefosse reads this as potentially affecting formats that combine expert commentary with calls to bet, performance analysis with promotional links, influencer content with affiliate codes, and native advertising styled as editorial. Agência Brasil's report on the rules also highlighted that commentators can no longer recommend bets during sports broadcasts.

That puts the classic tipster page under pressure: a match preview, a prediction, and a "bet now" button with a code, all on one screen. The rule doesn't define how close is too close, so expect enforcement to set the line. Until then, a conservative layout keeps analysis and commercial modules clearly apart, removes event-specific calls to action from predictions, and labels advertising as advertising.

The content bans that apply to all betting ads apply here too. Ads may not show winning bets, suggest easy money, present betting as income, investment, or an alternative to a job, encourage chasing losses, push for immediate action, misstate the odds of winning, or claim that skill influences the outcome. The word "grátis" (free) is allowed only when the player faces no onerous condition to get what's promised. Unsolicited emails and messages must be clearly identifiable as advertising and must honor removal requests.

5. Partner vetting before anything goes live

Under Portaria 73, members of the advertising chain must verify four things before contracting or running an ad: that the advertiser is an authorized operator, that it appears on the official list, that its name and brand match the official data, and that the web addresses used are on the list. They must also obtain and keep the advertiser's legal name, CNPJ, and authorization number.

Operators can make this easy and auditable. Send every Brazilian partner a verification pack at onboarding with your legal entity, CNPJ, authorization ordinance number, listed brands, and .bet.br domains, and log that they received it. Our guide to onboarding new affiliates covers the rest of the onboarding sequence.

Audience vetting matters as much as paperwork. Advertising aimed at children or adolescents is considered abusive, including ads that use their image, rely on elements that especially appeal to them, or run in spaces mostly used by minors. Social networks must stop serving betting ads to minors' accounts, and CONAR's new checklist confines elements that appeal to minors to operator-owned channels with age gating. That makes streamers and gaming creators with young audiences a real risk, however strong their numbers look. Before renewing influencer and affiliate deals, check how CONAR's accreditation program applies to those partners; the details are in Resolution 01/2026.

6. Monitoring and an evidence trail

When you answer for content you didn't write, your defense is your records. For each Brazilian affiliate, you should be able to retrieve the signed Portuguese contract, the approved creative versions with dates, the link destinations, and any takedown requests with response times.

Monitoring works best on a schedule weighted by risk. Review high-volume partners and high-risk formats (tipster sites, streams, Telegram and WhatsApp groups, social accounts) more often than static review pages. When something needs to change, reach every partner the same day through dashboard messages and email, and a regular affiliate newsletter makes that routine. Reporting by affiliate shows where volume concentrates, which is where monitoring time pays off most.

A 30-day audit for programs already live in Brazil

Many operators updated their own campaigns in July. The affiliate layer is where gaps tend to remain, and a month is enough to close them:

1. Week 1, inventory. List every active Brazilian affiliate, including sub-affiliates, every creative in circulation, every tracked link with its final destination, and every content format in use: review pages, tip pages, streams, groups, and social accounts.
2. Week 2, contracts. Re-paper partners in Portuguese with the three mandatory elements and the operational clauses above, and send the verification pack.
3. Week 3, creatives and links. Replace anything made before July 17, repoint destinations to listed .bet.br domains, and retire codes tied to old campaigns or other markets.
4. Week 4, formats and monitoring. Separate tips from promotions on partner templates, set a review cadence by risk, and start the evidence archive.

What's next: PL 2.470/2026 and SPA's agenda

The bill approved by the Senate's Science and Technology Committee on September 2 would, as a rule, ban direct or indirect commercial communication about fixed-odds betting. According to Agência Senado's summary as published by Propmark, the rapporteur's substitute text names influencer actions, affiliate content, product placement, branded content, and native advertising. It would also ban sponsorship of clubs, leagues, events, and broadcasts, and create a crime of promoting unauthorized operators, punishable by one to five years in prison, with a harsher penalty when the promoter is a well-known public figure.

The bill still has a long way to go. As of September 2026, it needed further steps in the Senate, a vote in the Chamber of Deputies, and presidential sanction before it could take effect, so check its current status before planning around it. Separately, SPA's 2026/2027 regulatory agenda listed the rules on affiliate and influencer advertising for review.

Our reading, and it is only a reading: Brazil is moving toward fewer permitted formats and more accountability for everyone in the chain. Programs that can change creatives, links, and partner rules from one place will adapt fastest to whatever comes next. Programs that depend on partners editing their own assets will face another round of chasing hundreds of pages.

How TAP can help you

TheAffiliatePlatform gives operators central control over what partners publish. Media management serves creatives from one place, and custom tracked links keep destinations under your control. Affiliate account management covers approval through registration links, roles and permissions, separate data and commission plans per brand, and pop-up messages in the affiliate dashboard. The Deal Builder keeps each partner's compensation terms in one place. The affiliate dashboard can be translated into any language, Portuguese included. For a broader look at the market, see our overview of affiliate marketing software in Brazil.

If you run a program in Brazil and want to see these controls working together, book a demo.

This article summarizes public rules as of October 15, 2026, to help operators plan. It is not legal advice. Confirm how each requirement applies to your brand with Brazilian counsel.