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Spanish online gambling regulations

The gambling sector is fully committed to the detection of participation in gambling activities by minors and vulnerable groups. The aim of the responsible gambling requirements is to prevent and correct the negative effects of gambling through the application of different measures. Most of the responsible gaming requirements are compulsory for online operators.

The requirements for land-based operators vary by region and premises, and some land-based operators apply additional responsible gambling measures in their businesses, at their own initiative. Key requirements include the prohibition of loans to players, the need to provide clear and accurate information to participants, accessible customer service for player complaints, and the facilitation of a customer support hotline by online operators at the federal level.

Operators are also obliged to inform players about the General Register of Gambling Access Bans RGIAJ and offer self-exclusion options. Responsible gambling tests are also mandatory to detect potential gambling issues.

As explained in 6. The regulation includes the introduction of two new subcategories within the existing grouping of vulnerable participants. The first of these subgroups includes young participants below the age of As it pertains to young participants, net weekly losses for intensive players are those that equal or surpass EUR for three successive weeks.

Other distinctive constraints introduced by the DGOJ for these vulnerable groups include a credit card usage ban for intensive players and those exhibiting risky behaviour; barring access to VIP schemes for younger and risky players and limiting the extent of commercial communication for this latter group.

This concern is expressed in the implementation of measures such as the amplification of mandatory messages that operators must send to users under various circumstances.

For instance, their classification as part of a vulnerable group, information on their gambling patterns, and in-session games allow users to maintain a thorough understanding of their gambling habits, time spent playing, and money expended.

This is a deviation from the previous regime, which applied these limits solely to slot games. As detailed throughout 7. Responsible Gambling RG , Also Known as Safer Gambling SG , the Spanish authorities have created different tools for operators and citizens in order to promote responsible gambling.

Through an inscription in the RGIAJ, an individual is fully prohibited from accessing gambling activity applicable to online and land-based gambling. The register is formed of the data of citizens that voluntarily do not wish to exercise their rights to gamble and of those that are declared incapacitated by a legal ruling.

The DGOJ offers online operators a tool to proceed with the ID verification of their customers resident in Spain. Operators can also check whether the customer is registered with the RGIAJ with this tool, and whether the data provided by the customer corresponds to a minor or to individuals included in the Civil Registry as deceased.

The DGOJ has launched a service addressed to all citizens in order for the operator to detect and communicate an attempt of activation of a user registration when the identity data provided matches the data of an individual who is registered with this service. No specific AML guidance relevant to the gambling sector is available in Spain, nor has anything been published in this regard by the DGOJ or the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences SEPBLAC.

The Spanish AML regulation establishes the instructions, proceedings and duties that online and land-based gambling operators need to apply for the prevention of money laundering. Contrary to what happens, for instance, in the UK, in Spain there is no specific regulatory or supervisory agency for advertising.

In spite of that, in the case of online gambling at the federal level, the DGOJ supervises compliance with the applicable advertising rules by the gambling operators and sanctions them if they breach those regulations.

For audiovisual communication service providers rendering services to gambling operators, the authority to launch proceedings and sanction lies not only with the DGOJ but also with the National Commission of Markets and Competence CNMC.

Gambling operators must be duly licensed by the regulator to advertise their products. According to Article 7. The same is true at regional level. Any advertising third-party provider must confirm that its client gambling operator is duly licensed according to Article 7.

Infringements in the Gambling Law fall into two categories:. Both infractions are qualified as serious infractions and are therefore subject to fines of between EUR, and EUR1 million and to the suspension of activity in Spain for a maximum period of six months. Each autonomous region individually approves sanctions for regional land-based and online gambling.

The current legislation applicable to the advertising of gambling operators — and their products — is as follows:. The most important restriction is that gambling products can only be advertised by licensed operators.

The present restrictions on gambling advertising aim to shield consumers. The main principles include legality, honesty, identification, veracity, societal responsibility, responsible gaming, underage protection, especially enforcing restrictions during watershed hours. Its regulation and requirements entered into force mostly throughout The most relevant restrictions implemented by this Decree applicable to the online gambling sector include:.

Please note that social gaming products can generally be advertised without the restrictions applicable to gambling products. In terms of advertising for online gambling regulated at the federal level, Articles 40 d and e of the Gambling Act state the relevant applicable infractions, which are subject to the same sanctions:.

Following its entry into force, the Royal Decree on commercial communications for gambling activities was challenged before the Spanish Supreme Court by key stakeholders such as the Spanish Association on Online Gambling Jdigital , the Information Media Association and the Football League.

This article, which governs the boundaries of gambling advertising, was compared to Article The Constitutional Court is set to scrutinise the legality of Article 7. Despite the ongoing dispute, the decree remains binding. Acquisitions and changes of control are not subject to the prior approval of the regulator.

However, it should always be taken into account that if, as a result of said acquisition, any of the conditions of the operator company that were disclosed to the regulator at the time of applying for the relevant licences were affected or changed for instance, the solvency of the group, the intercompany agreements for the provision of services or the directors of the operator company , then the operator company will not only have to notify the regulator of the change of control within one month from its completion but also file the documents evidencing any of those material changes that have taken place as a result of the acquisition.

Despite the fact that a change of control does not require the prior approval of the regulator, it is always advisable to contact the regulator before completing the change of control to ascertain any possible concerns it might have regarding the transaction. Regulatory bodies are legally allowed not only to impose economic sanctions but also to revoke or suspend licences.

Regulators could even suspend gambling licences or seize any assets or documents related to, and needed for, the licensed activity as a precautionary measure.

Economic sanctions may be enforced through the exercise of the relevant guarantees submitted by the operators before the regulator to cover their liabilities and potential consequences that arise as a result of a breach of their obligations as operators.

If these guarantees are not enough to cover a certain liability, the sanctions imposed by the regulator could be enforced through common civil remedies the seizure of assets, goods, shares, deposits, etc. As mentioned in On 16 November , left-wing parties were elected again in Spain.

With this, a series of changes have taken place in the government, including changes in the Ministry of Consumer Affairs, which is directly responsible for the DGOJ.

First of all, it should be noted that Mr Alberto Garzón, until now Minister for Consumer Affairs, has been replaced by Mr Pablo Bustinduy. The new Minister is known for having participated in the creation of the political party Podemos which espoused an extreme left-wing ideology and is now a sympathiser of the political party Sumar also a party of the far left.

Another notable change is the disappearance of the Ministry of Consumer Affairs itself and its integration within the Ministry of Social Rights and Agenda Therefore, the DGOJ is now under the umbrella of the new Ministry of Social Rights, Consumer Affairs and Agenda For this new legislature, the programme of the Ministry foresees the approval of several laws, including the law on general contracting conditions and the law regulating customer services, which failed to be approved by the last legislature.

On this basis, no major changes are expected in the future of the Ministry and in terms of the gambling industry, as both the former and current Ministers have a similar political approach. Barring any surprises, the current regulator at the DGOJ, Mr Mikel Arana, will be replaced in the next few months.

The tax rate applicable to the land-based sector is approved by each regional regulation and therefore varies depending on the region. As an example, in the region of Madrid, the applicable taxes are as follows:. In addition, there are fixed rates that apply to operating betting terminals or automatic appliances that are suitable for the development of games.

On 16 November , left-wing parties were elected again. Following this, a series of changes have taken place in the Spanish government, including changes in the Ministry of Consumer Affairs, which is directly responsible for the DGOJ.

First of all, it should be noted that Alberto Garzón, until now Minister for Consumer Affairs, has been replaced by Pablo Bustinduy. The new Minister is known for having participated in the creation of the staunchly left-wing political party Podemos and is now a sympathiser of the political party Sumar also of the extreme left.

Another notable change consists of the disappearance of the Ministry of Consumer Affairs itself and its integration within the Ministry of Social Rights and Agenda For this new legislature, the programme of the Ministry foresees the approval of several laws, including the law on general contracting conditions and the law regulating customer services, which failed to be approved in the last legislature.

Barring any surprises, the current regulator at the DGOJ, Mikel Arana, will be replaced in the next few months. Avenida Jaime III, 1 Primera Planta Palma de Mallorca Islas Baleares Spain. Chambers and Partners website Toggle navigation.

Last Updated November 28, Expand All. Regulatory Trends The regulatory regime for gambling in Spain is aimed at reinforcing: the protection of players; public order; and the prevention of addictive behaviour, fraud and money laundering.

Gambling Sector Growth The online gambling industry, according to the latest quarterly report Q2 issued by the Spanish gambling regulator, saw a robust 2. General Regulation Gambling regulation in Spain is divided between online gambling that is offered at a federal level, and land-based or online gambling that is offered within one region.

The following games have been regulated so far, and are therefore permitted to be offered at a federal level: pools on sports betting; fixed-odds sports betting; pools on horse racing; fixed-odds horse racing; other fixed-odds betting; exchange sports betting; exchange horse racing; other exchange betting games; contests; poker; bingo; roulette; complementary games; blackjack; baccarat; and slots.

There are some minor differences between the regions, but the following gaming products are generally approved and permitted: roulette; blackjack; boule; trente et quarante; craps; baccarat; poker; slots and other machine gaming; bingo; raffles; tombola or charity raffles; betting; sports betting; horse racing; and Wheel of Fortune.

Sector-Specific Regulation Loterías y Apuestas del Estado LAE and the National Organisation of the Blind in Spain ONCE maintain the monopoly on lotteries offered at a federal level. Betting, poker, bingo, casinos and gaming machines are permitted and subject to licensing. There are certain differences among the regions, but the following gaming products are generally permitted: roulette; blackjack; boule; trente et quarante; craps; baccarat; poker; slots and other machine gaming; bingo; raffles; tombola or charity raffles; betting; sports betting; horse racing; and Wheel of Fortune.

Regional Legislation The key legislation for land-based and online gambling at a regional level is approved by each of the 17 autonomous regions in Spain and the autonomous cities of Ceuta and Melilla, so each autonomous region has its own Gambling Act and secondary regulations developing the Gambling Act.

There is no specific or separate definition for land-based gambling. Very serious infractions include: operating without the necessary licence; the organisation, commercialisation, exploitation or promotion of illegal games; transferring a licence without the prior consent of the relevant gaming authority; the manipulation of technical systems or the use of systems or terminals not authorised by the relevant gaming authority; the unjustified and repeated non-payment of prizes to gambling participants; and the supply of technical support to unlicensed operators.

Minor infractions include: non-compliance with the obligations contained in the applicable regulations, provided that they are not explicitly typified as serious or very serious infractions; not properly informing the public about the prohibition on participation or access for minors and persons included in the General Game Access Interdiction Register; a lack of mandatory information being provided from the operator to players; and the participation from Spain, through the use of Spanish territorial IP address masking techniques, in gambling activities offered through websites other than those legally authorised by gambling operators with a licence in Spain.

Unlawful gambling is classified as a very serious infraction at both federal and regional level. The key aspects for consideration entail the proposed amendments, allowing the location of internal control system ICS in any European country rather than exclusively in Spain, together with the reduced ICS data retention period, decreasing from six to four years.

Since November , this authority has been put under the umbrella of the new Ministry of Social Rights, Consumer Affairs and Agenda prior to this, it was under the umbrella of the Ministry of Consumer Affairs for almost four years and under the Ministry of Finance before that and is competent, at the federal level, to: issue federal licences; draft regulation; supervise games; and supervise the enforcement and sanctioning of gambling activities.

Before discussing the approach to gambling regulation in Spain, a differentiation should be made between: regulation at a federal level, which only refers to online gambling; and regulation at a regional level, which includes both online and land-based gambling.

Online Gambling Online gambling can be offered at a federal or regional level. Land-Based Gambling The regulatory approach to land-based gambling is based on the licensing or authorisation regime approved by each autonomous region.

Since , the DGOJ has published a list of sanctioned companies on its webpage. It is expected to be passed during Q1—Q2 of At the time of writing, it is not clear when this resolution will be passed.

In July , the Administrative Chamber of the Spanish Supreme Court raised a question of unconstitutionality before the Constitutional Court regarding article 7 paragraph 2 of the Gaming Law, as this article allows a regulation lower than the law i.

Likewise, article 7 paragraph 2 of the Gaming Law should be eliminated from the legal system for being unconstitutional.

The DGOJ published in January a draft resolution to regulate i the requirements that must be met by the collaborating entities in the commercialisation of lottery games, when through electronic, computer, telematic or interactive channels, and ii the obligations of lottery operators related to marketing through these collaborating entities and the webpages, applications or other electronic, computer, telematic or interactive channels owned or operated by the external marketing network.

Patricia Lalanda Ordóñez LOYRA Abogados. Fernando A. Martín Martín LOYRA Abogados. LOYRA Abogados. Chapter Content Free Access 1. Relevant Authorities and Legislation 2.

Application for a Licence and Licence Restrictions 3. Enforcement and Liability 5. Anticipated Reforms. Relevant Product Who regulates it in digital form? Who regulates it in land-based form?

The relevant authority within the competent Autonomous Region, of which there are Poker Bingo Betting Betting DGOJ. Not regulated yet. Lotteries Lotteries The Spanish State. Only in Catalunya. The relevant authority within the competent Autonomous Region. Skill games and competitions with no element of chance Not regulated.

Land-based gambling Casinos: Each Region has established a licensing regime to install and operate casinos. Usually, whenever a certain Region intends to grant a licence for a new casino, it must call and conduct a public tender, where applicants submit their proposal, which must comply with the requirements of the tender in terms of investment size, technical and financial suitability, location, potential for employment creation, guarantees, feasibility study, etc.

The licence is granted to the applicant who attains the best score according to a scale provided in the tender. Typically, the total number of casinos that can be authorised within a concrete Region, as well as the number of casinos that can be operated by the same operator and its group of companies , are limited.

Once the licence to install the casino has been granted, the applicant must obtain the authorisation to operate it, which is not transferable. Generally, any company that intends to operate a casino must be duly incorporated in Spain, have a certain minimum share capital and have the operation of casinos as its primary business purpose.

Shareholders, directors and top-level management need to undergo a suitability analysis and comply with regulatory requirements. Bingo halls: Regions have passed legislation for the installation and operation of bingo halls, including many requirements as to registration with the competent authority, incorporation, corporate purpose and the provision of financial guarantees.

In addition, bingo hall operators must comply with filing requirements related to employees and obtain authorisations for transfers of ownership or variations in the terms and conditions of the licence. Over the past few years, electronic and inter-connected bingos have been regulated in several Regions.

Bingo halls may also, under certain conditions, operate Type B machines. Sports betting: Regarding sports betting, regulation is variable across the Regions and sports betting terminals and counters can only be installed in certain gambling locations.

Dedicated sports betting locations may also be opened in certain Regions. Gambling machines: Manufacturers and distributors must comply with legislation regarding the physical characteristics of the machines, amounts wagered, prize payout statistics and locations where each type of slot machine may be placed.

In certain Regions, transfers of ownership interest in machine manufacturers and distributors are subject to prior authorisation or notification to the relevant Region. Registration and homologation of each machine model is mandatory. Additionally, each machine must be labelled with the name of the manufacturer and the relevant operating permit.

Moreover, machine manufacturers, distributors and operators must register with and be approved in terms of technical, reputational and financial suitability and compliance by the gambling authority of the Region in which they intend to conduct business.

Machine operators are also required to deposit financial guarantees, which vary across each Region, and must keep records and documentation related to the machines they operate. In addition, there are regulations on the types of locations at which machines can be installed and the number of machines that can be placed in each of them.

There are sub-types and other classifications that are omitted herein for the sake of simplicity. Multi-position machines, and the possibility of linking them in certain locations and under a number of requirements, are generally allowed in the Spanish Regions and may offer larger prizes i.

Gambling arcades: Regional laws and regulations have some differences, but the key requirements for the grant of a licence for the operation of gambling arcades are the following: i registration with the regional registry as a gambling arcade operator including a statement as to the machine type s that are intended to be installed ; ii a specific gambling arcade licence; iii provision of financial guarantees; iv municipal licences for the operation of the location of the gambling arcade; and v communication to the competent gambling authority of any change in the information supplied.

Regional lotteries: The Regions may also regulate public gambling activities lotteries that take place within their respective territories. Up until now, only the Region of Catalunya has regulated lotteries within its territory. Password recovery. Olive Press News Spain.

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In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets

Spanish Online Gaming

Spanish online gambling regulations - Online gambling is regulated by Law 13/, of 27 May , on the regulation of gambling (“Law 13/”), which applies to the offering of In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets

Regulatory bodies are legally allowed not only to impose economic sanctions but also to revoke or suspend licences. Regulators could even suspend gambling licences or seize any assets or documents related to, and needed for, the licensed activity as a precautionary measure.

Economic sanctions may be enforced through the exercise of the relevant guarantees submitted by the operators before the regulator to cover their liabilities and potential consequences that arise as a result of a breach of their obligations as operators.

If these guarantees are not enough to cover a certain liability, the sanctions imposed by the regulator could be enforced through common civil remedies the seizure of assets, goods, shares, deposits, etc. As mentioned in On 16 November , left-wing parties were elected again in Spain.

With this, a series of changes have taken place in the government, including changes in the Ministry of Consumer Affairs, which is directly responsible for the DGOJ. First of all, it should be noted that Mr Alberto Garzón, until now Minister for Consumer Affairs, has been replaced by Mr Pablo Bustinduy.

The new Minister is known for having participated in the creation of the political party Podemos which espoused an extreme left-wing ideology and is now a sympathiser of the political party Sumar also a party of the far left.

Another notable change is the disappearance of the Ministry of Consumer Affairs itself and its integration within the Ministry of Social Rights and Agenda Therefore, the DGOJ is now under the umbrella of the new Ministry of Social Rights, Consumer Affairs and Agenda For this new legislature, the programme of the Ministry foresees the approval of several laws, including the law on general contracting conditions and the law regulating customer services, which failed to be approved by the last legislature.

On this basis, no major changes are expected in the future of the Ministry and in terms of the gambling industry, as both the former and current Ministers have a similar political approach.

Barring any surprises, the current regulator at the DGOJ, Mr Mikel Arana, will be replaced in the next few months. The tax rate applicable to the land-based sector is approved by each regional regulation and therefore varies depending on the region. As an example, in the region of Madrid, the applicable taxes are as follows:.

In addition, there are fixed rates that apply to operating betting terminals or automatic appliances that are suitable for the development of games.

On 16 November , left-wing parties were elected again. Following this, a series of changes have taken place in the Spanish government, including changes in the Ministry of Consumer Affairs, which is directly responsible for the DGOJ.

First of all, it should be noted that Alberto Garzón, until now Minister for Consumer Affairs, has been replaced by Pablo Bustinduy. The new Minister is known for having participated in the creation of the staunchly left-wing political party Podemos and is now a sympathiser of the political party Sumar also of the extreme left.

Another notable change consists of the disappearance of the Ministry of Consumer Affairs itself and its integration within the Ministry of Social Rights and Agenda For this new legislature, the programme of the Ministry foresees the approval of several laws, including the law on general contracting conditions and the law regulating customer services, which failed to be approved in the last legislature.

Barring any surprises, the current regulator at the DGOJ, Mikel Arana, will be replaced in the next few months. Avenida Jaime III, 1 Primera Planta Palma de Mallorca Islas Baleares Spain. In recent years, Spain has witnessed a significant transformation of its gambling sector.

What was once an attractive, competitive and — one could even say — exemplary industry, has undergone a fundamental shift, largely driven by the adoption of new regulatory restrictions by the government, pushed by populist and left-wing political parties. The government has taken substantial measures to assert greater control over the gambling industry, primarily fuelled by concerns about the social and public health implications of excessive gambling.

However, as this article will explore, the proposed solutions do not always align with the intended objectives and with the actual problem experienced by the market. A particular focus will be the most recent regulatory development, namely the Royal Decree aimed at creating safer gaming environments and examining potential future implementations.

Additionally, this article will explore the rising trend of fraudulent practices within the gambling sector, commending the remarkable efforts of Spanish organisations dedicated to combating these illicit activities and shedding light on their critical role in preserving the integrity of the industry.

In the ever-evolving landscape of gambling regulation and given the emerging challenges, the authors aim to provide insights into the current state of the Spanish gambling industry, assess the impact of recent regulatory changes, and offer a glimpse into what the future may hold for both operators and players in this dynamic sector.

Even though the Spanish gambling market has numerous measures and requirements through the gambling regulations that are aimed at ensuring a safe environment for consumers in the gambling industry, a new regulation in the form of a Royal Decree was approved on 14 March and came into force on 15 September Some of the noteworthy and commented upon measures are summarised below.

This set-up requirement previously existed solely for slots and has now been extended to the general licence for other games. This is understood as participants who have incurred weekly net losses of EUR or more for three consecutive weeks.

In the case of young participants — a category described in the following paragraph — weekly net losses must be equal to or greater than EUR for three consecutive weeks. Those players displaying intensive gambling behaviour will receive specific messages, along with a monthly summary of their activity.

These players will also face restrictions on the use of credit cards. Gamblers aged 25 or younger are categorised as young participants. For them, operators must display specific messages during the gaming session and employ various means to inform them of the associated risks of gambling, particularly at a young age.

Although the regulation still does not provide a definition of such participants the Spanish gambling regulator, Dirección General de Ordenación del Juego — DGOJ, is currently developing an algorithm to unify a definition and criteria that is intended to be in place by September , it does state that operators must establish mechanisms for detecting participants displaying risky behaviours and are obliged to report annually to the regulator on the implemented protocols and the total number of affected individuals.

This group will not receive promotions and cannot be contacted by VIP services. Commercial communication to this group is effectively prohibited. The Royal Decree places emphasis on participants who have exercised their right to self-exclusion or self-prohibition.

Players who register in the General Registry of Access Bans to Gambling RGIAJ will have their activities suspended and will not receive commercial communications. As discussed in the previous paragraphs, this new regulation incorporates a significant number of messages that players should receive before, during and after the gaming session, which is bound to affect their gambling experience.

During the gaming session, the user must receive, at least once every 60 minutes, periodic informative messages that must be read in order to continue playing. Additionally, operators must, at least every three months, inform users about accessing their monthly activity summaries this shall be monthly for players displaying intensive behaviour.

In addition, the frequency and intensity of messages will vary depending on the categorisation of the player ie, as a young participant, with intensive or risky behaviour, self-excluded or self-prohibited. While some of the measures introduced by the new regulation are reasonable and beneficial, others appear unnecessary, as the Spanish gambling market, since its approval back in , has become increasingly healthy and safe due to the constant regulatory developments over the years.

Furthermore, the figures in Spain are quite encouraging, with an approximate 0. This measure may appear suitable and proportionate to combat overspending on games that fall under the general licence for other games, which includes slots, blackjack, roulette, bingo, baccarat, and poker excluding tournaments , since it compels players to limit their spending and overall time across all games within the session.

However, since this measure demands technical implementation for operators, it will enter into force on 15 March Therefore, observers will have to wait to see if this measure truly fulfils its intended function.

This measure fails to consider the individual financial capacity of each player or the diverse forms of gambling that exist, as it ignores fundamental aspects of the very nature of gambling. This approach, focused solely on financial losses, oversimplifies a complex issue.

Gambling behaviour varies widely, and the extent of financial losses may not necessarily indicate a problematic gambler. A high-roller who loses significant amounts may have the financial means to do so without experiencing harm, while a moderate-income individual could be adversely affected by comparatively smaller losses.

While it is important to address problem gambling and protect vulnerable individuals, the introduction of this category may risk stigmatising those who gamble responsibly but happen to experience financial losses.

A more nuanced approach that considers individual financial situations and the diversity of gambling forms could be more effective in identifying and assisting those truly in need while preserving the rights of responsible gamblers. Under this provision, these players will receive continuous messages highlighting the associated risks of gambling during their gaming session, which, compared to players aged 26 and above, will mostly hinder their gaming experience.

While the intention behind this measure is to enhance awareness and promote responsible gambling among young individuals, it also comes with certain restrictions.

This means that marketing campaigns and incentives geared towards non-gaming products or services will not be accessible to them.

Moreover, according to the data provided by the DGOJ, on the profile of the online gambler in , the average annual spending of players aged 18 to 25 is a modest EUR, which means that it is a relatively small figure that does not warrant extreme alarm. This restrictive approach could deter young adults from engaging in legal and regulated gambling activities, potentially leading to unintended consequences such as a shift towards unregulated options or even the emergence of a thriving black market.

While protecting young individuals from gambling-related harm is of paramount importance, it is equally crucial to strike a balance that does not unduly harm the industry or create an environment where legal gambling becomes unattractive to this demographic.

Finally, we can only reiterate the burden that the excessive sending of messages and other responsible gaming measures pose for both the operator and the user. By way of example, and in order not to reiterate the above, operators have a hour window to limit the use of credit cards by players with intensive behaviour while in the case of players with risky behaviour, this measure must be adopted within 24 hours.

While these aspects are crucial for society and should be subject to ongoing review and improvement, it is necessary to question the need, efficiency and true motivation behind the restrictions introduced in the new regulations.

Striking the right balance between safeguarding individuals and maintaining a thriving, responsible gaming industry remains a crucial challenge in the evaluation of these new regulations. It is also worth mentioning that the restrictive measures imposed on online gambling often have parallels in the realm of land-based gambling, exemplified by recent developments such as the decision of the Superior Court of Justice of Valencia to refer a question to the Court of Justice of the European Union CJEU regarding whether the requirement of a minimum distances of meters between gaming halls and meters between these establishments and educational centres aligns with EU law, particularly in terms of principles such as proportionality, freedom of enterprise, and market unity.

This case highlights the need for a careful examination of whether such restrictions are proportionate to their intended goals and whether they inadvertently hinder legitimate business activities. The outcome of this CJEU referral will likely have broader implications for the regulatory landscape of gambling in Europe, providing valuable guidance on striking the right balance between social protection and market freedoms.

From the above it can be concluded that some of the provisions contained in this regulation along with the restrictions introduced by the Royal Decree on commercial communications for gambling activities which not only introduced an almost total ban on advertising, but also the prohibition of welcome bonuses or promotions to attract new customers , and the fact that in such a highly regulated market there is a clear lack of regulatory updates in terms of market innovation and developments, are making the market look increasingly impoverished and unattractive, leading to a discouraging player experience, which will most likely and unfortunately result in players fleeing to the illegal market.

In line with the recently approved regulation in Spain, other implementations are still to come into effect. The aim of this new regulation is to limit player deposits in a universal manner — ie, by establishing a system of deposit limits per player applicable to all operators licensed in Spain.

In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and a monthly limit of EUR3, Furthermore, an increase in the limits set by the player may not be requested until a cooling-off period of three months have elapsed since the last increase.

Therefore, the current regulation sets individual deposit limits for each operator, allowing players to modify them within certain parameters. Any attempt to increase or completely remove the limit necessitates the player going through a series of responsible gambling measures.

While this current approach seems to strike a balance between personal choice and safeguarding players from excessive gambling risks, it is undeniably true that the proposed measure of joint deposit limits among operators appears logical and even ideal from the perspective of responsible gambling, with its primary aim being to assist players in managing their gaming behaviour and minimising potential harm resulting from excessive play through the limitation of deposit amounts.

However, the measure to be implemented in Spain has already been implemented in other countries where the results have not been as expected. Germany, for instance, implemented a stringent joint deposit limit system in , which has had profound effects on the market dynamics.

Major global operators have found it increasingly difficult to operate profitably within the confines of these strict limits. The consequence of this has been that the market, once a thriving hub for online gambling, has now become marginalised even for industry giants. A similar scenario has unfolded in Sweden, where the implementation of joint deposit limits has disrupted the market landscape.

It has been found that players, frustrated by these restrictive limits, are now actively seeking unregulated operators as alternatives. This trend is worrisome as it diverts players away from the protective umbrella of regulated environments to the potentially riskier unregulated fringes of the market.

Therefore, while the intention behind joint deposit limits is laudable, regulators must consider the lessons learned from countries where it has been applied. Striking the right balance between protecting players and maintaining a competitive and sustainable gambling industry is a complex challenge that requires constant evaluation, and potential adjustments to the regulatory framework to ensure both objectives are met effectively.

Be that as it may, the draft Royal Decree in Spain has been submitted to a hearing and public information process, which ended on 16 October , so its entry into force is not expected in the coming months. What the practical implications will be in practice remains to be seen.

This alarming issue not only poses serious risks to personal privacy and financial security but also underscores the urgent need for comprehensive regulatory measures and heightened awareness. The modus operandi of these accounts is receiving fraudulently obtained funds, which are subsequently transferred to other accounts, often overseas, making it nearly impossible to trace and recover the money after multiple transactions.

Mule accounts have become the preferred tool for fraudsters, money launderers and others, enabling them to evade justice and perpetuate their crimes. The issue of mule betting accounts has raised concerns within the Spanish gambling industry and among regulators.

The Spanish government has taken proactive measures to combat this problem by implementing strict regulations aimed at preventing money laundering, fraud, and the manipulation of betting markets.

Within this bod, is found the Global Investigation Service of the Betting Market SIGMA , a technical instrument that is constituted as an interactive co-operation network managed by the DGOJ and accessible by telematic means for the participating entities that have joined the service eg, the state security forces and corps, the Higher Sports Council, sports federations, professional leagues and licensed gambling operators.

Additionally, in , the National Commission to combat the manipulation of sports competitions and betting fraud CONFAD was created, which aims to provide a formalised channel for dialogue and co-operation between state public authorities, sports entities and gambling operators in order to prevent and eradicate corruption and manipulation of competitions and betting through co-ordinated action among its members.

Finally, it is worth mentioning the Spanish National Police Centre for Integrity in Sport and Gambling CENPIDA. This body was established in response to European Union directives with the primary aim of providing a comprehensive response to the gambling sector.

This is primarily driven by the concern that criminal organisations may exploit the gambling sector for their illicit activities, or that the sector itself may become a target of illegal practices, such as match-fixing.

The CENPIDA is attached to the Central Service for the Control of Gambling and Betting of the National Spanish Police. Recent law enforcement efforts have led to the dismantling of criminal organisations involved in match-fixing schemes aimed at defrauding sports betting companies.

Some mules were compensated with a percentage of the earnings, while others received privileged information for making their own wagers. Another remarkable achievement by Spanish agencies involved a joint operation conducted in collaboration with the National Police CENPIDA , Europol and Interpol, in the Operation Mursal.

This operation targeted an organisation engaged in manipulating sporting events through the use of satellite technology. Among the various methods employed by the organisation was the use of third-party identities to avoid raising suspicions among betting companies. Despite the substantial prize winnings, the organisation appeared to collect them through different individuals, adding an additional layer of complexity to their illicit activities.

These successful operations underscore the commitment of Spanish law enforcement to combatting match-fixing and fraudulent activities within the gambling sector. The collaboration between national and international agencies demonstrates a concerted effort to maintain the integrity of sports competitions and protect the interests of legitimate bettors and the betting industry as a whole.

Chambers and Partners website Toggle navigation. Gaming Law Last Updated November 28, Law and Practice Trends and Developments. Law and Practice. Expand All. Regulatory Trends The regulatory regime for gambling in Spain is aimed at reinforcing: the protection of players; public order; and the prevention of addictive behaviour, fraud and money laundering.

Gambling Sector Growth The online gambling industry, according to the latest quarterly report Q2 issued by the Spanish gambling regulator, saw a robust 2.

Jurisdictional Overview. General Regulation Gambling regulation in Spain is divided between online gambling that is offered at a federal level, and land-based or online gambling that is offered within one region.

The following games have been regulated so far, and are therefore permitted to be offered at a federal level: pools on sports betting; fixed-odds sports betting; pools on horse racing; fixed-odds horse racing; other fixed-odds betting; exchange sports betting; exchange horse racing; other exchange betting games; contests; poker; bingo; roulette; complementary games; blackjack; baccarat; and slots.

There are some minor differences between the regions, but the following gaming products are generally approved and permitted: roulette; blackjack; boule; trente et quarante; craps; baccarat; poker; slots and other machine gaming; bingo; raffles; tombola or charity raffles; betting; sports betting; horse racing; and Wheel of Fortune.

Sector-Specific Regulation Loterías y Apuestas del Estado LAE and the National Organisation of the Blind in Spain ONCE maintain the monopoly on lotteries offered at a federal level.

Betting, poker, bingo, casinos and gaming machines are permitted and subject to licensing. There are certain differences among the regions, but the following gaming products are generally permitted: roulette; blackjack; boule; trente et quarante; craps; baccarat; poker; slots and other machine gaming; bingo; raffles; tombola or charity raffles; betting; sports betting; horse racing; and Wheel of Fortune.

Legislative Framework. Regional Legislation The key legislation for land-based and online gambling at a regional level is approved by each of the 17 autonomous regions in Spain and the autonomous cities of Ceuta and Melilla, so each autonomous region has its own Gambling Act and secondary regulations developing the Gambling Act.

There is no specific or separate definition for land-based gambling. Very serious infractions include: operating without the necessary licence; the organisation, commercialisation, exploitation or promotion of illegal games; transferring a licence without the prior consent of the relevant gaming authority; the manipulation of technical systems or the use of systems or terminals not authorised by the relevant gaming authority; the unjustified and repeated non-payment of prizes to gambling participants; and the supply of technical support to unlicensed operators.

Minor infractions include: non-compliance with the obligations contained in the applicable regulations, provided that they are not explicitly typified as serious or very serious infractions; not properly informing the public about the prohibition on participation or access for minors and persons included in the General Game Access Interdiction Register; a lack of mandatory information being provided from the operator to players; and the participation from Spain, through the use of Spanish territorial IP address masking techniques, in gambling activities offered through websites other than those legally authorised by gambling operators with a licence in Spain.

Unlawful gambling is classified as a very serious infraction at both federal and regional level. EUcasino Spain. Golden Park. Interwetten Spain. JokerBet Spain. Juegos ONCE. Loteria Cervantes. Loteria La Favorita.

Loterias y Apuestas del Estado. Marathon Bet Spain. Marca Apuestas. Mega Casino Spain. MONOPOLY Casino Spain. Mr Green Spain.

Paf - Spain. PartyCasino Spain. partypoker Spain. PlayJango Spain. PlayUZU Spain. PokerStars Spain. SlotsMagic Spain. Todo Slots. Tombola - Spain. Each region has its own regulation for each type of premises licensing: casinos, gaming halls, bingos and betting shops.

Therefore, the requirements for licensing depend on the premises and the autonomous region in question. Also, in some cases, casino premises for example, licensing is subject to a public tender process.

Notwithstanding the above-mentioned regional variation, in general terms the requested documentation aims to prove the legal, technical and economic solvency of the applicant.

The main requirements and differences that can be identified are as follows:. The land-based gambling sector is still implementing certain changes, with the aim of reinforcing the protection of vulnerable individuals and tightening the regulation of gambling advertising.

The main changes in this regard are as follows. This positioned the Balearic Island at the forefront of regions pioneering measures to combat gambling addiction. With the application of the new Balearic regulations, slot machines will cease to emit lights or sounds, remain dormant when not in use, and incorporate a start-up screen that will ask the user about their legal age and warn them about the potential risks of addiction associated with the game.

Included among the significant changes in this new regulation is a provision requiring a minimum distance of metres between gaming establishments and educational centres, as well as the prohibition on cash withdrawals from point of sales terminals with credit cards within the premises of gaming establishments.

On 4 July , a new Gambling Law was issued in Galicia. This law dictates that leisure and dining venues, which do not primarily serve as gaming establishments, are now limited to two recreational machines each.

Bars are permitted to host type A special slot machines and type B betting machines. Bingo halls can additionally include type B special machines, whereas casinos are allowed type C machines, which are entirely based on chance and offer larger prizes.

In response to public concerns, the law has changed the distance regulations between gaming establishments and educational centres. The required distance has been increased from metres to Notwithstanding this, it should be noted that existing gaming establishments are given a year grace period to comply, but must adhere to the new distance if relocating.

Valencia, for example, mandates a metre separation between gaming halls, and an metre gap between these and educational centres. Andalusia requires a smaller, metre distance, while Barcelona enforces a larger metre one. Recently, the Superior Court of Justice of the Valencian Community TSJCV submitted a consultation to the Court of Justice of the European Union CJEU , to evaluate whether the stipulated distances in Valencia metres between gaming halls and metres from educational centres to gaming halls possibly unfairly disadvantage private companies, and whether they comply with the principles of freedom of establishment and freedom to provide services, as defined by the European Union.

The implications are profound, with four appeals lodged by gaming sector business associations against these measures held in suspension. As a consequence of the approval of the Royal Decree on commercial communications for online gambling activities at a federal level in , most of the regions in Spain announced their intention to proceed with the adaptation of their regulations to that Royal Decree.

Valencia is the region with the most restrictive regulation on gambling advertising and, as a result, any type of gambling advertising or promotional activity has been prohibited. Spanish gambling regulation does not distinguish between B2C and B2B licences, nor between the law applicable to the operations of one operator and another.

Entities that meet the above requirements and also manage gaming platforms in which they are members, or that other gaming operators join, pooling together stakes coming from their respective users, will be considered as gaming operators and gaming co-organisers.

If a B2B operator meets the requirements established by the regulation, it is subject to licensing and, technically speaking, will be considered a gaming operator. Consequently, the inclusion of a B2B operator within the definition of a gaming operator, and its requirement to be licensed, depends on the services that said operator intends to provide within Spain, along with the conditions related to that service.

Affiliates do not need to hold a licence in Spain as long as they do not register clients or maintain an agreement or gaming account with them. The new regulation on advertising establishes a new requirement by which an operator is prohibited from using brands or trade names that are not owned by said operator or by the business group to which such operator belongs, to identify and differentiate itself from other operators.

Consequently, it may also be subject to licensing. Central to these adjustments is an array of notifications which operators are obligated to supply at specific intervals — for example, when certain predetermined thresholds or events are reached. The key objective is to ensure that participants have access to the necessary information to formulate educated judgements ahead of time and allow them to rectify their behaviour.

Additional noteworthy amendments include prohibitions placed on the aforementioned groups of participants, ranging from a ban on using credit cards to the prohibition of accessing VIP schemes and a restriction on receiving commercial communications.

The proposed modification is designed to establish a financial restriction on the cumulative deposits that an individual participant can submit across all gaming accounts associated with any of their user registries held with licenced gambling operators. This proposal aims to enhance the protection provided to participants holding gaming accounts with multiple operators.

Thus, the DGOJ will use this opportunity to revise Annex I of the Royal Decree, particularly regarding the amounts and legal form of the establishment of guarantees by gambling operators. The period for public consultation, allowing the public to participate by offering suggestions, concluded on 16 October Draft Resolution Approving the New Data Model and Modifying Annexes I of Two Resolutions.

On 7 July , the DGOJ initiated a public consultation period on the draft Resolution approving the new Data Model and modifying Annexes I:. The purpose of these modifications is to adapt the existing Resolutions to recent regulatory changes, most notably, the Royal Decree on Gambling Advertising and Responsible Gambling, which have imposed additional obligations onto operators which could be monitored by the DGOJ, through the introduction of the necessary changes to the data model of the monitoring system.

The consultation, in which the public could participate with suggestions or concerns, concluded on 7 September On 27 April , the Spanish Council of Ministers approved the draft law regulating customer services, the main objective of which is to alleviate the deficiencies detected in the provision of this type of service by large companies and to better safeguard consumer rights.

The draft law arises from numerous consumer complaints centred around inefficient customer service, typically within larger entities.

This regulation, also foresees the possibility that small and medium-sized companies and financially struggling companies will not be affected by the regulation, as they are not the main generators of these complaints.

Notably, some online gambling operators, determined by annual income, may fall under this regulation. The draft law encourages consumer rights and establishes base-line quality standards for customer services across sectors including utility providers, transportation, postal services, conditional access to audiovisual media and electronic communications services.

Companies are expected to maintain satisfactory services to inform, handle, and resolve customer complaints. The regulation does not contain specific technical measures to protect consumers from unlicensed operators.

However, the DGOJ is entitled to request that internet service providers and financial entities adopt blocking measures within sanctioning procedures initiated against illegal operators.

In this sense, blocking access from Spanish IP addresses and payment-blocking are the most common measures. Indeed, the DGOJ has committed to continue intensifying the existing policy of domain name system DNS -blocking and monitoring payment traffic to identify the main black-market operators targeting the Spanish market.

Somewhat related to the above, the most recent modification of the Spanish Gambling Act incorporated the following new types of infractions:. The gambling sector is fully committed to the detection of participation in gambling activities by minors and vulnerable groups.

The aim of the responsible gambling requirements is to prevent and correct the negative effects of gambling through the application of different measures. Most of the responsible gaming requirements are compulsory for online operators.

The requirements for land-based operators vary by region and premises, and some land-based operators apply additional responsible gambling measures in their businesses, at their own initiative. Key requirements include the prohibition of loans to players, the need to provide clear and accurate information to participants, accessible customer service for player complaints, and the facilitation of a customer support hotline by online operators at the federal level.

Operators are also obliged to inform players about the General Register of Gambling Access Bans RGIAJ and offer self-exclusion options. Responsible gambling tests are also mandatory to detect potential gambling issues.

As explained in 6. The regulation includes the introduction of two new subcategories within the existing grouping of vulnerable participants. The first of these subgroups includes young participants below the age of As it pertains to young participants, net weekly losses for intensive players are those that equal or surpass EUR for three successive weeks.

Other distinctive constraints introduced by the DGOJ for these vulnerable groups include a credit card usage ban for intensive players and those exhibiting risky behaviour; barring access to VIP schemes for younger and risky players and limiting the extent of commercial communication for this latter group.

This concern is expressed in the implementation of measures such as the amplification of mandatory messages that operators must send to users under various circumstances. For instance, their classification as part of a vulnerable group, information on their gambling patterns, and in-session games allow users to maintain a thorough understanding of their gambling habits, time spent playing, and money expended.

This is a deviation from the previous regime, which applied these limits solely to slot games. As detailed throughout 7. Responsible Gambling RG , Also Known as Safer Gambling SG , the Spanish authorities have created different tools for operators and citizens in order to promote responsible gambling.

Through an inscription in the RGIAJ, an individual is fully prohibited from accessing gambling activity applicable to online and land-based gambling. The register is formed of the data of citizens that voluntarily do not wish to exercise their rights to gamble and of those that are declared incapacitated by a legal ruling.

The DGOJ offers online operators a tool to proceed with the ID verification of their customers resident in Spain. Operators can also check whether the customer is registered with the RGIAJ with this tool, and whether the data provided by the customer corresponds to a minor or to individuals included in the Civil Registry as deceased.

The DGOJ has launched a service addressed to all citizens in order for the operator to detect and communicate an attempt of activation of a user registration when the identity data provided matches the data of an individual who is registered with this service.

No specific AML guidance relevant to the gambling sector is available in Spain, nor has anything been published in this regard by the DGOJ or the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences SEPBLAC.

The Spanish AML regulation establishes the instructions, proceedings and duties that online and land-based gambling operators need to apply for the prevention of money laundering.

Contrary to what happens, for instance, in the UK, in Spain there is no specific regulatory or supervisory agency for advertising.

In spite of that, in the case of online gambling at the federal level, the DGOJ supervises compliance with the applicable advertising rules by the gambling operators and sanctions them if they breach those regulations.

For audiovisual communication service providers rendering services to gambling operators, the authority to launch proceedings and sanction lies not only with the DGOJ but also with the National Commission of Markets and Competence CNMC.

Gambling operators must be duly licensed by the regulator to advertise their products. According to Article 7. The same is true at regional level. Any advertising third-party provider must confirm that its client gambling operator is duly licensed according to Article 7.

Infringements in the Gambling Law fall into two categories:. Both infractions are qualified as serious infractions and are therefore subject to fines of between EUR, and EUR1 million and to the suspension of activity in Spain for a maximum period of six months.

Each autonomous region individually approves sanctions for regional land-based and online gambling. The current legislation applicable to the advertising of gambling operators — and their products — is as follows:. The most important restriction is that gambling products can only be advertised by licensed operators.

The present restrictions on gambling advertising aim to shield consumers. The main principles include legality, honesty, identification, veracity, societal responsibility, responsible gaming, underage protection, especially enforcing restrictions during watershed hours. Its regulation and requirements entered into force mostly throughout The most relevant restrictions implemented by this Decree applicable to the online gambling sector include:.

Please note that social gaming products can generally be advertised without the restrictions applicable to gambling products.

In terms of advertising for online gambling regulated at the federal level, Articles 40 d and e of the Gambling Act state the relevant applicable infractions, which are subject to the same sanctions:. Following its entry into force, the Royal Decree on commercial communications for gambling activities was challenged before the Spanish Supreme Court by key stakeholders such as the Spanish Association on Online Gambling Jdigital , the Information Media Association and the Football League.

Spanish online gambling regulationsRefuerzo a Empresarios Locales the online gambling market became regulated, there have been three licensing windows inand It should also be pointed out that there is currently regulatiosn legislative process in place reuglations to regulate the Spaniah boxes Freebies. The tax rate applicable to the land-based sector regulationns approved by Spanish online gambling regulations gaambling regulation regulatiions therefore varies depending on the region. The modus operandi of these accounts is receiving fraudulently obtained funds, which are subsequently transferred to other accounts, often overseas, making it nearly impossible to trace and recover the money after multiple transactions. Somewhat related to the above, the most recent modification of the Spanish Gambling Act incorporated the following new types of infractions: a minor infraction consisting of the participation from Spain, through the use of Spanish territorial IP address masking techniques, in gambling activities offered through websites other than those legally authorised by gambling operators with a licence in Spain; and a serious infraction consisting of promoting or facilitating the participation from Spain in gambling activities through websites other than those legally authorised by gambling operators with a licence in Spain. Federal Level At a federal level, the available licences are classified as follows.

Pubgg.info › practice-guides › comparison Online gambling is regulated by Law 13/, of 27 May , on the regulation of gambling (“Law 13/”), which applies to the offering of The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets: Spanish online gambling regulations
















Phishing Alert The Regulztions has launched a service regulationss to all citizens in order for Empresarios destacados en el mundo del gambling operator to detect and communicate an attempt of activation of regulatione user registration when Spanisg identity data provided matches the data rsgulations an individual who is registered with this service. The collaboration between national and international agencies demonstrates a concerted effort to maintain the integrity of sports competitions and protect the interests of legitimate bettors and the betting industry as a whole. Mr Green Spain. The main principles include legality, honesty, identification, veracity, societal responsibility, responsible gaming, underage protection, especially enforcing restrictions during watershed hours. The duration of licences depends on each region and type of licence. Apply due diligence measures as per the Spanish AML Act, when a customer engages in transactions amounting to EUR2, or more — in a single operation or multiple linked operations — either upon the collection of winnings, the wagering of a stake or both for online gambling operators , or at the time of receiving gains or purchase or sale of gaming chips for land-based operators , the operator should implement the corresponding due diligence measures thorough monitoring, investigation into the nature and intention of the business transaction, and not merely customer ID verification. The licence is granted to the applicant who attains the best score according to a scale provided in the tender. The documents needed in order to apply for a licence are divided into three groups, relating to the applicant's legal, economic and technical solvency. Unlawful gambling is sanctioned under the Gambling Act with a fine of between EUR1 million and EUR50 million. Online gambling — State level General licences: valid for 10 renewable years. Any advertising third-party provider must confirm that its client gambling operator is duly licensed according to Article 7. If the entity is not based in Spain, it must have a permanent representative in Spain for notification purposes. In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Land-based gambling and online gambling at a regional level are A year later, in , the commission released the Spanish Gambling Act—new legislation that covers all gambling within the Spanish borders Land-based gambling and online gambling at a regional level are pubgg.info › practice-guides › comparison Online gambling is regulated by Law 13/, of 27 May , on the regulation of gambling (“Law 13/”), which applies to the offering of Spanish online gambling regulations
Non-remote gambling is regulqtions by the regulationz autonomous region and the regional gambling authorities, and is subject to gajbling corresponding regulatins licensing regime. Politica Spanish online gambling regulations privacidad. This aims to reinforce the contractual regylations of consumers and to protect the governing principles of any gambling contract, as follows:. Draft Resolution Approving the New Data Model and Modifying Annexes I of Two Resolutions. Read this chapter FREE To download this chapter FREE Register or log in here Buy Chapter in PDF format £ Buy the Book in PDF format £ The prizes can be in cash or in kind, depending on the type of game. The CENPIDA is attached to the Central Service for the Control of Gambling and Betting of the National Spanish Police. The implications are profound, with four appeals lodged by gaming sector business associations against these measures held in suspension. There have been three public calls for general licences for online gambling at the federal level since the approval of the Spanish Gambling Act in in , and Another notable change consists of the disappearance of the Ministry of Consumer Affairs itself and its integration within the Ministry of Social Rights and Agenda The regulation applicable to online gambling at the federal level also sets forth the obligation for operators to establish mechanisms and protocols that make it possible to detect risky behaviours in registered players. This large and growing industry is thanks, in part, to the legislation that allows gambling in the country. In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the Online gambling is regulated by Law 13/, of 27 May , on the regulation of gambling (“Law 13/”), which applies to the offering of Land-based gambling and online gambling at a regional level are In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets Spanish online gambling regulations
Reuglations This Spanish online gambling regulations the most popular destination Spanish online gambling regulations British tourists visiting Spain over Easter 19 Mar, The Gambling Act Spanish online gambling regulations online gambling as games performed through electronic channels, IT and interactive systems, when regupations device, equipment or system is employed to produce, regulatioms or regulatiosn documents, data or Experiencia de cliente personalizada, including through any public or private communication network. As described above, at least two licences must be applied for general and singular licence. The purpose of these modifications is to adapt the existing Resolutions to recent regulatory changes, most notably, the Royal Decree on Gambling Advertising and Responsible Gambling, which have imposed additional obligations onto operators which could be monitored by the DGOJ, through the introduction of the necessary changes to the data model of the monitoring system. Patricia Lalanda Ordóñez LOYRA Abogados. Sincethe DGOJ has published a list of sanctioned companies on its webpage. Social gambling is not regulated in Spain. We would like to thank Carlos Lalanda for his assistance on this section. The current legislation applicable to the advertising of gambling operators — and their products — is as follows:. In general terms, the national regulatory body and those of the autonomous regions have an open approach to gambling, which is over-regulated in almost all cases. At the federal level, the available licences are classified as follows:. Casino City Home World Gambling Europe Gambling Spain Casinos Spain Tweets. Gamblers aged 25 or younger are categorised as young participants. In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets To date, there are 14 regulated (permitted) types of online game in Spain: • slot machines;. • roulette;. • baccarat;. • bingo;. • blackjack;. • poker;. • fixed Online gambling is regulated by Law 13/, of 27 May , on the regulation of gambling (“Law 13/”), which applies to the offering of A year later, in , the commission released the Spanish Gambling Act—new legislation that covers all gambling within the Spanish borders A Q&A guide to gaming in Spain. The Q&A provides a high level overview of the legislative framework of gambling regulation; the regulatory authorities; gambling A year later, in , the commission released the Spanish Gambling Act—new legislation that covers all gambling within the Spanish borders To date, there are 14 regulated (permitted) types of online game in Spain: • slot machines;. • roulette;. • baccarat;. • bingo;. • blackjack;. • poker;. • fixed Spanish online gambling regulations

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Online gambling is regulated by Law 13/, of 27 May , on the regulation of gambling (“Law 13/”), which applies to the offering of To date, there are 14 regulated (permitted) types of online game in Spain: • slot machines;. • roulette;. • baccarat;. • bingo;. • blackjack;. • poker;. • fixed The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets: Spanish online gambling regulations
















Aside from the regulations Spanish online gambling regulations in force over what operators regulatikns allowed to offer Spanish online gambling regulations gammbling the country, the government has also regulatios other subsequent laws that gamblinf directly reghlations gambling. Land-based gambling and online gambling at a regional level are regulated by each of the 17 autonomous regions in Spain and the autonomous cities of Ceuta and Melilla. This is a measure applicable to online and land-based operators. Free, unlimited access to more than half a million articles one-article limit removed from the diverse perspectives of 5, leading law, accountancy and advisory firms. Avenida Jaime III, 1 Primera Planta Palma de Mallorca Islas Baleares Spain. Fernando A. However, the recent change in the regional government is likely to result in the suspension of these processes and could potentially lead to a modification of the gaming regulations in a different direction. Somewhat related to the above, the most recent modification of the Spanish Gambling Act incorporated the following new types of infractions: a minor infraction consisting of the participation from Spain, through the use of Spanish territorial IP address masking techniques, in gambling activities offered through websites other than those legally authorised by gambling operators with a licence in Spain; and a serious infraction consisting of promoting or facilitating the participation from Spain in gambling activities through websites other than those legally authorised by gambling operators with a licence in Spain. Bingo halls depending on the Region : the licence may be indefinite, e. Also applicable to land-based businesses such as casinos. Three tenders have been called to date. Certain declarations must be signed by the directors and shareholders of the applicant entity ie, that they have not been convicted of a criminal offence. The processes for regional land-based licences are approved by each autonomous region and, depending on the type of licence and region, there can be limits on the number of licences available for example, licences for betting shops in the Canary Islands or the licences can be limited to one and subject to a public tender process as is the case, for example, for licences for land-based casinos. In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets pubgg.info › practice-guides › comparison The law allowed for the establishment and development of online gambling with the exception of games exclusive to the National Lottery (LAE) and Blind Charity Spanish online gambling regulations
While the intention Spanish online gambling regulations this Spannish is to Spanish online gambling regulations awareness and yambling responsible gambling among young revulations, it also comes with certain restrictions. General licence for contests, which also covers a single licence for contests. No regultaions changes have been published on this subject. The collaboration between national and international agencies demonstrates a concerted effort to maintain the integrity of sports competitions and protect the interests of legitimate bettors and the betting industry as a whole. The aim of this new regulation is to limit player deposits in a universal manner — ie, by establishing a system of deposit limits per player applicable to all operators licensed in Spain. There is no distinction made for passive investors. Online Gambling Online gambling can be offered at a federal or regional level. While the move was welcomed, it was not comprehensive and left many grey areas. Three tenders have been called to date. For the Supreme Court, this "magnitude and disproportion" constituted "an abuse that the law cannot protect". LOYRA Abogados. The gambling sector is fully committed to the detection of participation in gambling activities by minors and vulnerable groups. In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets A year later, in , the commission released the Spanish Gambling Act—new legislation that covers all gambling within the Spanish borders A Q&A guide to gaming in Spain. The Q&A provides a high level overview of the legislative framework of gambling regulation; the regulatory authorities; gambling Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the Spanish online gambling regulations
Clear Sapnish of this trend Spanish online gambling regulations the new regulation on gambling advertising gamblimg Spanish online gambling regulations online Spanish online gambling regulations licensed at regilations federal level one Consejos para ganar en casinos online the most restrictive in Europe ; further ga,bling regulations on advertising approved at the regional level; and the gamblinv of new onlinf for land-based gambling premises by a significant number of autonomous regions and regulators. Registration and homologation of each machine model is mandatory. There are certain groups of people who are restricted from gambling, among others: minors under 18 years old ; people who have been declared disabled by law or judicial resolution; and people who have voluntarily requested that their access to gambling be prohibited. Gambling regulation in Spain is divided between online gambling that is offered at a federal level, and land-based or online gambling that is offered within one region. As explained in 2. Family of British man who vanished from Spain a YEAR ago issue a fresh appeal 19 Mar, Regulators could even suspend gambling licences or seize any assets or documents related to, and needed for, the licensed activity as a precautionary measure. Articles tailored to your interests and optional alerts about important changes. Phishing Alert The DGOJ has launched a service addressed to all citizens in order for the operator to detect and communicate an attempt of activation of a user registration when the identity data provided matches the data of an individual who is registered with this service. It must be up to date with the Tax Agency and social security authorities. The DGOJ offers online operators a tool to proceed with the ID verification of their customers resident in Spain. In terms of advertising for online gambling regulated at the federal level, Articles 40 d and e of the Gambling Act state the relevant applicable infractions, which are subject to the same sanctions:. The new decree on responsible gambling which should come into force mid will only make things more complex. In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets A Q&A guide to gaming in Spain. The Q&A provides a high level overview of the legislative framework of gambling regulation; the regulatory authorities; gambling In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and The law allowed for the establishment and development of online gambling with the exception of games exclusive to the National Lottery (LAE) and Blind Charity Spanish online gambling regulations

Spanish online gambling regulations - Online gambling is regulated by Law 13/, of 27 May , on the regulation of gambling (“Law 13/”), which applies to the offering of In Spain, deposit limits for online gambling operators are set by the Gambling Act, with a daily limit of EUR, a weekly limit of EUR1, and Online gambling at the federal level is subject to the Spanish Gambling Act and a federal licence is required in order to operate online in the The offering of online gambling activities on a national level was first regulated in Spain in by means of the Gambling Act, which sets

Each regional gaming regulation — both online and land-based — approves its own sanctioning regime; however, in most of them, unlawful gaming is sanctioned with a fine of up to EUR, In addition to the fine, regulators are entitled to revoke the licence or to impose a temporary removal of the licence for a maximum of five years.

With the regulation on online gambling advertising published in and the new Royal Decree on safer gambling published in , the legal regime for online gambling at federal level is now duly consolidated, without prejudice to the forthcoming regulations that are currently being updated or developed:.

At the regional level, the most relevant pending legislation in most autonomous regions is still the regulation on advertising and responsible gambling. The regulatory authority for online gambling at the federal level is the DGOJ.

Since November , this authority has been put under the umbrella of the new Ministry of Social Rights, Consumer Affairs and Agenda prior to this, it was under the umbrella of the Ministry of Consumer Affairs for almost four years and under the Ministry of Finance before that and is competent, at the federal level, to:.

The regulatory authority for regional gambling — both online and land-based — depends on each autonomous region. These authorities are usually under the umbrella of the relevant regional departments of finance or the interior. Before discussing the approach to gambling regulation in Spain, a differentiation should be made between:.

Online gambling can be offered at a federal or regional level. Customarily, entities apply for federal licences since this way they can offer online gambling in the whole territory without having to apply for licences at a regional level.

To offer online gambling in Spain at a federal level, entities must obtain a general licence for each category of game betting, contest or other games and a single licence for each type of game included in its general licence category.

The regulatory approach to land-based gambling is based on the licensing or authorisation regime approved by each autonomous region. The requirements and conditions vary depending on the region and type of licence that an entity is interested in applying for.

Please refer to 3. Other than these, there have been no significant changes to the licensing and regulatory framework in Spain over the past year. For example, an entity that wishes to commercialise bingo, baccarat and poker will need one general licence other games and three single licences bingo, baccarat and poker.

In other words, general licences per se are not valid to offer games; to do so, the entity will also need to obtain a single licence for each type of game within its category. General licences can only be obtained through a public tender process announced by the DGOJ. Entities can apply for single licences together with the general licence or at any other time, provided that they have already been granted and still hold the relevant general licence.

Each region has competence to establish its own licences and its own licensing procedure and regime. There have been three public calls for general licences for online gambling at the federal level since the approval of the Spanish Gambling Act in in , and None of the three public tenders limited the number of operators that could be granted a licence, nor the number of licences to be granted.

In other words, all those operators that met the requirements established within the tender obtained the licence. The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The processes for regional land-based licences are approved by each autonomous region and, depending on the type of licence and region, there can be limits on the number of licences available for example, licences for betting shops in the Canary Islands or the licences can be limited to one and subject to a public tender process as is the case, for example, for licences for land-based casinos.

General licences are valid for ten years, extendable by another ten. Single licences have a minimum duration of one year and a maximum duration of five, depending on the type of gambling product, and these are also extendable by successive periods of the same duration. The expiry of the general licence that the single licence is linked to implies the expiry of the single licence as well.

The duration of licences depends on each region and type of licence. Customarily, licences are valid for ten years, extendable by another ten. Although there are differences between the application requirements for land-based operators with slight differences among the regions and online operators subject to the Gambling Act, the requirements are always divided into three sections to prove legal, economic and technical solvency.

The timing of the application process depends on the applicable regulation, type of licence and conditions approved by the corresponding public tender, if applicable. For instance, the last window to apply for general licences for online gambling at a federal level was opened for one year, with interested parties being entitled to apply for their licences between December and December The DGOJ had a term of six months from the submission of the relevant applications to issue or refuse the licences.

Initially, the licences are granted with a provisional nature. To obtain definitive licences, operators must submit the definitive certification report of the technical systems to the DGOJ within a maximum term of four months from the provisional granting.

Once the certification documentation is submitted, the DGOJ proceeds with the review and the granting of the definitive licences within a maximum term of two months.

Operators can start operating with the provisional licence. The duration of regional licences depends on each regional regulation and, if applicable, on the conditions of the public tender process. Customarily, it takes between three and six months from the submission of the application for the regulator to review and proceed with the granting of the relevant licence.

For online gambling licence applications at a federal level, entities must pay the following administrative fees:. For regional licence applications, the cost depends on the region and the type of licence applied for. For online gambling licences at a federal level, there is an annual fee of 0. Each region has its own regulation for each type of premises licensing: casinos, gaming halls, bingos and betting shops.

Therefore, the requirements for licensing depend on the premises and the autonomous region in question. Also, in some cases, casino premises for example, licensing is subject to a public tender process.

Notwithstanding the above-mentioned regional variation, in general terms the requested documentation aims to prove the legal, technical and economic solvency of the applicant. The main requirements and differences that can be identified are as follows:.

The land-based gambling sector is still implementing certain changes, with the aim of reinforcing the protection of vulnerable individuals and tightening the regulation of gambling advertising.

The main changes in this regard are as follows. This positioned the Balearic Island at the forefront of regions pioneering measures to combat gambling addiction. With the application of the new Balearic regulations, slot machines will cease to emit lights or sounds, remain dormant when not in use, and incorporate a start-up screen that will ask the user about their legal age and warn them about the potential risks of addiction associated with the game.

Included among the significant changes in this new regulation is a provision requiring a minimum distance of metres between gaming establishments and educational centres, as well as the prohibition on cash withdrawals from point of sales terminals with credit cards within the premises of gaming establishments.

On 4 July , a new Gambling Law was issued in Galicia. This law dictates that leisure and dining venues, which do not primarily serve as gaming establishments, are now limited to two recreational machines each. Bars are permitted to host type A special slot machines and type B betting machines.

Bingo halls can additionally include type B special machines, whereas casinos are allowed type C machines, which are entirely based on chance and offer larger prizes. In response to public concerns, the law has changed the distance regulations between gaming establishments and educational centres.

The required distance has been increased from metres to Notwithstanding this, it should be noted that existing gaming establishments are given a year grace period to comply, but must adhere to the new distance if relocating. Valencia, for example, mandates a metre separation between gaming halls, and an metre gap between these and educational centres.

Andalusia requires a smaller, metre distance, while Barcelona enforces a larger metre one. Recently, the Superior Court of Justice of the Valencian Community TSJCV submitted a consultation to the Court of Justice of the European Union CJEU , to evaluate whether the stipulated distances in Valencia metres between gaming halls and metres from educational centres to gaming halls possibly unfairly disadvantage private companies, and whether they comply with the principles of freedom of establishment and freedom to provide services, as defined by the European Union.

The implications are profound, with four appeals lodged by gaming sector business associations against these measures held in suspension. As a consequence of the approval of the Royal Decree on commercial communications for online gambling activities at a federal level in , most of the regions in Spain announced their intention to proceed with the adaptation of their regulations to that Royal Decree.

Valencia is the region with the most restrictive regulation on gambling advertising and, as a result, any type of gambling advertising or promotional activity has been prohibited. Spanish gambling regulation does not distinguish between B2C and B2B licences, nor between the law applicable to the operations of one operator and another.

Entities that meet the above requirements and also manage gaming platforms in which they are members, or that other gaming operators join, pooling together stakes coming from their respective users, will be considered as gaming operators and gaming co-organisers.

If a B2B operator meets the requirements established by the regulation, it is subject to licensing and, technically speaking, will be considered a gaming operator. Consequently, the inclusion of a B2B operator within the definition of a gaming operator, and its requirement to be licensed, depends on the services that said operator intends to provide within Spain, along with the conditions related to that service.

Affiliates do not need to hold a licence in Spain as long as they do not register clients or maintain an agreement or gaming account with them. The new regulation on advertising establishes a new requirement by which an operator is prohibited from using brands or trade names that are not owned by said operator or by the business group to which such operator belongs, to identify and differentiate itself from other operators.

Consequently, it may also be subject to licensing. Central to these adjustments is an array of notifications which operators are obligated to supply at specific intervals — for example, when certain predetermined thresholds or events are reached.

The key objective is to ensure that participants have access to the necessary information to formulate educated judgements ahead of time and allow them to rectify their behaviour. Additional noteworthy amendments include prohibitions placed on the aforementioned groups of participants, ranging from a ban on using credit cards to the prohibition of accessing VIP schemes and a restriction on receiving commercial communications.

The proposed modification is designed to establish a financial restriction on the cumulative deposits that an individual participant can submit across all gaming accounts associated with any of their user registries held with licenced gambling operators.

This proposal aims to enhance the protection provided to participants holding gaming accounts with multiple operators. Thus, the DGOJ will use this opportunity to revise Annex I of the Royal Decree, particularly regarding the amounts and legal form of the establishment of guarantees by gambling operators.

The period for public consultation, allowing the public to participate by offering suggestions, concluded on 16 October Draft Resolution Approving the New Data Model and Modifying Annexes I of Two Resolutions.

On 7 July , the DGOJ initiated a public consultation period on the draft Resolution approving the new Data Model and modifying Annexes I:. The purpose of these modifications is to adapt the existing Resolutions to recent regulatory changes, most notably, the Royal Decree on Gambling Advertising and Responsible Gambling, which have imposed additional obligations onto operators which could be monitored by the DGOJ, through the introduction of the necessary changes to the data model of the monitoring system.

The consultation, in which the public could participate with suggestions or concerns, concluded on 7 September On 27 April , the Spanish Council of Ministers approved the draft law regulating customer services, the main objective of which is to alleviate the deficiencies detected in the provision of this type of service by large companies and to better safeguard consumer rights.

The draft law arises from numerous consumer complaints centred around inefficient customer service, typically within larger entities.

This regulation, also foresees the possibility that small and medium-sized companies and financially struggling companies will not be affected by the regulation, as they are not the main generators of these complaints.

Notably, some online gambling operators, determined by annual income, may fall under this regulation. The draft law encourages consumer rights and establishes base-line quality standards for customer services across sectors including utility providers, transportation, postal services, conditional access to audiovisual media and electronic communications services.

Companies are expected to maintain satisfactory services to inform, handle, and resolve customer complaints. The regulation does not contain specific technical measures to protect consumers from unlicensed operators.

However, the DGOJ is entitled to request that internet service providers and financial entities adopt blocking measures within sanctioning procedures initiated against illegal operators.

In this sense, blocking access from Spanish IP addresses and payment-blocking are the most common measures. Indeed, the DGOJ has committed to continue intensifying the existing policy of domain name system DNS -blocking and monitoring payment traffic to identify the main black-market operators targeting the Spanish market.

Somewhat related to the above, the most recent modification of the Spanish Gambling Act incorporated the following new types of infractions:.

The gambling sector is fully committed to the detection of participation in gambling activities by minors and vulnerable groups. The aim of the responsible gambling requirements is to prevent and correct the negative effects of gambling through the application of different measures.

Most of the responsible gaming requirements are compulsory for online operators. The requirements for land-based operators vary by region and premises, and some land-based operators apply additional responsible gambling measures in their businesses, at their own initiative.

Key requirements include the prohibition of loans to players, the need to provide clear and accurate information to participants, accessible customer service for player complaints, and the facilitation of a customer support hotline by online operators at the federal level.

Operators are also obliged to inform players about the General Register of Gambling Access Bans RGIAJ and offer self-exclusion options.

Responsible gambling tests are also mandatory to detect potential gambling issues. As explained in 6. The regulation includes the introduction of two new subcategories within the existing grouping of vulnerable participants.

The first of these subgroups includes young participants below the age of As it pertains to young participants, net weekly losses for intensive players are those that equal or surpass EUR for three successive weeks. Other distinctive constraints introduced by the DGOJ for these vulnerable groups include a credit card usage ban for intensive players and those exhibiting risky behaviour; barring access to VIP schemes for younger and risky players and limiting the extent of commercial communication for this latter group.

This concern is expressed in the implementation of measures such as the amplification of mandatory messages that operators must send to users under various circumstances. For instance, their classification as part of a vulnerable group, information on their gambling patterns, and in-session games allow users to maintain a thorough understanding of their gambling habits, time spent playing, and money expended.

This is a deviation from the previous regime, which applied these limits solely to slot games. As detailed throughout 7. Responsible Gambling RG , Also Known as Safer Gambling SG , the Spanish authorities have created different tools for operators and citizens in order to promote responsible gambling.

Through an inscription in the RGIAJ, an individual is fully prohibited from accessing gambling activity applicable to online and land-based gambling. The register is formed of the data of citizens that voluntarily do not wish to exercise their rights to gamble and of those that are declared incapacitated by a legal ruling.

The DGOJ offers online operators a tool to proceed with the ID verification of their customers resident in Spain. Operators can also check whether the customer is registered with the RGIAJ with this tool, and whether the data provided by the customer corresponds to a minor or to individuals included in the Civil Registry as deceased.

The DGOJ has launched a service addressed to all citizens in order for the operator to detect and communicate an attempt of activation of a user registration when the identity data provided matches the data of an individual who is registered with this service.

No specific AML guidance relevant to the gambling sector is available in Spain, nor has anything been published in this regard by the DGOJ or the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences SEPBLAC.

The Spanish AML regulation establishes the instructions, proceedings and duties that online and land-based gambling operators need to apply for the prevention of money laundering. Contrary to what happens, for instance, in the UK, in Spain there is no specific regulatory or supervisory agency for advertising.

In spite of that, in the case of online gambling at the federal level, the DGOJ supervises compliance with the applicable advertising rules by the gambling operators and sanctions them if they breach those regulations.

For audiovisual communication service providers rendering services to gambling operators, the authority to launch proceedings and sanction lies not only with the DGOJ but also with the National Commission of Markets and Competence CNMC.

Gambling operators must be duly licensed by the regulator to advertise their products. According to Article 7.

The same is true at regional level. Any advertising third-party provider must confirm that its client gambling operator is duly licensed according to Article 7. Infringements in the Gambling Law fall into two categories:. Both infractions are qualified as serious infractions and are therefore subject to fines of between EUR, and EUR1 million and to the suspension of activity in Spain for a maximum period of six months.

Each autonomous region individually approves sanctions for regional land-based and online gambling. The current legislation applicable to the advertising of gambling operators — and their products — is as follows:.

The most important restriction is that gambling products can only be advertised by licensed operators. The present restrictions on gambling advertising aim to shield consumers. Marathon Bet Spain. Marca Apuestas. Mega Casino Spain. MONOPOLY Casino Spain. Mr Green Spain. Paf - Spain. PartyCasino Spain.

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Please play responsibly. Key requirements include the prohibition of loans to players, the need to provide clear and accurate information to participants, accessible customer service for player complaints, and the facilitation of a customer support hotline by online operators at the federal level.

Operators are also obliged to inform players about the General Register of Gambling Access Bans RGIAJ and offer self-exclusion options. Responsible gambling tests are also mandatory to detect potential gambling issues.

As explained in 6. The regulation includes the introduction of two new subcategories within the existing grouping of vulnerable participants. The first of these subgroups includes young participants below the age of As it pertains to young participants, net weekly losses for intensive players are those that equal or surpass EUR for three successive weeks.

Other distinctive constraints introduced by the DGOJ for these vulnerable groups include a credit card usage ban for intensive players and those exhibiting risky behaviour; barring access to VIP schemes for younger and risky players and limiting the extent of commercial communication for this latter group.

This concern is expressed in the implementation of measures such as the amplification of mandatory messages that operators must send to users under various circumstances. For instance, their classification as part of a vulnerable group, information on their gambling patterns, and in-session games allow users to maintain a thorough understanding of their gambling habits, time spent playing, and money expended.

This is a deviation from the previous regime, which applied these limits solely to slot games. As detailed throughout 7. Responsible Gambling RG , Also Known as Safer Gambling SG , the Spanish authorities have created different tools for operators and citizens in order to promote responsible gambling.

Through an inscription in the RGIAJ, an individual is fully prohibited from accessing gambling activity applicable to online and land-based gambling.

The register is formed of the data of citizens that voluntarily do not wish to exercise their rights to gamble and of those that are declared incapacitated by a legal ruling. The DGOJ offers online operators a tool to proceed with the ID verification of their customers resident in Spain.

Operators can also check whether the customer is registered with the RGIAJ with this tool, and whether the data provided by the customer corresponds to a minor or to individuals included in the Civil Registry as deceased.

The DGOJ has launched a service addressed to all citizens in order for the operator to detect and communicate an attempt of activation of a user registration when the identity data provided matches the data of an individual who is registered with this service.

No specific AML guidance relevant to the gambling sector is available in Spain, nor has anything been published in this regard by the DGOJ or the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences SEPBLAC.

The Spanish AML regulation establishes the instructions, proceedings and duties that online and land-based gambling operators need to apply for the prevention of money laundering. Contrary to what happens, for instance, in the UK, in Spain there is no specific regulatory or supervisory agency for advertising.

In spite of that, in the case of online gambling at the federal level, the DGOJ supervises compliance with the applicable advertising rules by the gambling operators and sanctions them if they breach those regulations. For audiovisual communication service providers rendering services to gambling operators, the authority to launch proceedings and sanction lies not only with the DGOJ but also with the National Commission of Markets and Competence CNMC.

Gambling operators must be duly licensed by the regulator to advertise their products. According to Article 7. The same is true at regional level. Any advertising third-party provider must confirm that its client gambling operator is duly licensed according to Article 7.

Infringements in the Gambling Law fall into two categories:. Both infractions are qualified as serious infractions and are therefore subject to fines of between EUR, and EUR1 million and to the suspension of activity in Spain for a maximum period of six months.

Each autonomous region individually approves sanctions for regional land-based and online gambling. The current legislation applicable to the advertising of gambling operators — and their products — is as follows:. The most important restriction is that gambling products can only be advertised by licensed operators.

The present restrictions on gambling advertising aim to shield consumers. The main principles include legality, honesty, identification, veracity, societal responsibility, responsible gaming, underage protection, especially enforcing restrictions during watershed hours.

Its regulation and requirements entered into force mostly throughout The most relevant restrictions implemented by this Decree applicable to the online gambling sector include:. Please note that social gaming products can generally be advertised without the restrictions applicable to gambling products.

In terms of advertising for online gambling regulated at the federal level, Articles 40 d and e of the Gambling Act state the relevant applicable infractions, which are subject to the same sanctions:. Following its entry into force, the Royal Decree on commercial communications for gambling activities was challenged before the Spanish Supreme Court by key stakeholders such as the Spanish Association on Online Gambling Jdigital , the Information Media Association and the Football League.

This article, which governs the boundaries of gambling advertising, was compared to Article The Constitutional Court is set to scrutinise the legality of Article 7. Despite the ongoing dispute, the decree remains binding.

Acquisitions and changes of control are not subject to the prior approval of the regulator. However, it should always be taken into account that if, as a result of said acquisition, any of the conditions of the operator company that were disclosed to the regulator at the time of applying for the relevant licences were affected or changed for instance, the solvency of the group, the intercompany agreements for the provision of services or the directors of the operator company , then the operator company will not only have to notify the regulator of the change of control within one month from its completion but also file the documents evidencing any of those material changes that have taken place as a result of the acquisition.

Despite the fact that a change of control does not require the prior approval of the regulator, it is always advisable to contact the regulator before completing the change of control to ascertain any possible concerns it might have regarding the transaction. Regulatory bodies are legally allowed not only to impose economic sanctions but also to revoke or suspend licences.

Regulators could even suspend gambling licences or seize any assets or documents related to, and needed for, the licensed activity as a precautionary measure. Economic sanctions may be enforced through the exercise of the relevant guarantees submitted by the operators before the regulator to cover their liabilities and potential consequences that arise as a result of a breach of their obligations as operators.

If these guarantees are not enough to cover a certain liability, the sanctions imposed by the regulator could be enforced through common civil remedies the seizure of assets, goods, shares, deposits, etc. As mentioned in On 16 November , left-wing parties were elected again in Spain.

With this, a series of changes have taken place in the government, including changes in the Ministry of Consumer Affairs, which is directly responsible for the DGOJ. First of all, it should be noted that Mr Alberto Garzón, until now Minister for Consumer Affairs, has been replaced by Mr Pablo Bustinduy.

The new Minister is known for having participated in the creation of the political party Podemos which espoused an extreme left-wing ideology and is now a sympathiser of the political party Sumar also a party of the far left. Another notable change is the disappearance of the Ministry of Consumer Affairs itself and its integration within the Ministry of Social Rights and Agenda Therefore, the DGOJ is now under the umbrella of the new Ministry of Social Rights, Consumer Affairs and Agenda For this new legislature, the programme of the Ministry foresees the approval of several laws, including the law on general contracting conditions and the law regulating customer services, which failed to be approved by the last legislature.

On this basis, no major changes are expected in the future of the Ministry and in terms of the gambling industry, as both the former and current Ministers have a similar political approach.

Barring any surprises, the current regulator at the DGOJ, Mr Mikel Arana, will be replaced in the next few months. The tax rate applicable to the land-based sector is approved by each regional regulation and therefore varies depending on the region.

As an example, in the region of Madrid, the applicable taxes are as follows:. In addition, there are fixed rates that apply to operating betting terminals or automatic appliances that are suitable for the development of games. On 16 November , left-wing parties were elected again.

Following this, a series of changes have taken place in the Spanish government, including changes in the Ministry of Consumer Affairs, which is directly responsible for the DGOJ. First of all, it should be noted that Alberto Garzón, until now Minister for Consumer Affairs, has been replaced by Pablo Bustinduy.

The new Minister is known for having participated in the creation of the staunchly left-wing political party Podemos and is now a sympathiser of the political party Sumar also of the extreme left.

Another notable change consists of the disappearance of the Ministry of Consumer Affairs itself and its integration within the Ministry of Social Rights and Agenda For this new legislature, the programme of the Ministry foresees the approval of several laws, including the law on general contracting conditions and the law regulating customer services, which failed to be approved in the last legislature.

Barring any surprises, the current regulator at the DGOJ, Mikel Arana, will be replaced in the next few months. Avenida Jaime III, 1 Primera Planta Palma de Mallorca Islas Baleares Spain. Chambers and Partners website Toggle navigation. Last Updated November 28, Expand All.

Regulatory Trends The regulatory regime for gambling in Spain is aimed at reinforcing: the protection of players; public order; and the prevention of addictive behaviour, fraud and money laundering.

Gambling Sector Growth The online gambling industry, according to the latest quarterly report Q2 issued by the Spanish gambling regulator, saw a robust 2. General Regulation Gambling regulation in Spain is divided between online gambling that is offered at a federal level, and land-based or online gambling that is offered within one region.

The following games have been regulated so far, and are therefore permitted to be offered at a federal level: pools on sports betting; fixed-odds sports betting; pools on horse racing; fixed-odds horse racing; other fixed-odds betting; exchange sports betting; exchange horse racing; other exchange betting games; contests; poker; bingo; roulette; complementary games; blackjack; baccarat; and slots.

There are some minor differences between the regions, but the following gaming products are generally approved and permitted: roulette; blackjack; boule; trente et quarante; craps; baccarat; poker; slots and other machine gaming; bingo; raffles; tombola or charity raffles; betting; sports betting; horse racing; and Wheel of Fortune.

Sector-Specific Regulation Loterías y Apuestas del Estado LAE and the National Organisation of the Blind in Spain ONCE maintain the monopoly on lotteries offered at a federal level.

Betting, poker, bingo, casinos and gaming machines are permitted and subject to licensing. There are certain differences among the regions, but the following gaming products are generally permitted: roulette; blackjack; boule; trente et quarante; craps; baccarat; poker; slots and other machine gaming; bingo; raffles; tombola or charity raffles; betting; sports betting; horse racing; and Wheel of Fortune.

Regional Legislation The key legislation for land-based and online gambling at a regional level is approved by each of the 17 autonomous regions in Spain and the autonomous cities of Ceuta and Melilla, so each autonomous region has its own Gambling Act and secondary regulations developing the Gambling Act.

There is no specific or separate definition for land-based gambling. Very serious infractions include: operating without the necessary licence; the organisation, commercialisation, exploitation or promotion of illegal games; transferring a licence without the prior consent of the relevant gaming authority; the manipulation of technical systems or the use of systems or terminals not authorised by the relevant gaming authority; the unjustified and repeated non-payment of prizes to gambling participants; and the supply of technical support to unlicensed operators.

Minor infractions include: non-compliance with the obligations contained in the applicable regulations, provided that they are not explicitly typified as serious or very serious infractions; not properly informing the public about the prohibition on participation or access for minors and persons included in the General Game Access Interdiction Register; a lack of mandatory information being provided from the operator to players; and the participation from Spain, through the use of Spanish territorial IP address masking techniques, in gambling activities offered through websites other than those legally authorised by gambling operators with a licence in Spain.

Unlawful gambling is classified as a very serious infraction at both federal and regional level. The key aspects for consideration entail the proposed amendments, allowing the location of internal control system ICS in any European country rather than exclusively in Spain, together with the reduced ICS data retention period, decreasing from six to four years.

Since November , this authority has been put under the umbrella of the new Ministry of Social Rights, Consumer Affairs and Agenda prior to this, it was under the umbrella of the Ministry of Consumer Affairs for almost four years and under the Ministry of Finance before that and is competent, at the federal level, to: issue federal licences; draft regulation; supervise games; and supervise the enforcement and sanctioning of gambling activities.

Before discussing the approach to gambling regulation in Spain, a differentiation should be made between: regulation at a federal level, which only refers to online gambling; and regulation at a regional level, which includes both online and land-based gambling.

Online Gambling Online gambling can be offered at a federal or regional level. Land-Based Gambling The regulatory approach to land-based gambling is based on the licensing or authorisation regime approved by each autonomous region.

Federal Level At a federal level, the available licences are classified as follows. General licence for betting, which covers the following single licences: pools on sports betting; pools on horse racing; fixed-odds sports betting; fixed-odds horse racing; other fixed-odds betting; and exchange betting.

General licence for contests, which also covers a single licence for contests. General licence for other games, which covers the following single licences: poker; blackjack; bingo; slots; roulette; baccarat; and complementary games.

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