A general introduction to gambling law in Spain
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Gambling is a gambling activity that involves risking money or economically assessable objects on future and uncertain results that depend to some degree on chance. It is also an activity which grants prizes in cash or in kind. The existence or absence of these three elements will determine whether a certain activity should be considered as a 'gambling activity' subject to prior authorisation or licence.
In Spain, betting products, poker, casino games and lotteries are permitted, but subject to prior licence or authorisation. Lotterie games are an oligopoly in Spain and currently only two operators hold the corresponding licence. Fantasy games, e-sports games or state-owned companies are not specifically regulated in the country.
Lotteries are defined as gaming activities in which prizes are awarded in cases where the number or combination of numbers or signs agree in whole or in part with what is decided by a sweepstake or event held at a predetermined date or prior program. Lotterie are marketed in tickets, slips or any other form of participation by material, computer, telematic, or telephonic means.
A bet is a gaming activity in which money is bet on the outcome of a predetermined event. The amount of the prize is determined by the amount risked.
The two lottery operators in Spain are: ONCE and SELAE. It is illegal to commercialise lottery games not organised by SelAE or ONCES. Offshore operators are not allowed to offer gambling products in the country. Gambling matters are regulated in Spanish on a national and subnational level. There are 17 autonomous regions with their own legal capacity to regulate certain local activities. Online gambling activities are also regulated at a regional level because they are offered in more than one regional territory. The applicable legal regime varies from region to region.
The main laws and regulation of gambling matters on a national level are as follows.
A general introduction to gambling law in Spain explains the general regulations. The general rules are: Gambling Act No. 13/2011, dated May 26, Royal Decree No 1613/ 2011 of 14 November, establishing technical requirements for gaming activities, and Royal decree No 958/2020 of 3 November.
There are three main laws regarding gambling in Spain. The Gambling Act was passed on May 26, 2011. Royal Decree No. 1613/2011 established technical requirements for gaming activities and Royal decree No 958/2020 regulates commercial communication of gambling activities.
Games regulations are: Ministerial Order No. EHA/3080/2011 of 8 November, approving the basic regulations of fixed odds sports betting, Ministerian Order/EHA /3081/ 2011 of November and Ministerier Order HAP/1369/2014 of 25 July. The games regulations also include the games of baccarat, poker, bingo, supplementary games, contests and export betting.
A general introduction to gambling law in Spain. Ministerial Order No. EHA/3080/2011 of 8 November, approving the basic regulations of fixed odds sports betting. Ministerian Order E HAH/3/11/2014 of 25 July, approves the regulations on export betting and slots.
Land based gambling is a competence of each of the 17 autonomous regions of Spain. The main venues for land based betting are casinos, bingo halls, arcades and betting shops. In casinos the games permitted are roulette, blackjack, poker, thirty and forty, dice or craps, chemin de fer, and type C slot machines. Bingo salons are limited to bingos and a limited number of type B slots machines, betting stores only sports and social betting. Lottery shops or kiosks are available, but the number is limited and depends on the authorisation from the lottery operators. Remote gambling activities offered by Spanish licensed operators must be addressed to Spanish citizens or residents only. Offshore operators without Spanish licences must use an IP geo-localization system to prevent non Spanish residents accessing to their platforms.
Madrid has several laws on gambling and betting. Andalusia has a law on it. Balearic Islands have a Law on Gambling and Betting. Catalonia has Law 15/1984 of 20 March 1984 on betting in Catalonia Region. Valencia has law 1/2020 of 11 June on the regulation of gambling in the Valencian Community.
There are no restrictions of payment mechanism for gambling in Spain. The integration of the operator platform and the payment services provider has to be certified. It is forbidden for the gambling operators to provide credit or financial support to players.
The integration of the operator platform and the payment services provider has to be certified in order to guarantee the security and traceability. It is forbidden for the gambling operators to provide credit or financial support to players.
