What is the law in the UK when it comes to secondary ticketing? In what ways does the continent differ?
UK Law on Secondary Ticketing
In the UK, the laws surrounding secondary ticketing are designed to protect consumers and ensure transparency in the resale of event tickets. The main legal framework includes:
- Consumer Rights Act 2015:
- This Act requires that secondary ticket sellers provide clear information about the ticket they are selling, including the face value of the ticket, the seating area (if applicable), and any restrictions on the ticket’s use (e.g., age restrictions).
- Sellers must also disclose if they are connected to the event organiser, venue, or primary seller, which helps in avoiding conflicts of interest.
- Digital Economy Act 2017:
- This Act introduced further regulations to curb the misuse of bots in acquiring large volumes of tickets for resale at inflated prices. The use of automated software to purchase tickets in bulk is illegal.
- Advertising Standards Authority (ASA):
- The ASA ensures that advertisements for secondary ticket sales are not misleading and provide clear and accurate information.
- Competition and Markets Authority (CMA):
- The CMA has taken enforcement actions against secondary ticketing platforms that do not comply with UK law. For example, they have pressured platforms like Viagogo and StubHub to make significant changes to how they operate, ensuring greater transparency for consumers.
Key Differences on the Continent
Secondary ticketing laws and practices vary significantly across European countries. Some key differences include:
- Germany:
- Germany has stricter regulations than the UK regarding the resale of tickets. The resale of tickets above their face value is generally prohibited unless the event organiser expressly allows it.
- Many event organisers include clauses in their terms and conditions that prohibit or limit the resale of tickets, sometimes even cancelling tickets that are found to have been resold without authorisation.
- France:
- French law is stringent regarding secondary ticketing. Since 2012, it has been illegal to resell tickets without the permission of the event organiser. Fines for breaking this law can be substantial.
- The Loi n° 2012-348 of March 12, 2012, stipulates that only authorised sellers can sell event tickets, and resale above face value is forbidden.
- Italy:
- Italy has also adopted strict measures against secondary ticketing. In 2016, the government introduced a law that heavily penalises the use of bots to acquire tickets for resale. The resale of tickets at inflated prices is illegal without authorisation.
- The fines for violations can be significant, and event organisers often cancel tickets that are found to have been resold at inflated prices.
- Spain:
- In Spain, secondary ticketing is legal but heavily regulated. Regions may have specific regulations, and unauthorised resale can lead to fines.
- Some autonomous communities have their own rules, and practices may vary, but generally, the law aims to ensure transparency and fairness in ticket sales.
Summary of Differences
The primary difference between the UK and many European countries is the level of strictness and enforcement. While the UK focuses on transparency and fair practices, several countries on the continent, like Germany, France, and Italy, have more restrictive laws that outright prohibit or significantly limit the resale of tickets, especially above face value, unless specific conditions are met.
These differences reflect varying national attitudes towards consumer protection and the role of secondary markets in event ticketing.
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