🖐 Gaming in Spain - Lexology

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Spain has finally released a list which details the identity of the online gambling sites that are now fully licensed in the country. 91 licenses were issued.


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Operators licensed in EEA member states may apply for recognition of their licences in Spain through the issuance of a Spanish licence, but the.


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Asensi Abogados is a boutique law firm specialised in the gaming and gambling sector. The firm 4. Licensing and Regulatory Framework.


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Asensi Abogados is a boutique law firm specialised in the gaming and gambling sector. The firm 4. Licensing and Regulatory Framework.


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In addition to the fine, the regulator is entitled to revoke the licence, to impose a temporary removal of the licence for a maximum period of four years or to close the media through which information society services are delivered and that support the gambling activities. The Gambling Act defines online gambling as games performed through electronic channels, IT and interactive systems, when any device, equipment or system is employed to produce, store or transfer documents, data or information, including through any public or private communication network. It is important to highlight that the various formats of gambling products approved and listed above might permit different modalities both at federal and regional level for example, different modalities of blackjack, roulette, poker, etc. However, land-based gambling or online games offered at regional level in one specific or several regions require the relevant licence or authorisation from the relevant autonomous region. In both cases, administrative infractions are divided into three groups: very serious, serious and minor. Additionally, some regions have developed their regulations to approve procedures of authorisation to install physical accessory terminals, which allow participation in online games licensed at federal level in land-based premises. Therefore, this is a restricted product. This authority is under the umbrella of the Ministry of Finance and is competent to exercise the functions of issuing federal licences, drafting the regulation, supervision of games, enforcement and sanctioning of gambling activities at federal level. Instead of a specific regulation per type of game, each autonomous region approves a catalogue of games that are permitted and can be offered. Therefore, online gambling in Spain is regulated both at federal and regional level, and the applicable regulation and gambling products legally approved depend on whether these are commercialised at national level or only at regional level in one or some specific autonomous regions in Spain. There have been around 30 applicants and there are now 80 licensed operators in Spain. To offer online gambling in Spain at federal level, entities must obtain a general licence per each category of game betting, contest or other games and also a single licence for each type of game included in its general licence category. Each regional gaming regulation 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 period of five years. As previously explained, land-based gambling and online gambling at regional level is regulated by each of the 17 autonomous regions in Spain and therefore each autonomous region has its own catalogue of games approved and permitted. Customarily, licences are valid for a period of ten years, extendable by another ten. Regarding general licences for online gambling at federal level, there have been three public calls since the approval of the Spanish Gambling Act in Spain in in , and The latest window announced in December was opened up for one year and entities could apply for licences until December General licences are currently not available and can only be applied for during a public call announced for such purpose. In other words, general licences per se are not valid to offer games. If a game is not regulated or does not fit in any of the specific regulations in force, that game is not permitted. Customarily, the timing for the regulator to review and proceed with the granting of the relevant licence takes between three and six months from the submission of the application. Online gambling can be offered at federal level or at regional level. 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. Depending on the autonomous region, they can also be offered at regional level and in both cases, they are subject to licence. There are certain differences among the regions; however, the gaming products permitted are generally the following: 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. As a result of a compilation of the different regulations, the key offences can be summarised as indicated below. The Gambling Act defines gambling as an activity where amounts of money or economically measurable objects are put at risk on uncertain and future events, dependent at least to some extent on chance and that allow these sums to be transferred between the participants, regardless of whether the level of skill of the players is decisive in the results or they depend wholly or fundamentally on luck or chance. The main requirements and differences that can be identified are as follows. Initially, the licences are granted with a provisional nature. For regional licence applications, the cost depends on the region and the type of licence applied for. In other words, all those operators that met the requirements established within the tender obtained the licence. The expiry of the general licence that the single licence is linked to implies the expiry thereof. Affiliates do not need to hold a licence in Spain as far as they do not register clients, nor maintain an agreement or gaming account with them. General licences are valid for ten years, extendable by another ten. Social gaming is permitted, and these games are not subject to any licence, neither at federal nor regional level. There have been recent changes since some cities, such as Madrid and Barcelona, are implementing legislative measures to prohibit or suspend the granting of new authorisations to open gambling halls or betting shops. Through winning the correspondent public tender convoked by Coljuegos, the Colombian gaming regulator, Asensi Abogados was the official adviser for the development of the first online regulation within the Latin American Region. Although the licensing process depends on the region and type of licence to be applied for, in general terms, the requested documentation aims to prove legal, technical and economic solvency of the applicant. Land-based gambling and online gambling at regional level is regulated by each of the 17 autonomous regions in Spain. The Spanish regulation does not distinguish between B2C or B2B licences, neither between the law applicable to the operations of one operator or the other. In this sense, the General Directorate for Gambling Regulation, the authority in charge of the regulation of online gambling at federal level, has recently approved, among others, a strengthened regime for the ID verification process of players, a guidance on the management of fraud and a new service for citizens and operators in order to control identity theft. For online gambling licence applications at federal level, entities must satisfy the following administrative fees:. For instance, the last window to apply for general licences for online gambling at federal level was opened for one year and interested parties were entitled to apply for their licences between December and December The General Directorate for Gambling Regulation DGOJ had a term of six months from the submission of the relevant applications to issue or refuse them. Only charitable organisations can organise lotteries. For example, should an entity wish to commercialise bingo, baccarat and poker, it will need one general licence Other games and three single licences bingo, baccarat and poker. Betting, bingo and casino games are permitted and subject to licence both at federal and regional level.

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Given the regulatory distinction for the gambling sector in Spain, infractions and the related sanctioning regime are approved both by the Spanish Gambling Act and by each autonomous region with respect to its territory and competition.

The duration of licences depends on each region and type of licence. There have been recent legislative developments in this regard, both at federal level and in the different autonomous regions that have competences over their land-based gambling as well as online gambling developed in the relevant region.

The most relevant expected sector development both at federal and regional level — although some autonomous regions have already approved their regime — is the regulation on advertising and responsible gambling, which is specially addressed to the online gambling spanish casino license.

Fantasy sports can be offered at federal level if they fit under any of the single licences approved by the regulation.

The most relevant legislation that is pending at federal level and in most of the autonomous regions is the regulation on advertising and responsible gambling. Each region has its own regulation for each type of premises licensing: casinos, gaming halls, bingos and betting shops.

For online gambling licences at federal level, there is an annual fee of 0. At regional level, each region has competence to establish its own licences and its own licensing procedure and regime.

General licences can only be obtained through a public tender process announced by the General Directorate for Gambling Regulation. Although there are differences between the application requirements for land-based with slight differences among the regions and online operators subject to the Gambling Act, the requirements are always divided into three sections in order to prove the legal, economic and technical solvency.

The regulatory tendency in Spain is aimed at reinforcing the protection of players, public order, prevention of addictive behaviour, fraud and money laundering. On the other hand, some of the regional authorities have already approved new ID controls at the entrance of gaming halls and have regulated the minimum distances between betting shops and gaming halls, and minimum distances between these premises and educational centres.

The regulatory approach for land-based gambling is based on the licensing or authorisation regime approved by each autonomous region. Therefore, the requirements for licensing depend on the premises check this out autonomous region.

To do so, the entity will also need to obtain a single licence per each type of game within its category. Therefore, the inclusion of a B2B operator in the concept of a gaming operator, and so edd casino need for it to be licensed, actually depends on spanish casino license specific services that the operator is interested to render in Spain and the conditions on how it would do so.

The timing of the application process depends on the applicable regulation, type of licence and conditions approved by the corresponding public spanish casino license, if applicable.

With regard to regional licences, the duration spanish casino license on each regional regulation and, if applicable, on the conditions of the public tender process. The games that have been regulated so far and therefore are permitted to be offered at federal level are: 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.

Once the certification documentation is submitted, the General Directorate for Gambling Regulation proceeds with the review and granting of the definitive licences within a maximum term of two months.

The definition of the concept "gaming operator" states that an operator needs to obtain a licence in Spain if it meets the following requirements: i it wholly or partly runs a gambling activity and its incomes are linked to gross or net revenue, commissions and whatsoever any other amounts related to gaming services and, at the same time, ii it performs any commercialising gambling activity, such as determining the prizes for tournaments, managing players' rules, transactions and payment settlements, and managing the gaming platform or the registration of users.

The requirements and conditions vary depending on the region and type of licence that an entity is interested in applying for.

Games of skill do not need a licence. If any of these elements is absent, the game will be outside the scope of gambling and the gambling regulation will not apply for example, spanish casino license skill games will be excluded or prizes in virtual currency with no monetary value.

It must be noted that any interested party may request a new call for gambling licences at least 18 months after the previous call. Single licences can be applied for at any time spanish casino license entities holding the corresponding general licence.

The firm represents and advises a large number of international gaming companies with interests located within the Spanish and Latin American market.

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 regional level.

The firm mainly this web page for online companies as well as for land-based operators, suppliers and manufacturers. In addition, those meeting the requirements above that also manage gaming platforms, in which they are members, or that other gaming operators join and where they put in common stakes coming from their respective users, will be considered as gaming operators and gaming co-organisers.

The main changes in this regard are as follows. LAE and ONCE maintain the monopoly on lotteries offered at federal level and only some regions allow lottery operators. Entities can apply for single licences together with the general licence or at any other time, provided that the entity has already been granted with and holds the relevant general licence.

Online games offered at federal level require a federal licence or authorisation and entitle the holder to operate online in the whole territory.

To obtain definitive licences, operators must submit the definitive certifications report of the technical systems before the Just click for source within a maximum term of four months from the provisional granting.

From the regulatory perspective, there has been a relevant change in the spanish casino license process of customers, reinforcing the online verification procedure with a mandatory secondary verification based on documents or digital onboarding.

Spain has recently gone through a third licensing process in order to apply for general licences. Also, it must be noted that in some cases, as it is for the casino premises, licences are subject to a public tender process. It must be noted that operators can start operating with the provisional licence. None of the three public tenders limited the number of operators that could be granted with a licence, nor the number of licences to be granted. Notwithstanding that there are some minor differences between the regions, the gaming products approved and permitted are generally the following: roulette, blackjack, boule, trente et quarante thirty and forty , craps, baccarat, poker, slots and other machine gaming, bingo, raffles, tombola or charity raffles, betting, sports betting, horse racing and wheel of fortune. The prizes can be in cash or in kind, depending on the type of game. The land-based gambling sector is currently implementing certain changes with the aim of reinforcing the protection of vulnerable individuals, such as minors or people registered in the General Game Access Interdiction Register. The key legislation for land-based and online gambling at regional level is approved by each of the 17 autonomous regions in Spain and therefore each autonomous region has its own Gambling Act and secondary regulations developing the Gambling Act. The regulatory authority for regional gambling — both online and land-based — depends on each autonomous region and these 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:. For regional land-based licences, the processes 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 it is, for example, for the licences for land-based casinos. Gambling regulation in Spain is divided between online gambling that is offered at federal level and land-based or online gambling that is offered within one specific region. The communication network can include television, the internet, landlines, mobile phones or any other interactive communication system, either in real time or recorded.