Gaming Law 2023 - Spain Global Practice Guides Chambers and Partners

Spain

ASENSI ABOGADOS is a boutique law firm that specializes in the gaming and gambling fields. Our office is an agent and advisor to many international gaming companies that operate in all markets in Spain and Latin America. Our office is on behalf of major online gambling and casino operators, software providers, skill gaming operating companies, affiliates, payment solution providers, land operating companies, manufacturers, and suppliers. ASENSI ABOGADOS has an office in Madrid, Mayorka and Bogota, and has been a member of the Spanish Digital Gaming Association (JDIGITAL). In Spain, a team consisting of two partners and nine associates, and in Colombia, a team consisting of one partner and three associates is working. In our recent work, we have electronic and lan d-based licenseing processes, providing detailed advice on newl y-restricted online operators, and two busines s-friendly gaming operations in Spain. There are support for international operators in the relocation of a certain Suea and Merrilla.

All

1. Introduction

1.1 Current Outlook and Recent Changes

Regulatory trends

The gambling regulation system in Spain aims to strengthen the following:

Player protection
Public obligation
Prevention of addictive acts, fraud, money laundering.

In this sense, the tendency of protecting public health, minors, consumers, and society as a whole is the effectiveness of the Imperial Restricted Order 958/2020 on November 3, when one of the most restrictive regulations in gambling ads was approved. It has been clearly expressed and enhanced by the latest related trends in this field, the publication of the March 14 Imperial Order 176/2023, which aims to develop a more secure gambling environment. The latter rule is to provide a comprehensive framework that protects all the game participants, and establish a model that enhances protection based on its specific characteristics for specific player groups. There is.

Development of the gambling department

According to the latest quarterly reports (the second quarter of 2023) published by the Spanish Game Regulatory Office, the total income (GGR) increased 2, 75 % from the previous quarter, 312. 6 million. Recorded the euro. This is a significant increase of 55, 06%compared to the second quarter of 2022, indicating that recent regulations have recovered remarkably.

Moreover, the land-based gambling sector, which was hit hard by the COVID-19 pandemic in 2020, has also shown a deep recovery, with total bets on recreational gambling, including casinos, bingo and betting machines, reaching €12. 678 billion, an astounding 34% increase year-on-year.

2. Jurisdictional Overview

2.1 Online

General Regulation

Gambling regulation in Spain is divided into online gambling offered at federal level and land-based or online gambling offered regionally. Online gambling offered at federal level requires a federal license, which gives the holder the right to operate online gambling throughout the territory. However, land-based gambling and online gambling offered at regional level (one or more regions) require the license of the relevant autonomous community.

Online gambling in Spain is therefore regulated at both federal and regional levels, and the applicable regulations and legally approved gambling products differ depending on whether it is sold at national level or only at regional level in one or more autonomous communities of Spain.

Online gambling at the national level is regulated by the Spanish Gambling Law (Act No. 13/2011 of 27 May 2011 on the Regulation of Gambling) and each gambling product has its own regulation approved by Ministerial Decree. Each gambling product has its own regulation approved by Ministerial Decree and games that are not regulated or are not subject to the current regulation are not permitted.

The following games have been regulated so far and are allowed to be offered at the federal level:

Pools for sports betting
Fixed odds sports betting.
Other fixed odds betting
Sports betting exchanges?
Horse racing exchanges?
Other exchange betting games.
Race?
Poker?
Lottery?
Roulette?
Snap games?
Short bats tied with strings;
Baccarat? And
Slot machines
Land-based and online gambling at the regional level is regulated by the 17 autonomous communities of Spain and the autonomous cities of Ceuta and Melilla. Rather than having specific regulations for each type of game, each autonomous community adopts a list of games that can be offered.
While there are slight differences between regions, the following gambling methods are generally approved and permitted:

Roulette

Roulette?

Short bats tied with strings;
Slot machines
Baccarat?
Poker?
Slots and other machine games.
Lotteries;
Roulette?
Tombola or charity draws
Snap games?
Sports betting?
Horse racing?
And
Wheel of Fortune
It is important to emphasize that gambling products in various forms approved and listed above may be allowed in various forms, both in the federal level and regional levels (Blackjack,). Different forms such as roulette and poker).
Secto r-specific regulation

Lotías Y APUESTAS DEL ESTADO (LAE) and National Organization of the Blind in Spain (once) monopolize lottery products offered at the federal level. Only charitable organizations can organize lotteries, so it is a limited product.

Fantasy sports can be provided at the federal level if any of the single licenses adopted by regulations are adopted. Some autonomous states may be offered at the regional level. In each case, the license is eligible.

Social games are allowed, and these games are not subject to license at the federal level or at the regional level. Skill games are not subject to license because they are out of the Spanish regulations.

Betting, poker, bingo, casinos and gambling machines are allowed and needed a license.

Rae has maintained the monopoly of lotteries that once provided at the federal level, and only permits a lottery operator in a specific law.

2.2 Land-Based

As described in 2, 1 online, gambling (and online gambling at the local level) is regulated by 17 autonomous states in Spain and the sel f-government cities of Sueta and Merrilla. I have a unique list of games that have been approved. There are some differences depending on the region, but the following gambling is generally allowed:

roulette

Roulette; roulette; short bat tied by chains?

Short bats tied with strings;
Slot machines
Baccarat?
Poker?
Slots and other machine games.
Lotteries;
Roulette?
Tombola or charity draws
Snap games?
Sports betting?
Horse racing?
And
Wheel of Fortune
It is important to emphasize that gambling products in various forms approved and listed above may be allowed in various forms, both in the federal level and regional levels (Blackjack,). Different forms such as roulette and poker).
Secto r-specific regulation

3. Legislative Framework

3.1 Key Legislation

November 3rd Imperial Order 958/2020 (Real Decto 958/2020, De 3 de COMUNICICIONES COMEDICAL DE LAS ACTIVIDES DEGO )

March 14 Imperial Ordinance No. 176/2023 (Real Decto 176/2023, DE 14 de Marzo, Por Que SeaRolllan Indornos Más Seguros del Juego).

Secondary Regulations on Licenses, Authorizations and Gaming Registrations (Royal Decree No. 1614 of 14 November 2011, implementing Gambling Regulation Law No. 13/2011 of 27 May 2011 on Licenses, Authorizations and Gaming Registrations).
Secondary Regulations on the Approval of Technical Requirements (Royal Decree No. 1613 of 14 November 2011, implementing Gambling Regulation Law No. 13/2011 of 27 May 2011, relating to the technical requirements of gambling activities).
Resolutions of the General Directorate of Gambling Regulation (DGOJ).
Ministerial Decisions approving each type of game subject to a single license.
Regional Laws
Spain's 17 autonomous communities, as well as the autonomous cities of Ceuta and Melilla, have adopted a Basic Law for land-based and online gambling at the regional level, so each autonomous community has its own gambling law and secondary regulations that elaborate on the gambling law.
The Gambling Act defines gambling as an activity conducted by betting money or anything measurable in monetary terms on uncertain and future events that depend at least to some extent on chance, and which allows the exchange of these amounts between participants, regardless of whether the player's skill determines the outcome or whether the outcome depends entirely or substantially on luck or chance. Prizes can be cash or in kind, depending on the type of game.

For clarification, the definition includes three main elements: "chance", "consideration for playing" and "prize". If any of these elements are missing, the game falls outside the scope of gambling and the corresponding gambling regulations do not apply (e. g., games based purely on skill and prizes in virtual currency with no monetary value are excluded).

There is no specific or separate definition of land-based gambling.

3.2 Definition of Gambling

The Gaming Act defines online gambling as games conducted through electronic channels, computers and interactive systems in which devices, equipment or systems are used for creating, storing or transmitting documents, data or information. Communications networks include television, the Internet, landline telephones, mobile telephones or any other two-way, real-time or recorded communications systems.

Considering the distinction between the Spanish gambling category, the violation and the relevant sanctions are approved by the Spanish gambling law and the autonomy of the territory and authority.

3.3 Definition of Land-Based Gambling

In any case, administrative violations are divided into three groups: supe r-heavy crimes, heavy crimes, and light crimes. To summarize different rules, the main crimes are as follows.

3.4 Definition of Online Gambling

Very serious crimes include:

3.5 Key Offences

Open without having a necessary license;

Planning, selling, abuse, and advertising illegal games;

Transferring licenses without prior consent of gambling authorities, -Colors, operations, sales, distribution of gambling activities, -to gamble activities, organizations, distribution, arrangements, and in advance of gambling authorities Organize, distribute, or arrange license transfer without consent.

Operation of technical systems, or the use of unrelated systems and terminals that are not approved by gambling authorities.
Unjust and repeated prize money for gambling participants.
Providing technical support to unrecognized operators.
Severe violations include:
Loan to participants
Available access to gambling to people who are forbidden to participate in gambling (minors and sel f-exempted people);

Unauthorized advertisement s-Unauthorized advertisement s-Unauthorized activities

Letting the participant complaints, to provide information to the participants, and to provide information to the general public.
Do not cooperate with gambling authorities or test control; -Do not to cooperate with gambling authorities or test controls
Do not comply with the responsible gambling and player protection requirements and obligations specified in the applicable rules.
Promote or promote or promote or promote Spain's participation in gambling activities through the lega l-approved gambling operator who has acquired a license in Spain.
A minor violation includes the following:
Do not comply with the duty included in the applied rules. However, it is a condition that it is not explicitly classified as a serious or very serious violation;
If you have not properly notified the public about the participation or the prohibition of those who are not accessed by minors and gambling.

Lack of obligatory information from operators to players.

Spain is involved in gambling acts provided through a legally approved gambling company using a technology to hide the IP address in Spain.
Illegal gambling is classified as a very serious crime, both at the federal level and at the local level.
Illegal gambling is punishable under the Gambling Act with fines ranging from €1 million to €50 million. In addition to fines, regulators have the right to revoke the license of operators engaging in illegal gambling, ban gambling activities for up to four years, or close media providing information society services and supporting illegal gambling activities.
Each jurisdiction's gambling regulations adopt their own sanctions regimes for both online and land-based gambling. However, in most of them, illegal gambling is punishable with fines of up to €6 million. In addition to fines, regulators have the right to revoke licenses or impose temporary license revocations for up to five years.

3.6 Penalties for Unlawful Gambling

With the Regulation on Online Gambling Advertising to be published in 2020 and the new Royal Decree on Safe Gambling to be published in 2023, the legal regime on online gambling at the federal level has been formally consolidated, without prejudice to any further regulations to be updated or developed:

Draft Royal Decree amending Royal Decree No. 1614 of 14 November (2011) and expanding Gaming Law No. 13/2011 on licenses, authorizations and gaming registers. The main changes in this draft Royal Decree include a proposed framework to explain the overall upper limit on deposits by one user across accounts linked to multiple operators, as well as changes regarding the increase of operator guarantees related to general licenses.

Draft resolution amending Annex I of the resolution of 6 October 2014 approving the new data model and the provisions to develop technical specifications for non-control technical gambling systems, traceability and security for gambling subject to licenses granted under Law 13/ of 27 May 2011 on the regulation of gambling. Important aspects for consideration entail the proposed amendments, including:

3.7 Recent or Forthcoming Legislative Changes

At the regional level, the most relevant bill in most autonomous regions is the regulation on advertising and responsible gambling.

The regulatory authority for online gambling at the federal level is the DGOJ. As of November 2023, this authority falls under the new Ministry of Social Rights, Consumer Affairs and Agenda 2030 (previously it was under the Ministry of Consumer Affairs for about four years, and before that under the Ministry of Finance), and at the federal level it can:
issue federal licenses

draft regulations

4. Licensing and Regulatory Framework

4.1 Regulatory Authority

supervise games

and
oversee the enforcement and sanctions of gaming activities.
Regional regulatory authorities for online and land-based gaming vary for each autonomous region. These authorities are usually under the relevant regional Ministry of Finance or Interior.
Before explaining the approach to gambling regulation in Spain, it is necessary to distinguish between:

regulation at federal level, which covers only online gambling; and

4.2 Regulatory Approach

regulation at regional level, which includes both online and land-based gambling.

Online gambling
Internet gambling can be offered at the federal or regional level. Usually, operators apply for a federal license, as this allows them to offer online gambling throughout the country without having to apply for a license at regional level.

The purpose of the Gambling Law is to regulate all types of gambling carried out at the federal level, without prejudice to regional regulations, with the objectives of protecting public order, combating fraud, preventing addiction, protecting minors and protecting the rights of players.

To offer online gambling in Spain at the federal level, an entity must obtain a general license for each category of game (betting, contests and other games) and a single license for each type of game included in the general license category.

Land-based gambling

The regulatory approach to land-based gambling is based on the licensing or authorization system adopted by each autonomous community. The requirements and conditions vary depending on the region and the type of license applied for.

For developments in the gaming sector in Spain, see 3, 7 Recent or upcoming legal changes and 6, 5 Recent or upcoming legal changes. Apart from these, there have been no significant changes to the licensing and regulatory framework in Spain over the past year.

Federal level

4.3 Recent or Forthcoming Changes

At the federal level, the available licenses are classified as follows:

4.4 Types of Licences

General betting license:

Pool for sports betting

Horse racing swimming pool, pool of sports betting
1. Pools for sports betting
2. Other fixed odds betting
3. Fixed odds sports betting.
4. Sports betting exchanges?
5. General license for other games:
6. poker
Short bat
lottery
1. Roulette?
2. Slot machines
3. Snap games?
4. Supplementary game.
5. Short bats tied with strings;
6. Land-based and online gambling at the regional level is regulated by the 17 autonomous communities of Spain and the autonomous cities of Ceuta and Melilla. Rather than having specific regulations for each type of game, each autonomous community adopts a list of games that can be offered.
7. Each region has the authority to establish a unique license, its own license process and system.

Since the adoption of the Spanish Gambling Law in 2011, the publicly licensed online gambling license was opened three times in 2011, 2014 and 2017. Neither of the three open recruitments to be licensed or the number of licenses to be given is not limited. In other words, all businesses that met the conditions specified in the bid have obtained a license.

According to the Spanish rules, those who are interested in gambling licenses may request new recruitment at least 18 months after the previous recruitment.

Regional ground license procedures are approved by each autonomy, and depending on the type of license or region, there is a limited number of licensed licenses (for example, a license in the Canary Islands Betting Shop) and one license. There are cases where it is restricted and subject to a public bid procedure (for example, in the case of a ground casino license).

4.5 Availability of Licences

Online gambling at the federal level

The validity period of a general license is 10 years and can be extended for another 10 years. The validity period of an individual license is a minimum of 1 year and a maximum of 5 years, depending on the type of gambling product, and can be continuously renewed for the same validity period. The term of a general license for a single license is linked to the term of a single license.

At the regional level

4.6 Duration of Licences

The validity period of a license varies for each region and type of license. Usually, the validity period of a license is 10 years and can be extended for another 10 years.

There are differences between the application requirements for land operators (which vary slightly depending on the region) and those for Internet operators subject to gaming laws, but the requirements are always divided into three sections, which are intended to prove legal, financial and technical solvency.

According to the Spanish rules, those who are interested in gambling licenses may request new recruitment at least 18 months after the previous recruitment.

Be a corporate entity with a minimum capital and a sole corporate purpose.

4.7 Application Requirements

Having corporate documents to prove compliance with all requirements. Of these documents, both regional and federal regulators require the submission of a public official deed identifying the ultimate beneficial owner.

If the entity is not based in Spain, it must have a permanent representative in Spain.

It must also have up-to-date contracts with the tax and social security authorities.
To prove its financial solvency, it must submit a financial guarantee and provide annual accounts or other statements, rather than submitting other documents.
Other documents must be submitted, such as an anti-money laundering (AML) policy, a responsible gambling policy, a business plan, contracts with providers, and an anti-fraud manual.
The directors and shareholders of the applicant company must sign certain statements (i. e. not having been convicted of a crime).
The Spanish Gambling Law also requires the directors and shareholders of the applicant company to disclose information about their relatives (spouse, cohabitants, legitimate and descendants over 18 years of age) for inclusion in the register of persons related to the operator.
The application procedure depends on the applicable regulation, the type of permission, and the conditions approved by the related public bidding. For example, the last window to apply for an online gambling general license at the federal level was open for one year, and the officials were eligible to apply for a license between December 2017 and December 2018. DGOJ has decided whether to issue a license with a period of six months from the date of application.
Initially, permission is temporary. In order to obtain permanent permission, businesses must submit the final technical system certification report to DGOJ within a maximum of four months from the provisional permission. When the authentication documents are submitted, DGOJ will proceed with the screening and issue a final permission within up to two months. Businesses can start operations under the provisional permission.

The validity period of the regional license depends on the rules of each region and depending on the status of the public bid procedure in the appropriate cases. Usually, it takes 3 to 6 months from application of regulatory authorities to screening and licensing.

4.8 Application Timing

The following administrative fees must be paid to apply for online gambling online gambling at the federal level:

10, 615, 20 euros (for each applying to the general public and single license)

2, 653, 81 euros for each general license and single license for registration in the General Gaming License Register. And

4.9 Application Fees

On e-time fee 40. 337. 76 euros for DGOJ license bonded.

In the case of a regional license application, the cost varies depending on the type of license to apply for.
In the case of the federa l-level Internet gaming license, the annual fee of 0. 075%of sales must be paid by January 31 every year.
In the case of regional licenses, the continuous annual membership fee varies depending on the region and the type of license.

Each region has its own regulations on the types of licensing, such as casinos, gambling, bingo, and gambling fields. Therefore, the requirements for acquiring a license vary depending on the facility and the local government. Application procedure depends on the applicable regulation, type of permission, and if applicable, depending on the conditions approved by related public bidding. For example, the last window to apply for an online gambling general license at the federal level was open for one year, and the officials were eligible to apply for a license between December 2017 and December 2018. DGOJ has decided whether to issue a license with a period of six months from the date of application.

4.10 Ongoing Annual Fees

Initially, permission is temporary. In order to obtain permanent permission, businesses must submit the final technical system certification report to DGOJ within a maximum of four months from the provisional permission. When the authentication documents are submitted, DGOJ will proceed with the screening and issue a final permission within up to two months. Businesses can start operations under the provisional permission.

5. Land-Based Gambling

5.1 Premises Licensing

The following administrative fees must be paid to apply for online gambling online gambling at the federal level:

10, 615, 20 euros (for each applying to the general public and single license)

2, 653, 81 euros for each general license and single license for registration in the General Gaming License Register. And

On e-time fee 40. 337. 76 euros for DGOJ license bonded.
In the case of a regional license application, the cost varies depending on the type of license to apply for.
In the case of the federa l-level Internet gaming license, the annual fee of 0. 075%of sales must be paid by January 31 every year.
In the case of regional licenses, the continuous annual membership fee varies depending on the region and the type of license.
Each region has its own regulations on the types of licensing, such as casinos, gambling, bingo, and gambling fields. Therefore, the requirements for acquiring a license vary depending on the facility and the local government. The application procedure depends on the applicable regulation, the type of permission, and the conditions approved by the related public bidding. For example, the last window to apply for an online gambling general license at the federal level was open for one year, and the officials were eligible to apply for a license between December 2017 and December 2018. DGOJ has decided whether to issue a license with a period of six months from the date of application.
Initially, permission is temporary. In order to obtain permanent permission, businesses must submit the final technical system certification report to DGOJ within a maximum of four months from the provisional permission. When the authentication documents are submitted, DGOJ will proceed with the screening and issue a final permission within up to two months. Businesses can start operations under the provisional permission.

5.2 Recent or Forthcoming Changes

The following administrative fees must be paid to apply for online gambling online gambling at the federal level:

10, 615, 20 euros (for each applying to the general public and single license)

2, 653, 81 euros for each general license and single license for registration in the General Gaming License Register. And

On e-time fee 40. 337. 76 euros for DGOJ license bonded.

In the case of a regional license application, the cost varies depending on the type of license to apply for.

In the case of the federa l-level Internet gaming license, the annual fee of 0. 075%of sales must be paid by January 31 every year.

In the case of regional licenses, the continuous annual membership fee varies depending on the region and the type of license.

Some regions are more restrictive, others more flexible, regarding requirements such as the number of slots/terminal bets, facilities and equipment, minimum area (square meters). In some cases, such as casino facilities, licensing is subject to a public tender process.

Despite the regional differences mentioned above, the documents required generally aim to prove the applicant's legal, technical and financial solvency. The main requirements and differences are as follows:

For example, the Community of Madrid requires a company form of "SA" (equivalent to a standard PLC) for casino license applications, while the Community of Catalonia does not specify the company form for casinos and gaming halls.

6. Online Gambling

6.1 B2C Licences

Minimum capital - Most regions have a minimum capital for betting shops and casinos. For example, in Aragon and the Basque Country, the minimum capital for betting shops is 1 million euros.

Financial guarantees also vary by region and type of license. For example, the bank guarantee for casinos in Catalonia is 601. 012. 10 euros, and for gambling halls it is 60. 000. 00 euros. In the Balearic Islands, the guarantee for a gambling house is 300, 000 euros and for a gambling hall 1 million euros. In Madrid, the guarantee for a gambling house or casino is 12 million euros.

Certification report verifying compliance with technical requirements
Certificates and documents verifying legal solvency (such as articles of incorporation or company incorporation documents).
1. Certificates and documents verifying financial solvency (such as annual accounts and a certificate verifying that transactions with tax and social security authorities are up to date).
2. The land-based gambling sector continues to implement a number of changes aimed at better protecting vulnerable groups and tightening the regulation of gambling advertising. The main changes in this regard are:
3. Adoption of new regulations in the Balearic Islands, Aragon and Galicia

On April 3, 2023, the law 9/2023, which revised the conventional gambling method in the Baleares Islands, was adopted. As a result, the Valeaes Islands were positioned at the forefront of the pioneering region of gambling addiction measures. With the enforcement of the new rules of the Balearless Islands, slot machines stop emitting light or sound, they are suspended when they are not used, promotes statutory age, and warns the potential dangers of gambling addiction. A splash screen is incorporated.

6.2 B2B Licences (Suppliers, Software, Etc)

On March 23, 2023, Aragon was approved by the law 9/2023, which revised the conventional gambling law, and incorporated the same measures. An important change in this new rule is that the minimum distance between the gambling facility and the educational center is to be 500 meters, and the prohibition of cash withdrawal from the credit card sales terminal on the premises of gambling facilities. Included.

On July 4, 2023, a new gambling method was adopted in Galicia. Under this law, leisure facilities and eating and drinking facilities that do not function as gambling facilities are limited to two leisure machines, respectively. The bar is allowed to install a dedicated machine for type A (slot machine) and type B (betting machine). Bingo Hall has a Type B dedicated machine, but the casino has a Type C machine that is completely affected by luck and provides a larger prize money. In response to public concerns, the law has changed the test regulations between gambling facilities and training centers. The required distance was raised from 150 meters to 300 meters. Nevertheless, existing gambling halls have a 1 5-year grace period, but if they relocate, they must keep a new distance.

This new law has missed the opportunity because it does not directly deal with minors and attached gambling gambling in the bar, so there is no courage.

The distance between the gambling facilities and the education center On April 3, 2023, the law 9/2023, which revised the conventional gambling law in the Balareless Islands, was adopted. As a result, the Valeaes Islands were positioned at the forefront of the pioneering region of gambling addiction measures. With the enforcement of the new rules of the Balearless Islands, slot machines stop emitting light or sound, they are suspended when they are not used, promotes statutory age, and warns the potential dangers of gambling addiction. A splash screen is incorporated.

6.3 Affiliates

6.4 White Labels

This new law has missed the opportunity because it does not directly deal with minors and attached gambling gambling in the bar, so there is no courage.

6.5 Recent or Forthcoming Changes

On April 3, 2023, the distance between the Gambling Facilities and Education Center was adopted in the Baleaes Islands, which revised the conventional Gambling law, was adopted. As a result, the Valeaes Islands were positioned at the forefront of the pioneering region of gambling addiction measures. With the enforcement of the new rules of the Balearless Islands, slot machines stop emitting light or sound, they are suspended when they are not used, promotes statutory age, and warns the potential dangers of gambling addiction. A splash screen is incorporated.

On July 4, 2023, a new gambling method was adopted in Galicia. Under this law, leisure facilities and dining facilities that do not function as gambling facilities are limited to two leisure machines, respectively. The bar is allowed to install a dedicated machine for type A (slot machine) and type B (betting machine). Bingo Hall has a Type B dedicated machine, but the casino has a Type C machine that is completely affected by luck and provides a larger prize money. In response to public concerns, the law has changed the test regulations between gambling facilities and training centers. The required distance was raised from 150 meters to 300 meters. Nevertheless, existing gambling halls have a 1 5-year grace period, but if they relocate, they must keep a new distance.

This new law has missed the opportunity because it does not directly deal with minors and attached gambling gambling in the bar, so there is no courage.

Distance between gambling facilities and education center

Each region in Spain has strict regulations on the minimum distance between gambling establishments and educational institutions. For example, the Community of Valencia has set the distance between gambling establishments and educational establishments at 500 meters and 850 meters, while Andalusia and Barcelona require smaller distances of 150 meters and 800 meters, respectively. Furthermore, the Community of Madrid, through Decree No. 19/2022, amending Law No. 6/2001, regulates the proximity of gambling establishments to educational centers, setting a minimum distance of 100 meters between gambling establishments and educational centers, and 300 meters between educational centers and gambling establishments. Recently, the Superior Court of the Valencian Community (TSJCV) submitted a consultation to the Court of Justice of the European Union (CJEU) to assess whether the distances set in Valencia (500 meters from betting hall to betting hall and 850 meters from education centers to betting hall) may cause unfair disadvantage to private companies and whether they are compatible with the principles of freedom of establishment and freedom of provision of services as defined by the European Union.

Four appeals against these measures filed by trade associations in the gaming industry are pending, the outcome of which is significant. The future lies in the hands of the EU, and a ruling on the TSJCV issue is awaited.

As a result of the approval of the Royal Decree on commercial communications for online gambling at the federal level in 2020, most Spanish regions have expressed their intention to proceed with aligning their regulations with this Royal Decree. Valencia is the region with the strictest regulations regarding gambling advertising, therefore prohibiting all types of gambling advertising and promotional activities.

Spanish gambling regulation does not distinguish between B2C and B2B licenses, nor between the laws applicable to the operation of one operator and those applicable to the operation of another.

According to the definition of a "gaming operator", an operator must be licensed in Spain if it:

conducts all or part of a gaming activity, the revenue of which relates to gross or net revenues, commissions and other amounts related to gaming services; and
conducts simultaneously commercialized gaming activities, such as:

determining tournament prizes;

managing the rules, transactions and payment arrangements for players;

Management of gaming platforms or user registration

Operators who meet the above requirements and who manage gaming platforms of which they are members or in which other gaming operators participate, pooling the bets made by their respective users, are considered gaming operators and gaming co-operators.

The Spanish gaming regulation does not distinguish between B2B and B2C operators.

The regulation provides a definition of a "gaming operator". If a B2B operator meets the requirements set out in the regulation, it will be eligible for a license and will technically be considered a gaming operator.

6.6 Technical Measures

Whether a B2B operator falls within the definition of a gaming operator and whether it is a requirement for a license will therefore depend on the services that the operator itself intends to offer in Spain and the conditions associated with those services.

In practice, experience has shown that Spanish regulators understand that B2B companies only fall within the definition of a "gaming operator" in exceptional cases, such as when they offer network jackpots, provide shared liquidity or provide all gaming services to white label companies that only provide the "look and feel".

Subsidiaries do not need to hold a license in Spain, unless they register customers or maintain gaming contracts or accounts with them.
In this case, B2B operators are classified as "gaming operators", so white label arrangements in B2B scenarios are allowed, provided that the provider operating behind the site is duly licensed.

7. Responsible Gambling (RG), Also Known as Safer Gambling (SG)

7.1 RG Requirements

The new advertising regulations lay down new requirements that prohibit operators from using trademarks or trade names not owned by them or the business group to which they belong, in order to identify and differentiate them from other operators.

In addition to this, depending on the activities developed by white label operators (those who provide the look and feel), they may be classified as "gambling operators". They may therefore be subject to licensing.

Royal Decree regulating the development of safer gambling environments

Of the most relevant changes implemented by the Imperial Ordinance 176/2023 on March 14, the new category is introduced (that is, young players and intensive players). In addition to the players who take dangerous actions, these categories have become the main focus of regulators' protection measures.

At the center of such adjustments is a series of warnings that are required by businesses to provide, for example, at a specific interval, when a certain threshold or event is reached. The main purpose is to make the participants a wise judgment in advance so that they can access the necessary information to fix their actions.
Furthermore, as a notable correction point, there are prohibited items imposed on the abov e-mentioned participant groups, from the ban on credit cards to the prohibition of access to VIP systems, and restrictions on the reception of commercial communication.
Legal proposal to establish a joint deposit restriction
On September 1, 2023, DGOJ has a common deposit limit for the revision of the Immemable of Remarks, Approval, and Gaming Register Gaming Law 13/2011 (November 14). The open consultation period with a view to the introduction of the system has begun.
The proposed amended proposal is a monetary amount of the cumulative deposit that can be made to all gaming accounts related to any of the user registration held by individual participants in the approved gaming operator. The purpose is to provide restrictions. The proposal aims to strengthen the protection given to participants holding the gaming account of multiple providers.

7.2 Recent or Forthcoming Changes

Furthermore, a considerable amount of time has passed since the enactment of the Imperial Order 1614/2011, and it recognizes the need to update the specific aspect of the Imperial Order 1614/2011. Therefore, DGOJ will take this opportunity to revise the edict's attached book I, especially on the amount of guarantees and legal forms of the gaming operator.

The public consultation period, which accepts general proposals, ended on October 16, 2023.

A resolution to adopt a new data model and modify the attached book I for two resolutions

On July 7, 2023, DGOJ adopted a new data model and launched a public consultation on a resolution to correct the attached book I

In the resolution on October 6, 2014, the chance games, traceability, and security of the no n-development technical gaming system, which are given based on the Act 13/2011 on May 27, must be compliant. Approved the provisions to formulate technical specifications. and

A resolution on July 12, 2012. Article 26 and 27 of November 14's Led Order No. 1613/2011 shall expand and approve the provisions for the identification of game participants and prohibiting subjective participation.

7.3 Gambling Management Tools

The purpose of these amendments is to adapt to existing resolutions to recent regulations, especially gambling ads and responsible gambling, and this edict is by introducing the necessary monitoring system data models. , DGOJ has imposed additional duty to operators that can be monitored.

Among the number of amendments, the requirements that the storage base of ICS business data must be in Spain so that it can be installed anywhere in the EU, and the preservation period of ICS data is six years. It includes shortening to four years.

Consultation that the general public could express proposals and concerns was closed on September 7, 2023.

Law to regulate customer service

On April 27, 2023, the Customs Council of Spain, the Customer Customer Service Regulatory Law, mainly to relieve the shortcomings pointed out in this type of service by large companies and to protect consumer rights better. Approved the draft.

The law was born from many consumers, mainly inefficient customer service, and is usually covered by large companies. It is also assumed that small and mediu m-sized enterprises and companies that have suffered difficulty in management are not the main sources of complaints and may not be affected by this regulation. In particular, specific online gambling operators determined by annual sales may fall under this regulation. This law encourages consumer rights to establish basic quality standards for customer service in all fields, such as public works, transportation, postal services, conditional access to audiences, and e-communication services. Companies are expected to maintain a satisfactory service to notify, process, and solve customer complaints. A resolution on October 6, 2014 suggests a chance game, traceability, and security of the no n-development technical gaming system, which is a license given based on the Act 13/2011 on May 27. Approved the provisions to formulate the technical specifications that must be. and

8. Anti-money Laundering (AML)

8.1 AML Legislation

8.2 Recent or Forthcoming Changes

8.3 AML Requirements

Consultation that the general public could express proposals and concerns was closed on September 7, 2023.

Law to regulate customer service

On April 27, 2023, the Customs Council of Spain, the Customer Customer Service Regulatory Law, mainly to relieve the shortcomings pointed out in this type of service by large companies and to protect consumer rights better. Approved the draft.
The law was born from many consumers, mainly inefficient customer service, and is usually covered by large companies. It is also assumed that small and mediu m-sized enterprises and companies that have suffered difficulty in management are not the main sources of complaints and may not be affected by this regulation. In particular, specific online gambling operators determined by annual sales may fall under this regulation. This law encourages consumer rights to establish basic quality standards for customer service in all fields, such as public works, transportation, postal services, conditional access to audiences, and e-communication services. Companies are expected to maintain a satisfactory service to notify, process, and solve customer complaints. In the resolution on October 6, 2014, the chance games, traceability, and security of the no n-development technical gaming system, which are given based on the Act 13/2011 on May 27, must be compliant. Approved the provisions to formulate technical specifications. and
A resolution on July 12, 2012. Article 26 and 27 of November 14's Led Order No. 1613/2011 shall expand and approve the provisions for the identification of game participants and prohibiting subjective participation.
The purpose of these amendments is to adapt to existing resolutions to recent regulations, especially gambling ads and responsible gambling, and this edict is by introducing the necessary monitoring system data models. , DGOJ has imposed additional duty to operators that can be monitored.
Among the number of amendments, the requirements that the storage base of ICS business data must be in Spain so that it can be installed anywhere in the EU, and the preservation period of ICS data is six years. It includes shortening to four years.
Consultation that the general public could express proposals and concerns was closed on September 7, 2023.
Law to regulate customer service
On April 27, 2023, the Customs Council of Spain, the Customer Customer Service Regulatory Law, mainly to relieve the shortcomings pointed out in this type of service by large companies and to protect consumer rights better. Approved the draft.
The law was born from many consumers, mainly inefficient customer service, and is usually covered by large companies. It is also assumed that small and mediu m-sized enterprises and companies that have suffered difficulty in management are not the main sources of complaints and may not be affected by this regulation. In particular, specific online gambling operators determined by annual sales may fall under this regulation. This law encourages consumer rights to establish basic quality standards for customer service in all fields, such as public works, transportation, postal services, conditional access to audiences, and e-communication services. Companies are expected to maintain a satisfactory service to notify, process, and solve customer complaints.

9. Advertising

9.1 Regulatory/Supervisory Agency

The rules do not include specific technical means to protect consumers from no n-approved businesses. However, DGOJ has the right to demand the adoption of blocking measures for Internet service providers and financial providers in the forced execution procedure for illegal providers. In this sense, blocking access from the Spanish IP address and blocking payments is the most common measure. In fact, DGOJ promises to continue to strengthen the existing policies of blocking domain name systems (DNS) and monitoring payment traffic to identify the main black market operators targeting the Spanish market. There is.

In connection with the above, the latest revision of the Spanish Gambling Law incorporates the following new types:

9.2 Definition of Advertising

Spanish violations that Spain participates using the technology to mask the IP address in Spain in gambling acts provided through a website other than legally approved by gambling operators approved in Spain

A serious violation that promotes or promotes Spain's participation in gambling activities through a website other than legally approved by a gambling operator approved in Spain.

9.3 Key Legal, Regulatory and Licensing Provisions

The gambling industry is working hard to identify the participation in gambling by minors and vulnerable people. The purpose of responsible gambling requirements is to prevent gambling adverse effects and correct through various measures.

Most responsible gambling requirements are required by online operators. Requirements for lan d-based operators vary from region to area and facilities, and some Lan d-based operators take additional measures for voluntarily responsible gambling.

The main requirements include the ban on loans to players, the need for clear and accurate information to participants, eas y-t o-use customer service for players complaints, promoting customer support hotline by online operators at the federal level. Includes. Businesses also need to notify the players about the general registered registers of gambling laws (RGIAJ) and provide a sel f-exclusion option. A responsible gambling test is required to identify potential gambling addiction.

In this sense, the regulation of gambling activities requires the following:

Identification of players - operators must establish systems and mechanisms that allow the identification of game participants. This is a measure that applies to both online and land-based operators.

Default deposit amount - this is a preventive measure and a mandatory requirement for online operators at the federal level. It also applies to land-based operators such as casinos. However, the "default limit" can be reduced by the player at any time and applies immediately. It can also be increased or removed by fulfilling certain conditions. The default limits in online gambling are 600 euros per day, 1, 500 euros per week and 3, 000 euros per month.
Requirements specific to slot games, for example the minimum duration approved for slot spins in land-based terminals (for example, 5 seconds in Madrid but 3 seconds in Basque and online).

The regulations that apply to online gambling at the federal level lay down specific requirements for responsible gambling regarding matches bundled with "other gaming sessions", and players must set a session before starting, including time and amount limits to be used. Play betting products - special rules on bet amounts - these new requirements are imposed by Royal Decree 176/2023 and come into force on March 14th.

The regulations governing online gambling at the federal level also oblige operators to establish mechanisms and protocols that allow the detection of risky behavior of registered players.

9.4 Restrictions on Advertising

As explained in 6. 5 Recent or upcoming changes, the new Royal Decree 176/2023 on safer gambling environments is due to be published on March 14th, 2023.

This regulation includes the introduction of two new subcategories to the existing vulnerable group. The first subgroup includes young participants under the age of 26. The other defines an "intensive player" according to the DGOJ criteria, i. e. an individual who has made a net loss of more than 600 euros for three consecutive weeks. For young participants, the weekly net loss of an intensive player is more than 200 euros for three consecutive weeks.

Other discretionary restrictions include the prohibition of credit cards for gambling addicts and players with high-risk behaviors by the Directorate General for the Prevention of Gambling Problems (DGOJ); the prohibition of access to VIP programs for young and high-risk players, and the limitation of the scope of commercial communication to the latter group.
The regulator's main objective in formulating this regulation was to provide a framework that comprehensively protects all players, as well as an advanced model that provides users with additional tools to know their gambling habits and the options available to them. This concern is reflected in the implementation of measures such as the strengthening of mandatory messages that operators must send to users in various situations. For example, classification into vulnerable groups, information on gambling patterns, and in-session games allow users to gain a deeper understanding of their gambling habits, the time they spend on gambling, and the money they spend.
Other proactive initiatives include the introduction of a new role, the "RG Officer", tasked with overseeing the safe gambling regulations implemented by operators, the addition of a proactive action plan for operators' RGs, and the emphasis on staff training obligations on gambling safety imposed on gambling operators.
In addition, the regulation includes the regulation of the game duration with costs and time limits for all games classified as "other games", except for poker tournaments due to their specificity. This is different from the previous regime, which applied these restrictions only to slot machines.
As explained in detail in 7. Responsible Gambling (RG), also known as Safer Gambling (SG), the Spanish authorities have created various tools for operators and citizens to promote responsible gambling.
When registered in the RGIAJ, you are completely prohibited from gambling. This register consists of details of citizens who do not wish to voluntarily exercise their gambling rights and those who have been made incompetent by legal decision.
Player Verification Service
The DGOJ provides online operators with a tool to proceed with the authentication of their customers residing in Spain. Operators can also use this tool to check if their customers are registered with the RGIAJ and if the data provided by them correspond to a person listed in the Civil Registry as a minor or deceased.
Phishing notification

The DGOJ has launched a service for all citizens to allow operators to detect and notify the activation of a user registration if the identity data provided matches the data of an individual registered in this service.

In Spain, there is no specific guidance on anti-money laundering in relation to the gambling sector, nor has anything been published in this regard by the NGOJ or the Executive Unit for the Prevention of Money Laundering and Financial Crimes (SEPBLAC).

As the central state has the power to regulate AML, the main applicable AML regulations consist of Federal Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing and Federal Decree 304/2014 of 5 May, extending the regulations of the Spanish law on combating smuggling basins.

No recent changes in this regard have been published.

The Spanish AML Regulation lays down the guidelines, procedures and obligations that online and land-based gambling operators must implement to prevent money laundering.

The main requirements and obligations are:
Adopt an appropriate manual on anti-money laundering and make it available to SEPBLAC.
Application of due diligence measures under Spanish AML Law When a customer makes a transaction (either a single transaction or several related transactions) worth €2, 000 or more, either when withdrawing winnings, placing a bet, or both (e. g. online gambling operators), the operator must apply appropriate due diligence measures, conduct thorough monitoring and investigate the nature and intention of the transaction. When a customer makes a transaction (either a single transaction or several related transactions) worth €2, 000 or more, either when withdrawing winnings, placing a bet, or both (e. g. online gambling operators), or when receiving winnings or buying or selling gambling chips (land-based operators), the operator must apply appropriate due diligence measures, conduct thorough monitoring and investigate the nature and intention of the commercial transaction rather than simply verifying the identity of the customer.
For lan d-based casinos, we will confirm the identity of the person who wishes to enter the facility and confirm the documents. Record of collected documents must be stored. These facilities also have to identify individuals who are trying to make specific transactions, such as exchanging tokens and checks, loans at the request of customers, and issuing a customer prize payment certificate.
Save the records of the documents collected to comply with the Spanish AML method for 10 years, and then erase the record. For five years after the end of a business relationship with customers, only the internal management agencies of businesses, including technical prevention units and legal defenses, can be accessed to documents.
On behalf of the business, the representative is nominated before Sepblac.
Establish an appropriate internal compliance department that is responsible for the implementation of AML policies and procedures.
Report suspicious transactions and cooperate with Sepblac.
Adopting an annual employee training program that must be approved by the internal audit organization.

Receive reviews by external experts in business manuals to prevent money laundering every year.

9.5 Sanctions/Penalties

Unlike the UK, Spain has no specific regulations or supervision agencies related to ads.

However, in the case of the federa l-level online gambling, DGOJ will comply with the advertising rules applied by gambling operators, and if violated, sanctions. For audio visual communication services providers that provide services to gambling operators, the authority to start procedures and sanctions is not only in DGOJ, but also in the National Market and District Committee (CNMC).
Article 2 of the Act 34/1988 on general advertising is "for the purpose of direct or indirectly advertising advertisements (regardless of public and private) advertisements" commercial, industrial, crafts, or professional activities). It is defined as "communication of all forms to be performed". Regarding the lan d-based casino, the identity of the person who wishes to enter the facility is confirmed and the documents are confirmed. Record of collected documents must be stored. These facilities also have to identify individuals who are trying to make specific transactions, such as exchanging tokens and checks, loans at the request of customers, and issuing a customer prize payment certificate.

9.6 Recent or Forthcoming Changes

Save the records of the documents collected to comply with the Spanish AML method for 10 years, and then erase the record. For five years after the end of a business relationship with customers, only the internal management agencies of businesses, including technical prevention units and legal defenses, can be accessed to documents.

On behalf of the business, the representative is nominated before Sepblac.

10. Acquisitions and Changes of Control

10.1 Disclosure Requirements

Establish an appropriate internal compliance department that is responsible for the implementation of AML policies and procedures.

Report suspicious transactions and cooperate with Sepblac.

10.2 Change of Corporate Control Triggers

Adopting an annual employee training program that must be approved by the internal audit organization.

Receive reviews by external experts in business manuals to prevent money laundering every year.

10.3 Passive Investors Requirements

Unlike the UK, Spain has no specific regulations or supervision agencies related to ads.

11. Enforcement

11.1 Powers

However, in the case of the federa l-level online gambling, DGOJ will comply with the advertising rules applied by gambling operators, and if violated, sanctions. For audio visual communication services providers that provide services to gambling operators, the authority to start procedures and sanctions is not only in DGOJ, but also in the National Market and District Committee (CNMC).

11.2 Sanctions

Article 2 of the Act 34/1988 on general advertising is "for the purpose of direct or indirectly advertising advertisements (regardless of public and private) advertisements" commercial, industrial, crafts, or professional activities). It is defined as "communication of all forms to be performed". For lan d-based casinos, we will confirm the identity of the person who wishes to enter the facility and confirm the documents. Record of collected documents must be stored. These facilities also have to identify individuals who are trying to make specific transactions, such as exchanging tokens and checks, loans at the request of customers, and issuing a customer prize payment certificate.

On behalf of the business, the representative is nominated before Sepblac.

11.3 Financial Penalties

Establish an appropriate internal compliance department that is responsible for the implementation of AML policies and procedures.

11.4 Personal Sanctions

Report suspicious transactions and cooperate with Sepblac.

Adopting an annual employee training program that must be approved by the internal audit organization.

Receive reviews by external experts in business manuals to prevent money laundering every year.

Unlike the UK, Spain has no specific regulations or supervision agencies related to ads.

12. Tax

12.1 Tax Rate by Sector

On November 3rd Imperial Order No. 958/2020 (commercial communication for gambling activities), commercial communication is "directly or indirectly within the scope of the Act No. 13/2011 on May 27, 2011. Natural or corporate, public or private advertisements that are spread through all means and format, aimed at advertising gambling activities or organizations that perform such communication. Is defined. Sending match results and pure information is not considered a commercial communication.

The main legal regulations are divided into the following groups.
Operator license
The gaming operator must formally license from the regulatory authorities to advertise the product. According to Article 7, Paragraph 1 of the Gambling Act, the gambling operator must be a regular license from the regulatory authorities. According to Article 7, Paragraph 1 of the Gambling Act, gambling operators must have a license in order to perform gambling activities on audience, news media, and website programs (that is, each gambling license). The same is true at the regional level.
Requirements for advertising providers to receive license management

A thir d-party advertising provider must confirm that the client (gambling operator) is officially approved in accordance with Article 7, Paragraph 3 of the Gambling Act. In accordance with Article 7, Paragraph 3 of the Gambling Act, it is necessary to confirm that the client (gambling operator) has obtained a regular license. This also includes that the advertiser is legally acquiring a license from DGOJ, whether a media business or a service provider. Gambling violations are classified into the following two categories:

Unauthorized promotions, sponsorship, ads, or intermediate activities for gaming based on this law violate license conditions and existing rules, regardless of the method. And
DGOJ defaults for payment service providers, audio visual service providers, information social services or electronic communication providers, social media, or reduced services.
Since all violations are classified as serious violations, they are fines from 100, 000 to € 100, 000 to 1 million euros and suspension of activities in Spain for a maximum of six months.
Each sel f-government area adopts individual sanctions for local land bass and online gambling.

Basic law

The current laws applied to gambling companies and advertisements for their products are as follows:
General Advertising Law 34/1988, November 11th.
November 3 Imperial Ordinance 958/2020, about commercial communication for gambling acts.
January 10, 1991, Fraud Competition Prevention Law 3/1991.

On November 16, 2007 Imperial Ordinance No. 1/2007, the body of the Consumer/User Advocacy General Law and other supplementary laws.

13. Anticipated Reform

13.1 Anticipated Reform

Information Social Service and Electronic Commerce Transactions Law 34/2002 on July 11.

Viewing Communication General Law 13/2022 July 7

May 27, 2011 Gambling Law 13/2011.

Regional gambling regulations on loca l-level land and electronic gambling. And

Asensi Abogados

Code of action on commercial communication of gambling acts issued by Auto Control (Advertising Independent Regulatory Association).

Limit

The most important regulation is that advertising for gambling products can only be made by approved businesses.

Trends and Developments

Authors

The Imperial Command for Gambling's Commercial Communications, 958/2020, was introduced and enforced on November 4, 2020 after being published in the Spanish Official Gazette. The regulations and requirements were mainly enforced through 2021.

The most relevant regulations by this law applied to the electronic gambling department are as follows:

Prohibition of sponsorship for shirts and sports equipment.

Restrictions on commercial communication in audience media services from 1 am to 5 am.

Restrictions on Internet advertising excluding sites that only provide gambling or sports information.

Specific requirements for ads in social media and affiliate platforms

Prohibition of commercial communication with known public figures.

Prohibition of bonuses and welcome gourds for new customers.

Promotion offer conditions for existing customer s-These can be provided only for 30 days after registration and documents.

Limited commercial promotional communication is only permitted to existing customers, in another section of websites and apps that provides gambling activities, or only for commercial lottery game facilities. Masu. November 3 Imperial order 958/2020, related to commercial communication for gambling acts.

January 10, 1991, Fraud Competition Prevention Law 3/1991.

On November 16, 2007 Imperial Ordinance No. 1/2007, the body of the Consumer/User Advocacy General Law and other supplementary laws.

Information Social Service and Electronic Commerce Transactions Law 34/2002 on July 11.

Viewing Communication General Law 13/2022 July 7

May 27, 2011 Gambling Law 13/2011.

Regional gambling regulations on loca l-level land and electronic gambling. And

Code of action on commercial communication of gambling acts issued by Auto Control (Advertising Independent Regulatory Association).

Limit

The most important regulation is that advertising for gambling products can only be made by approved businesses.

The current regulation of gambling advertisements aims to protect consumer. The main principles include legality, honesty, identity, honesty, social responsibility, responsible gambling, protection of minors, and especially restrictions on attracting customers.

The most relevant regulations by this law applied to the electronic gambling department are as follows:

Prohibition of sponsorship for shirts and sports equipment.

Restrictions on commercial communication in audience media services from 1 am to 5 am.

Restrictions on Internet advertising excluding sites that only provide gambling or sports information.

Specific requirements for ads in social media and affiliate platforms

Prohibition of commercial communication with known public figures.

Prohibition of bonuses and welcome gourds for new customers.

Promotion offer conditions for existing customer s-These can be provided only for 30 days after registration and documents.

Limited commercial promotional communication is only permitted to existing customers, in another section of websites and apps that provides gambling activities, or only for commercial lottery game facilities. Masu. And on November 3rd Imperial Order 958/2020, related to commercial communication for gambling acts.

January 10, 1991, Fraud Competition Prevention Law 3/1991.

On November 16, 2007 Imperial Ordinance No. 1/2007, the body of the Consumer/User Advocacy General Law and other supplementary laws.

Information Social Service and Electronic Commerce Transactions Law 34/2002 on July 11.

Viewing Communication General Law 13/2022 July 7

May 27, 2011 Gambling Law 13/2011.

Regional gambling regulations on loca l-level land and electronic gambling. And

Code of action on commercial communication of gambling acts issued by Auto Control (Advertising Independent Regulatory Association).

Limit

The most important regulation is that advertising for gambling products can only be made by approved businesses.

The most relevant regulations by this law applied to the electronic gambling department are as follows:

Prohibition of sponsorship for shirts and sports equipment.

Restrictions on commercial communication in audience media services from 1 am to 5 am.

Restrictions on Internet advertising excluding sites that only provide gambling or sports information.

Specific requirements for ads in social media and affiliate platforms

Prohibition of commercial communication with known public figures.

Prohibition of bonuses and welcome gourds for new customers.

Promotion offer conditions for existing customer s-These can be provided only for 30 days after registration and documents.

The requirement that free demo games must be linked to the operator's platform, available only to registered and verified users and accompanied by documentation.

Please note that social gaming products can be advertised without the restrictions that usually apply to gambling products.

With regard to the advertising of online gambling, which is regulated at the federal level, articles 40(d) and (e) of the Gaming Law define the relevant violations and the same penalties apply:

Fines ranging from 100, 000 to 1 million euros, and

Suspension of activity in Spain for up to six months.

After coming into force, the Decree on Commercial Communications for Gambling Activities was challenged at the Spanish Supreme Court by key stakeholders, including the Spanish Internet Gambling Association (Jdigital), the Information Media Association and the Football League. This dispute led to a review of the Decree by the Spanish Supreme Court on 20 July 2022, challenging the constitutionality of article 7, paragraph 2 of the Spanish Gambling Law. This article, which provides for the restrictions on gambling advertising, was compared with Articles 53, paragraph 1 and 38 of the Spanish Constitution, which respectively impose legislative regulation and guarantee the right of free enterprise. The Constitutional Court is to review the legality of Article 7, paragraph 2, which will have a decisive impact on the validity of this Decree. However, the Supreme Court's final decision is pending the Constitutional Court's decision and is not expected to be resolved within the next year. Despite the ongoing controversy, the Decree is binding.

In addition, the General Law on Audiovisual Communications of 7 July 2010 was repealed and replaced by Law 13/2022 of 7 July 2023. This regulation is consistent with the controversial Decree's significant restrictions on commercial gambling communications.

Changes in acquisitions and control are not subject to pr e-approval by regulatory authorities. However, as a result of such acquisitions, any of the conditions of the business company disclosed to the regulatory authorities at the time of applying for a related license are affected or changed (for example, group payment capabilities and services between companies. Contracts, directors of business companies, etc.), etc., always keep in mind that the following documents need to be filed as well as not only notifying the regulatory authorities of changes in control (within one month after completion). You need it.

It is not necessary to approve of regulatory authorities in advance to change control, but it is always desirable to contact the regulatory authorities and confirm concerns about transactions before completing the change in control.

Related thresholds are determined mainly on the concept of "important" medium, and this is defined by each domestic law of a business company. For example, in the case of Spain, the listed company "important shares holding" is more than 3 % of the shares, and in the case of no n-listed companies, the shareholder can directly or indirectly control the company. be.

The "important" change of control must be reported to the regulatory authorities within one month after completion.

There is no distinction to passive investors.

Regulatory authorities are legally recognized not only for penalties, but also to cancel and suspend licenses. Regulatory authorities can suspend gambling licenses, or seize assets and documents required for licensing activities in relation to license activities as a precautionary measure.

Financial penalties may be imposed by businesses through the use of related guarantees to regulatory authorities in order to cover the duties of the business and the result of a violation of the obligations as a business operator. There is sex. If these guarantees are not enough to cover a specific responsibility, the sanctions imposed by regulators may be executed through general policy relief measures (foreclosure of assets, products, stocks, deposits, etc.). 。 Changes in acquisitions and control are not subject to pr e-approval by regulatory authorities. However, as a result of such acquisitions, any of the conditions of the business company disclosed to the regulatory authorities at the time of applying for a related license are affected or changed (for example, group payment capabilities and services between companies. Contracts, directors of business companies, etc.), etc., always keep in mind that the following documents need to be filed as well as not only notifying the regulatory authorities of changes in control (within one month after completion). You need it.

Elim Poon - Journalist, Creative Writer

Last modified: 27.08.2024

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