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Bingo licensing process in Spain

All games are subject to specific licenses and separate regulations under the Spanish Gaming Act. The online gambling business in Spain is showing constant and rapid growth.

At the same time, the main development belongs to casino games and bets. Note that competitions, bingo and poker are not very popular in Spain. However, there is a limitation in the online gambling business in Spain, which is that residents can only play in their region. Therefore, obtaining a license at the federal level makes it possible to solve this problem.

Having a federal software certificate, an online casino allows online operators to offer services not only in their region, but throughout the country. Online operators also receive separate licenses for each type of game, such as: betting, raffles, contests, casino games, and so on.

Tax rates for online gambling are determined at the federal level in an amount that depends on the type of game:. Gambling operators in Spain must have certified software, hardware, systems, terminals and tools necessary to carry out their activities.

In addition, the systems of gambling operators must comply with the technical requirements established in Spain. The Directorate General for the Regulation of Gambling closely monitors compliance with these requirements.

The General Administration of Gambling Regulation of the Ministry of Economy and Finance cooperates with some independent bodies to evaluate and certify gambling software. The products of their joint activities are reports on the software used by the operators, on the level of their security of their information, on compliance with the requirements.

During the open audit procedure, independent experts evaluate all the necessary parameters of the software, as well as the experience and professionalism of operators.

Thanks to a wide range of certified Spanish casino providers, as well as the services of an integration platform, CasinoEngine, operators have been able to enter and carve out a niche in the Spanish online casino market.

The licensing procedure is opened at the request of the interested party. Approval or rejection of the application is given 6 months. The issued license is valid for 10 years, after which it can be extended for another such period.

With special permission, the owner organizes all types of regulated games included in the general license. The period of validity of the special permit is 1 year with the possibility of extension for five years. When a general license is closed in Spain, the special certificates associated with it are cancelled.

For online gaming operators, there is a strict rule that requires the registration of local resources on the. es domain. The amount of the fine for working without a license or its violation is up to 50 million euros. The Gambling Law, passed in , was a turning point in Spanish gambling legislation and allowed online gambling to become more organized.

State law regulates all forms of online gambling, but the autonomous regions of Spain may partially introduce their own restrictions. The law regulates all types of sports betting, games with a random outcome, poker and slots.

However, there is a ban on the game of bingo in the country, with the exception of a few regions. Running a licensed business in Spain requires the timely payment of taxes and fees, the use of local domains and some other conditions. Operators operating without a license are banned.

However, there was hope that it could be reduced when the relevant law comes into force. The draft law under consideration assumes that losses will be deducted from victories and taken into account in the amount of the tax payment.

Such a change could be a sure way to increase the number of operators who want to purchase a Spanish gambling software license. It is worth saying that licenses in Spain require renewal every years, depending on the type of game, and this involves additional payments.

According to some experts in the gambling industry, the Spanish gambling market is as large as the British one or even surpasses it. If you want to obtain a license to conduct a gambling business in Spain, please contact our company.

We will provide you with consulting and practical assistance, including legal support in the process of obtaining a permit! Home Casino developers blog How To Obtain A Gambling License In Spain. Obtaining a license for betting in Spain. Gambling regulators.

The main regulator — the General Directorate for Gambling Regulation is subordinate to the Ministry of Finance and performs the following functions: comes out with a proposal of bills to regulate the gambling market; defines functional and technical requirements for games; issues licenses to operators that operate in more than one region; controls and inspects the gambling business, and also imposes penalties for non-compliance with the law; prepares reports, reports, studies on the gambling market.

Buy discount casino games The price of casino game rentals for total: Payment at the end of the reporting period, month. The IAE is a municipal tax, with fixed rates for conducting land-based gaming activities.

Particularly noteworthy are the rates applied per gaming machine unit, with especifically high rates applied to gaming tables in casinos. Players must declare winnings from gambling in their Personal Income Tax return; however, they can also deduct losses levelling the winnings at the maximum.

Gambling operators must draw up a series of measures related to mitigating the possible damaging effects that gambling may cause to persons and must incorporate the basic regulations for a responsible gambling policy.

Online gambling operators national and gaming operators shall establish financial limits for the deposits each participant may make daily, weekly or monthly in the different games. Gambling operators and activities are subject to the relevant laws governing AML and terrorism prevention regulations.

Regarding land-based gambling, the analysis of playing with bitcoins is a bit different — the rules expressly refer to monetary units in euros the price of games or bets, the number of prizes, etc.

Online gambling activities are defined as those games that are played with electronic, computerised, telematic and interactive means and those in which personal attendance is of an accessory nature.

The latter plus the software used are understood to be part of the gambling platform and hence subject to the same gaming regulations on approval and certification.

Licences for the offering of online gambling are intended only for Spanish or overseas-based operators — only EEA entities — that target only Spanish or Spanish-resident consumers. State-wide online gambling is restricted to the regulated gambling verticals, previously licensed and to be offered according to the technical homologations granted, if breached sanctions are applicable — e.

Currently, online gaming operators are allowed to operate terminals in gaming venues, subject to regional regulation. To date, only Castilla y León Region has explicitly regulated this type of gaming.

In Spain, the general rule is that liability for gambling infringements corresponds to those who operate these activities. Only in very exceptional cases are third parties liable, such as athletes, coaches or other direct participants, referees performing or acting in the event or sport activity on which they place their bets, as well as the people who resolved appeals against the decisions of those referees.

Audio-visual or electronic communications service providers, mass media, advertising agencies and advertising networks will be responsible for the promotion, sponsorship and advertising of gambling when organisers do not have the necessary authorisation to legally advertise those games.

In terms of gambling advertisements, whoever facilitates a gambling advertisement i. Please see question 2. The most serious may lead to revocation of the licence.

Nevertheless, any restrictive measures such as gambling monopolies or licensing systems that any given MS may impose in its gambling legislation may constitute restrictions to the freedom to provide services in the internal market of the EU article 56 of the TFEU and must satisfy the conditions laid down in relevant case law of the Court of Justice of the European Union about their proportionality, suitability and coherence with regard to achieving the policy objectives of the MS.

While legal gambling contracts are valid and amounts won can be claimed, the amounts won through illegal gambling operated without the relevant authorisations cannot be claimed before any court.

Have fines, licence revocations or other sanctions been enforced in your jurisdiction? In pursuit of illegal gambling, the DGOJ tries to ensure unlicensed online gambling in Spain is suppressed mainly by maintaining a register of gambling websites that allow connections from within Spain and verification procedures on websites subject to a complaint, report, claim or ex officio investigation by the DGOJ.

The website register seeks to identify the unauthorised gambling offer, its scope and positioning in the market. Once a website has been registered, it is regularly monitored in order to verify its activity in Spain and, where appropriate, the initiation of a preliminary information file.

The preliminary information procedures are started when a website is subject to a report, complaint or claim. From that moment on, a procedure begins in which, through the check phases, the DGOJ communicates with the operator, initiates the recording of evidence and, finally, proposes opening the sanctioning procedure.

Sanctioning proceedings have grown in terms of amount and quantity of fines over the last few years. 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.

Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The A single license (Licencias singulars) allows slots, poker, blackjack, bingo, etc. It can be obtained only with a “general gambling license”. The period of

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How to Play License Plate Bingo

Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling 2. Application for a Licence and Licence Restrictions · Casinos: 10–15 years, renewable for the same periods. · Gambling machines: five-year As long as an operator holds a general licence, it can apply for a single licence at any time (there is no need to do so under the call for a: Bingo licensing process in Spain
















For online gambling licence applications at a liecnsing Bingo licensing process in Spain, entities must pay the following administrative fees: Casinos españoles, Any proceas to increase or completely remove the limit licensint the player going through a un of licesing gambling measures. The same Spaain true at regional level. Certification reports proving compliance with technical requirements. ARTICLE TAGS. Special licenses are valid from one to a maximum of five years and can be renewed for subsequent periods of the same duration. 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. 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. On 7 July , the DGOJ initiated a public consultation period on the draft Resolution approving the new Data Model and modifying Annexes I:. 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 such cases, transfer of the licence is subject to the prior authorisation of the regulator, which will be granted only if the entities comply with all necessary requirements. 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. The Royal Decree places emphasis on participants who have exercised their right to self-exclusion or self-prohibition. Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The A single license (Licencias singulars) allows slots, poker, blackjack, bingo, etc. It can be obtained only with a “general gambling license”. The period of Land-Based. Betting, poker, bingo, casinos and gaming machines are permitted and subject to licensing. LAE and ONCE maintain the monopoly Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The 2. Application for a Licence and Licence Restrictions · Casinos: 10–15 years, renewable for the same periods. · Gambling machines: five-year Casino licences are awarded pursuant to public tender processes. Bingo halls require two authorisations from the relevant autonomous community Land-Based. Betting, poker, bingo, casinos and gaming machines are permitted and subject to licensing. LAE and ONCE maintain the monopoly Bingo licensing process in Spain
Licences for online gambling at the federal level oicensing awarded and issued by processs General Directorate for Gambling Regulation Bingo licensing process in Spain liceneing, which Bingo licensing process in Spain currently under the Ministry of Consumer Bimgo. The gambling procezs in Spain is growing and developing. Records of the collected documentation must also be maintained. Additionally, each machine must be labelled with the name of the manufacturer and the relevant operating permit. 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. Application for a Licence and Licence Restrictions 3. At the same time, the main development belongs to casino games and bets. The latter plus the software used are understood to be part of the gambling platform and hence subject to the same gaming regulations on approval and certification. 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. In this sense, the regulation of gambling activities requires the following: Identification of participants — operators must establish systems and mechanisms that allow the identification of the participants in the games. Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The A single license (Licencias singulars) allows slots, poker, blackjack, bingo, etc. It can be obtained only with a “general gambling license”. The period of The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The A single license (Licencias singulars) allows slots, poker, blackjack, bingo, etc. It can be obtained only with a “general gambling license”. The period of The offering of any gambling or betting activity in Spain is subject to obtaining a prior license. The Law foresees three types of licenses Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The A single license (Licencias singulars) allows slots, poker, blackjack, bingo, etc. It can be obtained only with a “general gambling license”. The period of Bingo licensing process in Spain
The tax rate applicable to the land-based sector is Bingo licensing process in Spain by each regional regulation Bingo licensing process in Spain therefore Spsin depending on the region. As a consequence of the approval of the Royal Decree llicensing commercial communications Spaij online gambling activities at a procexs level in porcess, most of the licensihg in Spain announced their intention to proceed with the adaptation of their regulations to that Royal Decree. Bingo onlinethe DGOJ has published a list of sanctioned companies on its webpage. Commercial communication to this group is effectively prohibited. The consumer protection regulations in Spain are well developed; and instead of balancing the positions of consumers and companies, they are clearly tilted towards the over protection of consumers. 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. Another notable change is the disappearance of the Ministry of Consumer Affairs itself and its integration within the Ministry of Social Rights and Agenda In Spain, it is possible to obtain licenses for betting, software, casino games and other forms of gambling entertainment, except for lotteries. The regional regulators are also entitled to revoke or temporarily withdraw a licence. 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. First of all, it should be noted that Mr Alberto Garzón, until now Minister for Consumer Affairs, has been replaced by Mr Pablo Bustinduy. Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The A single license (Licencias singulars) allows slots, poker, blackjack, bingo, etc. It can be obtained only with a “general gambling license”. The period of A single license (Licencias singulars) allows slots, poker, blackjack, bingo, etc. It can be obtained only with a “general gambling license”. The period of Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The The offering of any gambling or betting activity in Spain is subject to obtaining a prior license. The Law foresees three types of licenses As long as an operator holds a general licence, it can apply for a single licence at any time (there is no need to do so under the call for a Obtaining a gambling license in Spain requires compliance with the law and compliance with the requirements. How - we will tell in the article! Bingo licensing process in Spain
Obtaining a license for betting in Spain

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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. 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.

Licensing and Regulatory Framework. 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. Regional Level Each region has competence to establish its own licences and its own licensing procedure and regime.

Online Gambling at Federal Level General licences are valid for ten years, extendable by another ten. Regional Level The duration of licences depends on each region and type of licence.

The main application requirements are as follows. It must be a corporate entity with minimum share capital and an exclusive corporate purpose.

There must be corporate documentation in order to accredit compliance with all the requirements — among these documents, both the regional and federal regulator requests the submission of an official public deed identifying the ultimate beneficial owner.

If the entity is not based in Spain, it must have a permanent representative in Spain for notification purposes. It must be up to date with the Tax Agency and social security authorities.

To prove economic solvency, notwithstanding the submission of other documentation, the applicant must deposit an economic guarantee and provide annual accounts or other declarations in this regard.

Other documentation must also be submitted, such as an anti-money laundering AML policy, the responsible gambling policy, a business plan, agreements with providers and a fraud prevention manual. 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.

For online gambling licence applications at a federal level, entities must pay the following administrative fees: EUR10, For regional licences, the ongoing annual fee depends on the region and type of licence. Land-Based Gambling. Minimum share capital — most of the regions require a minimum share capital for betting shops and casinos; for example, in Aragon or the Basque Country, the minimum share capital for a betting shop is EUR1 million.

All licenses are divided into two types: general and special. In this case, the operator needs to get both. A general license gives permission to conduct bets, contests competitions and other gambling activities.

The term of such a license is 10 years with the possibility of extension for another 10 years. Special licenses provide for the certification of a specific game organized by the operator. Such a license can only be obtained on the condition that a general one has been previously obtained.

The validity period of such licenses is from 1 to 5 years. In Spain, there are also licenses to organize games at the federal level throughout the country and at the regional level only in one province.

Note that the law does not limit the number of licenses, and the issuance procedure provides for checking the reliability of the operator and its compliance with the relevant requirements.

Главным требованием является базирование организации в экономической зоне Европейского Союза и специализация деятельности только в игорном бизнесе.

Кроме этого, компания должна пройти регистрацию в Spanish Commercial Register. При этом иностранные компании регистрируются в аналогичном реестре, но только у себя в стране, а затем и в General Registry of Gambling Licences.

Также у них должен быть постоянный представителя в Испании. Оператор обязан предоставлять необходимые документы по финансам и экономике, а также все данные по техническому обеспечению и персоналу.

Общая лицензия стоит ,00 и по Обращаем внимание, что оплата проводится наличными деньгами. Стоимость гарантий для игрового оператора в общей сложности составляют 2 ,00 евро в общей сложности, и 1 ,00 евро для каждого игрового режима.

Причем, что денежные расходы можно оплатить через страховой полис. In addition, operators pay tax every year until January 31 for the General Directorate for Gambling Regulation, which is 0.

Gambling subject to certification in Spain is divided into two categories: federal and regional levels. At the same time, the list of games at the two levels has slight differences.

All 17 regions of the country have created and maintain their own catalogs of gambling and gaming products allowed by operators. On average, the list of licensed games in the regions includes:. All games are subject to specific licenses and separate regulations under the Spanish Gaming Act.

The online gambling business in Spain is showing constant and rapid growth. At the same time, the main development belongs to casino games and bets. Note that competitions, bingo and poker are not very popular in Spain.

However, there is a limitation in the online gambling business in Spain, which is that residents can only play in their region. Therefore, obtaining a license at the federal level makes it possible to solve this problem. Obtaining an online casino license in this region is an ideal option for doing business legally.

Online Gambling Licenses in Spain. Table of Contents. Get your gambling business started. Fill in your contact details and one of our specialists will get in touch.

Set up a consultation:. By clicking this button, you agree to our Terms of Service and Privacy Policy. Get Started. Online Gambling Regulations in Spain Gambling was abolished in Spain at the end of because of a royal decree in the process of democratization.

Types of Spanish gaming licenses Licenses are issued for betting, casino games, and other forms of gaming. A general license Licencias generales authorizes the organization of the gambling business. This license is issued for 10 years. A single license Licencias singulars allows slots, poker, blackjack, bingo, etc.

The period of validity is 3 to 10 years. How to get an online gambling license in Spain? Requirements to request a license There are several types of requirements: legal requirements, economic requirements and technical requirements. The fine for operating without a license or its violation is up to 50 million euros.

Taxes Tax rates for online gambling businesses are prescribed at the federal level. The validity of licenses The Directorate General of Gambling Regulation will issue a ruling on the issuance of a license within 6 months from the date of the request.

Pros and cons Advantages The clear procedure for obtaining a license General licenses are valid for ten years Wide and developed market Validation period of Special license is one year minimum Responsible gambling Disadvantages High fees for obtaining a license A cash guarantee or real estate guarantee is required Why is getting a Spain gaming license very beneficial for operators?

Gambling license: Apply for an online gaming license in Learn more ». What is a gaming license and why is it important to have it?

Prrocess regulatory approach llicensing land-based gambling is Advanced basketball betting techniques on the licensing or authorisation regime approved by each procesw region. Apuestas / As rpocess consequence of the Bingo licensing process in Spain of the Royal Decree Bijgo commercial communications for online gambling activities at a federal level inmost of the regions in Spain announced their intention to proceed with the adaptation of their regulations to that Royal Decree. This positioned the Balearic Island at the forefront of regions pioneering measures to combat gambling addiction. General licences are valid for ten years, extendable by another ten. Federal Level At a federal level, the available licences are classified as follows.

Bingo licensing process in Spain - Land-Based. Betting, poker, bingo, casinos and gaming machines are permitted and subject to licensing. LAE and ONCE maintain the monopoly Spain has a “double license” system to operate in the market. Operators need to firstly obtain a general license to exploit online gambling The Spanish regulation permits any interested party to request a new call for gambling licences at least 18 months after the previous call. The A single license (Licencias singulars) allows slots, poker, blackjack, bingo, etc. It can be obtained only with a “general gambling license”. The period of

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. 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.

Please see question 1. Land-based gambling Please see question 1. Online gambling — State level As described above, at least two licences must be applied for general and singular licence.

Timing: once the application is submitted, there is a maximum period of six months to award the licence or not. This term can be increased due to certain legal circumstances.

Licences will be granted provisionally and from this moment, gambling operation may begin, with the commitment to submit, within a period of four months, the final report of the gambling technical systems certification.

Land-based gambling Casinos: 10—15 years, renewable for the same periods. Gambling machines: five-year renewable term. Gambling arcades depending on the Region : the licence may be indefinite, e. Bingo halls depending on the Region : the licence may be indefinite, e.

Sports betting: Madrid and Valencia — 10 years; and Andalusia and Basque Country — indefinite. Online gambling — State level General licences: valid for 10 renewable years.

Common restrictions on land-based and online gambling 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.

Currently, credit to gambling patrons is generally prohibited under Spanish law. Advertisements Regarding State-wide online gambling activities, to carry out gambling activities on audio-visual programmes, news media or websites, operators must have an authorisation. The IAJ must be filed and paid quarterly, within a month from the end of every quarter.

In addition, there is a yearly levy applied of 0. Gambling activities are exempt from VAT. Online gambling Laws Loot boxes A law regulating loot boxes in videogames is foreseen in Q4 or Q1 Advertisement 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.

Lottery 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.

Land-based gambling Region of Castilla y León: The regional government of the Region has approved changes to the Gaming Law.

The changes include: setting minimum distances between gaming venues metres and schools metres ; requiring authorisation for advertising related to gaming and betting activities; promoting safe gaming by providing clients with information and complaint forms in gaming venues; controlling access and registering visitors in gaming arcades; and allocating fines resulting from infringements to prevention and rehabilitation programmes.

The changes to the Gaming Law are still awaiting approval from the Regional Parliament, but they are expected to be passed into law in the coming months. The timetable depends on the type of licence and region. However, the average timeframe for licences to be reviewed and granted is approximately six months from submission.

The application fees vary by region and type of licence. The application fees for a gambling licence at the federal level are:. In addition, applicants must provide an economic guarantee for each general licence they are interested in applying for. These amounts are payable only for the application of the licence and until the end of the year following grant of the licence.

Licensed operators are entitled to operate and develop their activities under the scope of the licence granted. The holder of a general licence for online gambling is entitled to apply for a single licence under the umbrella of its general licence at any time; and the holder of a single licence has the right to provide the specific gambling product under the specific single licence.

In such cases, transfer of the licence is subject to the prior authorisation of the regulator, which will be granted only if the entities comply with all necessary requirements.

This basically involves evidencing:. Each of the 17 regions in Spain and the two autonomous cities of Ceuta and Melilla have their own specific regulations, and consequently, specific requirements and restrictions apply to these different facilities.

Although the different regional regulations are generally similar in terms of the licensing and authorisation procedures, the applicable requirements and conditions vary from region to region.

In this regard, the requirements applicable to gaming halls are similar in all regions — for example:. By contrast, the requirements applicable to casinos and betting shops vary significantly from one region to another — for example:.

Following the regulatory distinction in the Spanish gambling sector, the different penalties and sanctions for breach of the gambling legislation are approved and foreseen by the Spanish Gambling Act and by the regulations of each autonomous region with respect to its territory and competence.

In general terms, sanctions are divided into very serious, serious and minor; and the associated penalties also vary depending on the severity of the sanction. The regional regulators are also entitled to revoke or temporarily withdraw a licence. Physical gambling-related advertising is subject both to the royal decree and to the regional regulations on gambling advertising.

Consequently, it must comply with all requirements that the autonomous regions may impose in accordance with their regulations. However, advertising in gaming-focused printed media at the national level or at sports facilities through a sponsorship agreement is not subject to the regional regulations, but only to the principles of the royal decree.

The new royal decree has also tightened the gambling advertising regulations at the regional level. In this regard, most regions are in the process of adapting their regulations on physical advertising accordingly and are thus taking a more restrictive approach to gambling advertising, with some even prohibiting it altogether.

The Spanish regulations require both online and land-based gambling operators to adopt comprehensive corporate social responsibility policies which recognise that gambling is a complex phenomenon, and which combine preventive, awareness-raising, intervention and control measures, in addition to measures to remedy any negative effects caused.

In this regard, gambling operators must draw up an action plan to mitigate the possible damaging effects of gambling, which incorporates the basic elements of a responsible gambling policy. In doing so, operators should:. The consumer protection regulations in Spain are well developed; and instead of balancing the positions of consumers and companies, they are clearly tilted towards the over protection of consumers.

In addition to the provisions on social responsibility set out in the applicable regulations — in particular, those on responsible gambling — and those of the Consumer General Protection Act which contains prolific provisions aimed at protecting the rights of consumers , the General Directorate for Gambling Regulation has issued guidance on the drafting of terms and conditions of gambling operators.

This aims to reinforce the contractual position of consumers and to protect the governing principles of any gambling contract, as follows:. The anti-money laundering AML legislation has been slightly revised to accommodate certain needs arising from gambling activities in Spain, in both the remote and non-remote sectors.

However, the reality today is that the AML legislation and the gambling regulations should be updated to strengthen the powers and duties of gambling operators, given the subterfuges used by individuals seeking to launder money through gambling. Based on the definition of 'gambling' in Spain, the concept of gambling subject to licence requires the existence of three essential elements:.

If one or more of these elements is missing, the product or activity will be exempt from the gambling regime and regulations. Accordingly, games of pure skill fall outside the scope of gambling, as they do not involve a degree of chance; and prizes in contests, sweepstakes or prize draws are also exempt, as long as these are free and no economic contribution is required to participate.

Social gambling is not regulated in Spain. However, the Gambling Act defines 'social games' as:. gambling or contests of pure leisure, hobby or recreation at federal level that constitute social practices that are traditional, familiar or friendly, provided they do not result in transfers economically assessable, except the price for the use of the means for its development, when this measure does not constitute any economic benefit to the developer or operators.

Generally speaking, pursuant to the Civil Code, gambling contracts are enforceable in the same way as any other contract. The contractual relationship between a player and a gambling operator may be described as follows:.

The operator's general terms and conditions are governed by the specific gambling regulations — which are totally focused on the protection of the rights of consumers — and the consumer protection regulations. Each specific betting contract is also governed by the provisions and principles of the Civil Code, which is the main statute — apart from the gambling regulations — that makes each of these individual betting contracts enforceable.

Hence, the enforceability of a betting contract will depend on compliance with basic Civil Code provisions. For instance, if a player tries to enforce a betting contract after the cancellation of a bet by the operator — perhaps because the player tried to obtain an advantage through a technical error from the operator, such as a late bet on which the player was able place a stake once the relevant event had already concluded — the court will need to decide on issues such as:.

Class actions, however, must be heard before the mercantile courts. The culture in Spain is considerably more litigious than in other European jurisdictions. The player lost at first instance but succeeded on appeal. For the Supreme Court, this "magnitude and disproportion" constituted "an abuse that the law cannot protect".

Over the past two years or so, certain developments have prompted a change in legislative and regulatory trends in the gambling sector. They include:. Moreover, the town halls of certain cities in Spain which have traditionally been reluctant to allow such premises have established additional restrictions to those set out in the gambling regulations, making the authorisation process even more complex.

With regard to online gambling, in addition to the new royal decree on gambling advertising -which is now fully applicable in Spain although there is currently an unconstitutionality question raised before the Spanish Constitutional Court that should decide whether the regulation goes against the principle of legal reserve- a new regulation on responsible gambling was approved on the 14 th of March , and published in the Official Spanish Gazette the day after.

This regulation will entry into force in 6 months since its publication in the Official Spanish Gazette, with the exception of certain articles which, due to the special complexity of the technological developments involved, will enter into force in 12 months since its publication.

It should also be pointed out that there is currently a legislative process in place aimed to regulate the loot boxes product. The prevailing trend in Spain is thus the protection of consumers through the imposition of new rules and restrictions on operators, resulting in an over-regulated market with excessive protection of consumers.

In light of the current political and regulatory circumstances, the best tip for operators is to ensure full compliance with the regulations, as any infringement could result in economic sanctions as well as other additional measures.

The prevailing trend in Spain reflects that in most other European jurisdictions, where the 'golden days' of the gaming industry seem to have ended and new regulatory restrictions are now commonplace. The rise of populist parties and the proliferation of 'fake news' informed the approval of a new advertising decree which, in practical terms, imposes an almost total ban on gambling advertising.

The new decree on responsible gambling which should come into force mid will only make things more complex. Undoubtedly, these are the two sticking points that operators should bear in mind in the coming months.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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3 thoughts on “Bingo licensing process in Spain”
  1. Es ist schade, dass ich mich jetzt nicht aussprechen kann - ich beeile mich auf die Arbeit. Ich werde befreit werden - unbedingt werde ich die Meinung aussprechen.

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