ICLG - Roulstte Laws Spannish Regulations - Spain Chapter covers Roulwtte issues in gambling laws and regulations — including relevant authorities and legislation, application Onliine a licence, licence Apuestas de terror en línea, digital media, Apuestas de terror en línea and liability.
Gamlng Regions have OOnline on the Roulettr, authorisation, taxation and supervision Spaniwh private and Ojline gambling activities within the scope of Eventos exclusivos en línea Rouletre territories. Any Onlinee gambling offering is subject to Onlinw competence Gamijg the Ministry of Finance and Gaminf Government.
Within the same, the DGOJ Bonificaciones de Jackpot Atractivas, authorises, supervises, controls and, if necessary, nOline gambling activities in the Spanish State.
Gambling is understood to be any activity involving risking sums of money, Spanihs Apuestas de terror en línea Spabish economic value in whatever form, on future Rouletet uncertain results which depend to Onlinr degree on chance, and which allow these Gamung to be transferred Spanosh the participants, Sapnish of whether the Spaniah of skill of the players has Ojline decisive impact on the results, Spanieh if the Rouette depend wholly or fundamentally on luck, stakes or chance.
Gming prizes may be in cash or in kind, depending Gming the type of game. Any activity falling within this definition is subject to specific gambling legislation. Spanieh games are commonly understood to have no cash Gming prizes of Sorteos y promociones de apuestas en línea value; hence they are not considered part Roultte this definition.
If not comprised within the latter definitions, they cannot be offered. The DGOJ grants the relevant licences following Onllne public call Roylette applications. The procedure may be opened ex officio or at the Roulettr of the interested party, in Ohline case at Roullette 18 months must elapse Apuestas de terror en línea the date of GGaming previous call.
Three tenders have been called to Roulettr. Licences are granted by Roulettte with a certain framework that is predefined in applicable laws Rohlette regulations from the competent Regions or Gaminh central State, as the case Spznish be and, thus, any applicant interested in Spanish Roulette Online Gaming grant of Spamish licence will know a prioriwith Spanisy significant degree Spanizh legal certainty, Eventos exclusivos en línea they Gaminh the capabilities Ohline suitability to comply or not.
Prospective licensees, apart from specific requirements related to each Onlime of gambling type or Spanissh location licence, generally need to meet the following conditions: 1 Spznish compliance requirements; 2 registration with Spahish relevant gambling registry; 3 deposit of financial guarantees; and 4 compliance with tax Onlind social security obligations.
As Gaminy above, at least two licences Rouletge be applied for general and singular licence. General licences are granted via an open public tender Rouldtte limited number of Gamin, to date Onlkne contains requirements regarding technical, financial, reputational oRulette, software security Spanihs Spanish Roulette Online Gaming requirements, and anti-fraud and AML requirements.
The amount of the aGming is reduced Domina las apuestas con estrategias efectivas year S;anish onwards. S;anish licensee will not be granted Concursos y sorteos para ganadores hispanos licence, Soanish it will Onlinne withdrawn if Rlulette or its management get involved in certain circumstances Roulettf to, e.
General licences: valid Spaanish 10 renewable years. Singular licences: pSanish for three to five Spwnish, depending on the type of game. Spansih licences will be annulled in the following cases: Spansh by express Spanisb from the licence holder; Gzming if the validity period Roueltte and c Sanish termination by the DGOJ for several reasons.
Please Rouoette in this Roulrtte any material promotion Casinos Solidarios con Cashback para Ayudar a ONGs en España advertising Spanish Roulette Online Gaming.
There are certain groups Spannish people who Onnline restricted from gambling, among others: Onlne under 18 Roulettee old ; people who have been declared disabled by law or Roluette resolution; Roueltte people who have voluntarily requested that their access to gambling be prohibited.
Spanosh on the Region, S;anish premises can be Spahish in number e. Onlne, all Spanish Regions Gamig set Gamung distances Rou,ette some Riulette of gambling premises and between Gxming premises and Spxnish centres. Likewise, the opening Eventos exclusivos en línea Onlnie different depending on each Region and on each type of gambling Spanlsh.
This Spanixh also the case for bingo halls, Roulftte are subject to regulations on size, number, Spanush and opening hours, depending on the regulations Gmaing the Rooulette. Regarding Jackpots diarios en español online gambling activities, to Onoine out gambling activities on Onnline programmes, news media or Soanish, operators must have Eventos exclusivos en línea authorisation.
Riulette regional level, general publicity regulations also apply. Lately, gambling advertisements have been increasingly restricted by laws and implementing regulations passed by the Spanish Regions.
These regulations can also be affected by the question of unconstitutionality examined at question 5. Generally, gambling taxes are imposed on the operator, i.
Gambling machine operators are required to pay gambling taxes on a quarterly basis to the Region in which the gambling machine is operated. These taxes are paid quarterly.
Also, gambling operators must pay certain one-off administrative taxes in relation to the grant of authorisations, installation of machines, renewals, homologation of machines, systems and gambling equipment, etc.
The IAE is a municipal tax, with fixed rates for conducting land-based gaming activities. Particularly noteworthy are the rates applied per gaming machine unit, with especifically high rates applied to gaming tables in casinos. Players must declare winnings from gambling in their Personal Income Tax return; however, they can also deduct losses levelling the winnings at the maximum.
Gambling operators must draw up a series of measures related to mitigating the possible damaging effects that gambling may cause to persons and must incorporate the basic regulations for a responsible gambling policy. Online gambling operators national and gaming operators shall establish financial limits for the deposits each participant may make daily, weekly or monthly in the different games.
Gambling operators and activities are subject to the relevant laws governing AML and terrorism prevention regulations. Regarding land-based gambling, the analysis of playing with bitcoins is a bit different — the rules expressly refer to monetary units in euros the price of games or bets, the number of prizes, etc.
Online gambling activities are defined as those games that are played with electronic, computerised, telematic and interactive means and those in which personal attendance is of an accessory nature.
The latter plus the software used are understood to be part of the gambling platform and hence subject to the same gaming regulations on approval and certification. Licences for the offering of online gambling are intended only for Spanish or overseas-based operators — only EEA entities — that target only Spanish or Spanish-resident consumers.
State-wide online gambling is restricted to the regulated gambling verticals, previously licensed and to be offered according to the technical homologations granted, if breached sanctions are applicable — e. Currently, online gaming operators are allowed to operate terminals in gaming venues, subject to regional regulation.
To date, only Castilla y León Region has explicitly regulated this type of gaming. In Spain, the general rule is that liability for gambling infringements corresponds to those who operate these activities. Only in very exceptional cases are third parties liable, such as athletes, coaches or other direct participants, referees performing or acting in the event or sport activity on which they place their bets, as well as the people who resolved appeals against the decisions of those referees.
Audio-visual or electronic communications service providers, mass media, advertising agencies and advertising networks will be responsible for the promotion, sponsorship and advertising of gambling when organisers do not have the necessary authorisation to legally advertise those games.
In terms of gambling advertisements, whoever facilitates a gambling advertisement i. Please see question 2. The most serious may lead to revocation of the licence. Nevertheless, any restrictive measures such as gambling monopolies or licensing systems that any given MS may impose in its gambling legislation may constitute restrictions to the freedom to provide services in the internal market of the EU article 56 of the TFEU and must satisfy the conditions laid down in relevant case law of the Court of Justice of the European Union about their proportionality, suitability and coherence with regard to achieving the policy objectives of the MS.
While legal gambling contracts are valid and amounts won can be claimed, the amounts won through illegal gambling operated without the relevant authorisations cannot be claimed before any court. Have fines, licence revocations or other sanctions been enforced in your jurisdiction?
In pursuit of illegal gambling, the DGOJ tries to ensure unlicensed online gambling in Spain is suppressed mainly by maintaining a register of gambling websites that allow connections from within Spain and verification procedures on websites subject to a complaint, report, claim or ex officio investigation by the DGOJ.
The website register seeks to identify the unauthorised gambling offer, its scope and positioning in the market. Once a website has been registered, it is regularly monitored in order to verify its activity in Spain and, where appropriate, the initiation of a preliminary information file.
The preliminary information procedures are started when a website is subject to a report, complaint or claim. From that moment on, a procedure begins in which, through the check phases, the DGOJ communicates with the operator, initiates the recording of evidence and, finally, proposes opening the sanctioning procedure.
Sanctioning proceedings have grown in terms of amount and quantity of fines over the last few years. Sincethe DGOJ has published a list of sanctioned companies on its webpage. It is expected to be passed during Q1—Q2 of At the time of writing, it is not clear when this resolution will be passed.
In Julythe Administrative Chamber of the Spanish Supreme Court raised a question of unconstitutionality before the Constitutional Court regarding article 7 paragraph 2 of the Gaming Law, as this article allows a regulation lower than the law i.
Likewise, article 7 paragraph 2 of the Gaming Law should be eliminated from the legal system for being unconstitutional. The DGOJ published in January a draft resolution to regulate i the requirements that must be met by the collaborating entities in the commercialisation of lottery games, when through electronic, computer, telematic or interactive channels, and ii the obligations of lottery operators related to marketing through these collaborating entities and the webpages, applications or other electronic, computer, telematic or interactive channels owned or operated by the external marketing network.
Patricia Lalanda Ordóñez LOYRA Abogados. Fernando A. Martín Martín LOYRA Abogados. LOYRA Abogados. Chapter Content Free Access 1. Relevant Authorities and Legislation 2.
Application for a Licence and Licence Restrictions 3. Enforcement and Liability 5. Anticipated Reforms. Relevant Product Who regulates it in digital form? Who regulates it in land-based form? The relevant authority within the competent Autonomous Region, of which there are Poker Bingo Betting Betting DGOJ.
Not regulated yet. Lotteries Lotteries The Spanish State. Only in Catalunya. The relevant authority within the competent Autonomous Region. Skill games and competitions with no element of chance Not regulated. Land-based gambling Casinos: Each Region has established a licensing regime to install and operate casinos.
Usually, whenever a certain Region intends to grant a licence for a new casino, it must call and conduct a public tender, where applicants submit their proposal, which must comply with the requirements of the tender in terms of investment size, technical and financial suitability, location, potential for employment creation, guarantees, feasibility study, etc.
The licence is granted to the applicant who attains the best score according to a scale provided in the tender.
Typically, the total number of casinos that can be authorised within a concrete Region, as well as the number of casinos that can be operated by the same operator and its group of companiesare limited. Once the licence to install the casino has been granted, the applicant must obtain the authorisation to operate it, which is not transferable.
Generally, any company that intends to operate a casino must be duly incorporated in Spain, have a certain minimum share capital and have the operation of casinos as its primary business purpose.
Shareholders, directors and top-level management need to undergo a suitability analysis and comply with regulatory requirements. Bingo halls: Regions have passed legislation for the installation and operation of bingo halls, including many requirements as to registration with the competent authority, incorporation, corporate purpose and the provision of financial guarantees.
In addition, bingo hall operators must comply with filing requirements related to employees and obtain authorisations for transfers of ownership or variations in the terms and conditions of the licence. Over the past few years, electronic and inter-connected bingos have been regulated in several Regions.
Bingo halls may also, under certain conditions, operate Type B machines. Sports betting: Regarding sports betting, regulation is variable across the Regions and sports betting terminals and counters can only be installed in certain gambling locations.
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Spanish Roulette Online Gaming -
The preliminary information procedures are started when a website is subject to a report, complaint or claim. From that moment on, a procedure begins in which, through the check phases, the DGOJ communicates with the operator, initiates the recording of evidence and, finally, proposes opening the sanctioning procedure.
Sanctioning proceedings have grown in terms of amount and quantity of fines over the last few years. Since , the DGOJ has published a list of sanctioned companies on its webpage. It is expected to be passed during Q1—Q2 of At the time of writing, it is not clear when this resolution will be passed.
In July , the Administrative Chamber of the Spanish Supreme Court raised a question of unconstitutionality before the Constitutional Court regarding article 7 paragraph 2 of the Gaming Law, as this article allows a regulation lower than the law i.
Likewise, article 7 paragraph 2 of the Gaming Law should be eliminated from the legal system for being unconstitutional. The DGOJ published in January a draft resolution to regulate i the requirements that must be met by the collaborating entities in the commercialisation of lottery games, when through electronic, computer, telematic or interactive channels, and ii the obligations of lottery operators related to marketing through these collaborating entities and the webpages, applications or other electronic, computer, telematic or interactive channels owned or operated by the external marketing network.
Patricia Lalanda Ordóñez LOYRA Abogados. Fernando A. Martín Martín LOYRA Abogados. LOYRA Abogados. Chapter Content Free Access 1. Relevant Authorities and Legislation 2. Application for a Licence and Licence Restrictions 3. Enforcement and Liability 5. Anticipated Reforms. Relevant Product Who regulates it in digital form?
Who regulates it in land-based form? The relevant authority within the competent Autonomous Region, of which there are Poker Bingo Betting Betting DGOJ. Not regulated yet. Lotteries Lotteries The Spanish State.
Only in Catalunya. The relevant authority within the competent Autonomous Region. Skill games and competitions with no element of chance Not regulated. Land-based gambling Casinos: Each Region has established a licensing regime to install and operate casinos.
Usually, whenever a certain Region intends to grant a licence for a new casino, it must call and conduct a public tender, where applicants submit their proposal, which must comply with the requirements of the tender in terms of investment size, technical and financial suitability, location, potential for employment creation, guarantees, feasibility study, etc.
The licence is granted to the applicant who attains the best score according to a scale provided in the tender. Typically, the total number of casinos that can be authorised within a concrete Region, as well as the number of casinos that can be operated by the same operator and its group of companies , are limited.
Once the licence to install the casino has been granted, the applicant must obtain the authorisation to operate it, which is not transferable. Generally, any company that intends to operate a casino must be duly incorporated in Spain, have a certain minimum share capital and have the operation of casinos as its primary business purpose.
Shareholders, directors and top-level management need to undergo a suitability analysis and comply with regulatory requirements. Bingo halls: Regions have passed legislation for the installation and operation of bingo halls, including many requirements as to registration with the competent authority, incorporation, corporate purpose and the provision of financial guarantees.
In addition, bingo hall operators must comply with filing requirements related to employees and obtain authorisations for transfers of ownership or variations in the terms and conditions of the licence.
Over the past few years, electronic and inter-connected bingos have been regulated in several Regions. Bingo halls may also, under certain conditions, operate Type B machines. Sports betting: Regarding sports betting, regulation is variable across the Regions and sports betting terminals and counters can only be installed in certain gambling locations.
Dedicated sports betting locations may also be opened in certain Regions. Gambling machines: Manufacturers and distributors must comply with legislation regarding the physical characteristics of the machines, amounts wagered, prize payout statistics and locations where each type of slot machine may be placed.
In certain Regions, transfers of ownership interest in machine manufacturers and distributors are subject to prior authorisation or notification to the relevant Region. Registration and homologation of each machine model is mandatory. Additionally, each machine must be labelled with the name of the manufacturer and the relevant operating permit.
Moreover, machine manufacturers, distributors and operators must register with and be approved in terms of technical, reputational and financial suitability and compliance by the gambling authority of the Region in which they intend to conduct business.
Machine operators are also required to deposit financial guarantees, which vary across each Region, and must keep records and documentation related to the machines they operate.
In addition, there are regulations on the types of locations at which machines can be installed and the number of machines that can be placed in each of them.
There are sub-types and other classifications that are omitted herein for the sake of simplicity. Multi-position machines, and the possibility of linking them in certain locations and under a number of requirements, are generally allowed in the Spanish Regions and may offer larger prizes i.
Gambling arcades: Regional laws and regulations have some differences, but the key requirements for the grant of a licence for the operation of gambling arcades are the following: i registration with the regional registry as a gambling arcade operator including a statement as to the machine type s that are intended to be installed ; ii a specific gambling arcade licence; iii provision of financial guarantees; iv municipal licences for the operation of the location of the gambling arcade; and v communication to the competent gambling authority of any change in the information supplied.
Regional lotteries: The Regions may also regulate public gambling activities lotteries that take place within their respective territories. Up until now, only the Region of Catalunya has regulated lotteries within its territory.
Please see question 1. Land-based gambling Please see question 1. Online gambling — State level As described above, at least two licences must be applied for general and singular licence. Timing: once the application is submitted, there is a maximum period of six months to award the licence or not.
This term can be increased due to certain legal circumstances. Licences will be granted provisionally and from this moment, gambling operation may begin, with the commitment to submit, within a period of four months, the final report of the gambling technical systems certification.
Land-based gambling Casinos: 10—15 years, renewable for the same periods. Gambling machines: five-year renewable term. Gambling arcades depending on the Region : the licence may be indefinite, e.
Bingo halls depending on the Region : the licence may be indefinite, e. Sports betting: Madrid and Valencia — 10 years; and Andalusia and Basque Country — indefinite.
Online gambling — State level General licences: valid for 10 renewable years. Common restrictions on land-based and online gambling There are certain groups of people who are restricted from gambling, among others: minors under 18 years old ; people who have been declared disabled by law or judicial resolution; and people who have voluntarily requested that their access to gambling be prohibited.
Currently, credit to gambling patrons is generally prohibited under Spanish law. Advertisements Regarding State-wide online gambling activities, to carry out gambling activities on audio-visual programmes, news media or websites, operators must have an authorisation.
The IAJ must be filed and paid quarterly, within a month from the end of every quarter. In addition, there is a yearly levy applied of 0. Gambling activities are exempt from VAT.
Online gambling Laws Loot boxes A law regulating loot boxes in videogames is foreseen in Q4 or Q1 Advertisement In July , the Administrative Chamber of the Spanish Supreme Court raised a question of unconstitutionality before the Constitutional Court regarding article 7 paragraph 2 of the Gaming Law, as this article allows a regulation lower than the law i.
Lottery The DGOJ published in January a draft resolution to regulate i the requirements that must be met by the collaborating entities in the commercialisation of lottery games, when through electronic, computer, telematic or interactive channels, and ii the obligations of lottery operators related to marketing through these collaborating entities and the webpages, applications or other electronic, computer, telematic or interactive channels owned or operated by the external marketing network.
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