Gambling Laws and Regulations Report 2024 Spain

Gambling Laws and Regulations Spain 2024

ICLG - Gambling Legislation - Spain This chapter covers general issues in gambling legislation (e. g. relevant authorities and legislation, license applications, license restrictions, digital media, enforcement and liability).

Chapter Content Free Access

  1. 1. Relevant authorities and legislation
  2. 2. License applications and license restrictions
  3. 3. Online/mobile/digital/electronic media
  4. 4. Enforcement and liability
  5. 5. Expected reforms

1. Relevant Authorities and Legislation

1. 1 Which bodies regulate what types of gambling and social/skill gaming activities in your jurisdiction?

Related products

Who regulates in digital form?

Who regulates in land-based form?

Gaming

Casino games (including casino table games such as slots, roulette and blackjack)

The General Directorate of Gambling Regulation (Dirección General de Ordenación del Juego - "DGOJ"), which is part of the Ministry of Consumer Affairs.

The relevant authorities in the competent Autonomous Community (there are 17 Autonomous Community).

Gaming

The relevant authorities in the competent Autonomous Community (there are 17 Autonomous Community).

Sports/horse racing betting (where regulated separately from other forms of betting)

Fantasy betting (payments to support the selection of a "league" or "portfolio" over a period of time, such as sports or shares)

Not yet regulated, although some forms are considered pooled betting.

Not yet regulated.

Lotteries

Spanish state-run.

Catalonia only. Relevant authorities in the responsible autonomous community.

Social/skill arrangements

"Social" games with no prize of money or monetary value

Not regulated if the game does not result in profit for the promoter or operator.

Games of skill and competitions with no element of chance

1. 2 Identify: (i) the laws and regulations that apply to the relevant products in your jurisdiction, and (ii) whether they permit or prohibit the offering of the relevant products to persons in your jurisdiction.

Gambling activities in Spain are divided into the following categories:

  • "Public gambling" is a national monopoly activity entrusted to two incumbent operators, Sociedad Estatal Loterías y Apuestas del Estado ("SELAE") and Organización Nacional de Ciegos Españoles ("ONCE"), which manage a series of passive, deferred and outcome type lottery games as well as sports and charity pool betting within Spanish territory.
  • "Private gambling" is composed by private businesses who have been forced to strictly regulatory burden and include all other types of gambling (land and online).

The Spanish Constitution divides a series of regulations and other authority between the central government and the COMUNIDADES Autónomas (hereinafter referred to as the state). Autonomy is responsible for regulation, approval, taxation, and supervision of private and public gambling activities in each region.

Gambling throughout the state is under the jurisdiction of the Ministry of Finance. Among them, the Spanish National Law Committee (DGOJ) will regulate, approve, manage, and manage gambling activities in Spain in Spain as needed.

Gambling is a future that depends on the future that depends on whether or not the skills of the player have a decisive effect on the result, or whether the result is luck, bet, it is a coincidence or basically dependent on basically or basically. The uncertain result is that it is an activity that bets on items that are economically valuable in any form, and that these total amount can be moved between participants. It will be done. The prizes are cash or i n-kind, depending on the type of game. The activities that fall under this definition are subject to a specific gambling method. Social games are not included in this definition because they are generally understood that there are no cash or prizes with economic value.

Lands common to lan d-based gambling and online gambling: gambling operators and activities are eligible for related laws related to gambling regulations and taxes, as well as the environment, zoning, advertising, and money laundering prevention (hereinafter "AML"). 。

Lan d-based gambling < SPAN> "private gambling" is composed of private businesses that have been forced to strictly regulatory burden and include all other types of gambling (lan d-based and online).

  1. The Spanish Constitution divides a series of regulations and other authority between the central government and the COMUNIDADES Autónomas (hereinafter referred to as the state). Autonomy is responsible for regulation, approval, taxation, and supervision of private and public gambling activities in each region.
  2. Gambling throughout the state is under the jurisdiction of the Ministry of Finance. Among them, the Spanish National Law Committee (DGOJ) will regulate, approve, manage, and manage gambling activities in Spain in Spain as needed.
  3. Gambling is a future that depends on the future that depends on whether or not the skills of the player have a decisive effect on the result, or whether the result is luck, bet, it is a coincidence or basically dependent on basically or basically. The uncertain result is that it is an activity that bets on items that are economically valuable in any form, and that these total amount can be moved between participants. It will be done. The prizes are cash or i n-kind, depending on the type of game. The activities that fall under this definition are subject to a specific gambling method. Social games are not included in this definition because they are generally understood that there are no cash or prizes with economic value.
  4. Lands common to lan d-based gambling and online gambling: Gambling operators and activities are eligible for related laws related to gambling regulations and taxes, as well as the environment, zoning, advertising, and money laundering prevention (hereinafter "AML"). 。
  5. The Lan d-Base gambling "Private Gambling" is composed by private business operators who have been forced to strictly regulatory burden and include all other types of gambling (land bass and online).
  6. The Spanish Constitution divides a series of regulations and other authority between the central government and the COMUNIDADES Autónomas (hereinafter referred to as the state). Autonomy is responsible for regulation, approval, taxation, and supervision of private and public gambling activities in each area.

Gambling throughout the state is under the jurisdiction of the Ministry of Finance. Among them, the Spanish National Law Committee (DGOJ) will regulate, approve, manage, and manage gambling activities in Spain in Spain as needed.

Gambling is a future that depends on the future that depends on whether or not the skills of the player have a decisive effect on the result, or whether the result is luck, bet, it is a coincidence or basically dependent or basically dependent. The uncertain result is that it is an activity that bets on items that are economically valuable in any form, and that these total amount can be moved between participants. It will be done. The prizes are cash or i n-kind, depending on the type of game. The activities that fall under this definition are subject to a specific gambling method. Social games are not included in this definition because they are generally understood that there are no cash or prizes with economic value.

Lands common to lan d-based gambling and online gambling: Gambling operators and activities are eligible for related laws related to gambling regulations and taxes, as well as the environment, zoning, advertising, and money laundering prevention (hereinafter "AML"). 。

Lan d-based gambling

Each casino area has a license system for installing and operating casinos. Usually, if a specific area tries to give a new casino license, a public offering bid will be made and the applicant submits the proposal. The proposal must meet the bidding requirements for investment scale, technical and financial aptitude, location, employment creation, guarantee, and feasibility study. The license is given to the applicant who has won the best score according to the scale described in the bid. Usually, the total number of casinos that are approved in specific areas and the number of casinos that the same operator (and the group company) can be operated are limited. When the approval of the casino installation is approved, the applicant must obtain the operation approval, but this approval cannot be transferred. However, the relocation of the applicant / operator's ownership is allowed to be notified to the region or if it is approved in some regions. In general, companies that operate a casino must be officially established in Spain, have a certain minimum stock, and operate the casinos as the main business. Shareholders, directors, and to p-level management must undergo aptitude analysis and comply with regulatory requirements. In recent years, Madrid and Catalunia have approved the law to make a license for the "integrated casino".

2. Application for a Licence and Licence Restrictions

Includes many requirements, such as registration in jurisdiction in jurisdiction, establishing a corporate, corporate purpose, and provision of financial guarantee. In addition, Bingo Hall operators must comply with the requirements for submissions for employees and obtain approval on relocation of ownership and change of license conditions. In recent years, electronic bingo and interconnected bingo have been regulated in several regions. Bingo Hall can operate Type B machines under certain conditions.

Regarding Sports Betting Sports Betting, the regulations vary from region to region, and sports betting terminals and counters can only be installed at specific gambling halls. In some areas, a place for sports betting can be opened. < SPAN> Casino regions have a license system for installing and operating casinos. Usually, if a specific area tries to give a new casino license, a public offering bid will be made and the applicant submits the proposal. The proposal must meet the bidding requirements for investment scale, technical and financial aptitude, location, employment creation, guarantee, and feasibility study. The license is given to the applicant who has won the best score according to the scale described in the bid. Usually, the total number of casinos that are approved in specific areas and the number of casinos that the same operator (and the group company) can be operated are limited. When the approval of the casino installation is approved, the applicant must obtain the operation approval, but this approval cannot be transferred. However, the relocation of the applicant / operator's ownership is allowed to be notified to the region or if it is approved in some regions. In general, companies that operate a casino must be officially established in Spain, have a certain minimum stock, and operate the casinos as the main business. Shareholders, directors, and to p-level management must undergo aptitude analysis and comply with regulatory requirements. In recent years, Madrid and Catalunia have approved the law to make a license for the "integrated casino".

Includes many requirements, such as registration in jurisdiction in jurisdiction, establishing a corporate, corporate purpose, and provision of financial guarantee. In addition, Bingo Hall operators must comply with the requirements for submissions for employees and obtain approval on relocation of ownership and change of license conditions. In recent years, electronic bingo and interconnected bingo have been regulated in several regions. Bingo Hall can operate Type B machines under certain conditions.

Regarding Sports Betting Sports Betting, the regulations vary from region to region, and sports betting terminals and counters can only be installed at specific gambling halls. In some areas, a place for sports betting can be opened. Each casino area has a license system for installing and operating casinos. Usually, if a specific area tries to give a new casino license, a public offering bid will be made and the applicant submits the proposal. The proposal must meet the bidding requirements for investment scale, technical and financial aptitude, location, employment creation, guarantee, and feasibility study. The license is given to the applicant who has won the best score according to the scale described in the bid. Usually, the total number of casinos that are approved in specific areas and the number of casinos that the same operator (and the group company) can be operated are limited. When the approval of the casino installation is approved, the applicant must obtain the operation approval, but this approval cannot be transferred. However, the relocation of the applicant / operator's ownership is allowed to be notified to the region or if it is approved in some regions. In general, companies that operate a casino must be officially established in Spain, have a certain minimum stock, and operate the casinos as the main business. Shareholders, directors, and to p-level management must undergo aptitude analysis and comply with regulatory requirements. In recent years, Madrid and Catalunia have approved the law to make a license for the "integrated casino".

Includes many requirements, such as registration in jurisdiction in jurisdiction, establishing a corporate, corporate purpose, and provision of financial guarantee. In addition, Bingo Hall operators must comply with the requirements for submissions for employees and obtain approval on relocation of ownership and change of license conditions. In recent years, electronic bingo and interconnected bingo have been regulated in several regions. Bingo Hall can operate Type B machines under certain conditions.

Regarding Sports Betting Sports Betting, the regulations vary from region to region, and sports betting terminals and counters can only be installed at specific gambling halls. In some areas, a place for sports betting can be opened.

Lan d-based gambling < SPAN> "private gambling" is composed of private businesses that have been forced to strictly regulatory burden and include all other types of gambling (lan d-based and online).

Regarding Sports Betting Sports Betting, the regulations vary from region to region, and sports betting terminals and counters can only be installed at specific gambling halls. In some areas, a place for sports betting can be opened. < SPAN> Casino regions have a license system for installing and operating casinos. Usually, if a specific area tries to give a new casino license, a public offering bid will be made and the applicant submits the proposal. The proposal must meet the bidding requirements for investment scale, technical and financial aptitude, location, employment creation, guarantee, and feasibility study. The license is given to the applicant who has won the best score according to the scale described in the bid. Usually, the total number of casinos that are approved in specific areas and the number of casinos that the same operator (and the group company) can be operated are limited. When the approval of the casino installation is approved, the applicant must obtain the operation approval, but this approval cannot be transferred. However, the relocation of the applicant / operator's ownership is allowed to be notified to the region or if it is approved in some regions. In general, companies that operate a casino must be officially established in Spain, have a certain minimum stock, and operate the casinos as the main business. Shareholders, directors, and to p-level management must undergo aptitude analysis and comply with regulatory requirements. In recent years, Madrid and Catalunia have approved the law to make a license for the "integrated casino".

The lottery area in the region can also regulate public gambling (lottery) held in each area. To date, only Catalonia has regulated lotteries in that area.

Online gambling operatio n-State level

  • Online gambling is regulated by the Act 13/2011 ("Law 13/2011") on May 27, 2011 ("Law 13/2011") and applies to gambling by tw o-way means from Spain to Spain. 。
  • There are three types of general licenses: "bet", "contest", and "other games". In addition, online gambling that can be provided by a single license is: "Bingo", "Blackjack", "Roulette", "Baccarat", "Slot", "Poker", "Supplementary Game", "Fixed oddsbetting" , "Fixed odds sports betting", "sports pool betting", "fixed odds hosesbetting", "hose pool betting", and "exccheybetting". If it is not included in the latter definition, it cannot be provided.
  • The 2011 Law No. 13 shall have long rules (Imperial Ordinance No. 1613 on technical requirements, Imperial Ordinance No. 1614/2011), resolutions (implementation of technologies and regulations, procedures, and procedures for gambling registration). It is enforced by the approval of responsible gambling and ministerial ordinance (one for each gaming type, a single license). DGOJ grants relevant licenses after the public offering. This procedure can be started at the request of a job right or a stakeholder, in which case, at least 18 months have passed since the previous open call.

Three bids have been performed so far. The last bid was announced on December 17, 2017 (Ministerial Ordinance HFP/1227/2017 published in the Official Gazette on December 16, 2017). In this third bid announcement, various corrections were added to the previous announcement, but the highest relevance is that the general license document submission and application period (submitted)). The deadline is December 17, 2018).

2. 1 What kind of regulations, permissions, approval, or other public approval (hereinafter collectively referred to "license") are required to provide related products to those who are located in your areas?

Please refer to the above question 1. 2.

2. 2 If the license is available, please give out the mechanism of the related license system.

Lan d-based gambling < SPAN> "private gambling" is composed of private businesses that have been forced to strictly regulatory burden and include all other types of gambling (lan d-based and online).

  • (1) Personal compliance requirements, (2) registration in related gambling registrations, (3) deposit of financial guarantee, (4) compliance with tax and social security obligations.
  • 2. 3 What is the license application process for related products?
  • Lan d-based gambling
  • See questions 1. 2 above.
  • Online gamblin g-national level

The lottery area in the region can also regulate public gambling (lottery) held in each area. To date, only Catalonia has regulated lotteries in that area.

Processing financial obligations: Especially, paying commissions related to regulated gambling activities: 38, 000 euros for technical reports, 2, 500 euros for registration of each license, and 10, 000 euros for each gambling license.

Technical obligation: Especially, creating a specific website in the ". ES" domain, redirecting to a specific website in the ". ES" domain, grasping gambling management and financial transactions within Spanish territory. Introducing an internal surveillance system to do.

Timing: The period from the application form to a maximum of six months to award (or not award). This period may be extended due to certain legal circumstances. Licensing is provisionally granted, and gambling can be started from this point, but it is required to submit the final report of gambling technology system certification within four months. < SPAN> Licensing is granted by compliance with a certain framework defined in advance in the applicable laws and rules (in some cases, in the jurisdiction region or central country). Applicants can know in advance whether they have the ability (and aptitude) to comply with a considerable legal accuracy.

(1) Personal compliance requirements, (2) registration in related gambling registrations, (3) deposit of financial guarantee, (4) compliance with tax and social security obligations.

2. 3 What is the license application process for related products?

Lan d-based gambling

See questions 1. 2 above.

Online gamblin g-national level

As mentioned above, at least two licenses must be applied (general license and solo license). General licenses are granted by public bids, including technology, finance, reputation compliance, software security and reliability requirements, fraud prevention and AML requirements (so far, there is no limit on the number of licenses). Companies that are trying to get a license have a company address in the European economic region ("EEA") member countries ("MS"), and organize, marketing and operating gambling activities. It must be a public limited company or a limited liability company for the only corporate purpose.

Processing financial obligations: Especially, paying commissions related to regulated gambling activities: 38, 000 euros for technical reports, 2, 500 euros for registration of each license, and 10, 000 euros for each gambling license.

Technical obligation: Especially, creating a specific website in the ". ES" domain, redirecting to a specific website in the ". ES" domain, grasping gambling management and financial transactions within Spanish territory. Introducing an internal surveillance system to do.

Timing: The period from the application form to a maximum of six months to award (or not award). This period may be extended due to certain legal circumstances. Licensing is provisionally granted, and gambling can be started from this point, but it is required to submit the final report of gambling technology system certification within four months. Applications that are interested in licensing are granted by compliance with a certain framework defined in advance in the applicable laws and rules (in some cases, in the jurisdiction region or central country). People can know whether they have the ability (and aptitude) to be compliant in advance with considerable legal accuracy.

(1) Personal compliance requirements, (2) registration in related gambling registrations, (3) deposit of financial guarantee, (4) compliance with tax and social security obligations.

2. 3 What is the license application process for related products?

Lan d-based gambling

See questions 1. 2 above.

Online gamblin g-national level

As mentioned above, at least two licenses must be applied (general license and solo license). General licenses are granted by public bids, including technology, finance, reputation compliance, software security and reliability requirements, fraud prevention and AML requirements (so far, there is no limit on the number of licenses). Companies that are trying to get a license have a company address in the European economic region ("EEA") member countries ("MS"), and organize, marketing and operating gambling activities. It must be a public limited company or a limited liability company for the only corporate purpose.

Processing financial obligations: Especially paying commissions related to regulated gambling activities: 38, 000 euros for technical reports, 2, 500 euros for each license, and 10, 000 euros for each gambling license.

Online gamblin g-national level

Timing: The period from the application form to a maximum of six months to award (or not award). This period may be extended due to certain legal circumstances. Licensing is provisionally granted, and gambling can be started from this point, but it is required to submit the final report of gambling technology system certification within four months.

Cash, real estate mortgage, insurance, or collateral guarantees must be set at 2 million euros for general gambling and other game licenses, and for general contest general licenses, 500, 000 euros. The warranty amount will be reduced after the second year.

2. 4 Are there any restrictions on licensing in jurisdiction?

If Licensee or its management involves crime, bankruptcy, national or regional gambling regulations, taxes, social security obligations, etc., Licensee will be given or canceled.

2. 5 Please summarize the following characteristics of the license: (i) Vulnerable period, (II), (II), pause, vulnerability in cancellation.

Lan d-based gambling

Casino 10-15 years can be updated in the same period.

Gambling machine: Updated for 5 years.

Gambling place (depending on the region): Licensing may be indefinite, such as Andalusia, and may be limited to 10 years, such as the Canary Islands.

Bingo Hall (depending on the region): In Andalusia, etc., indefinitely, 10 years in Valencia, and 5 years in the Canary Islands.

Sports Betting Madrid and Valencia have been 10 years, Andalusia and Basque are indefinite.

Online Gamblin g-State Level

General license: Updated 10 years valid. Solo license: Valid for 3-5 years depending on the type of game. A) Avoid the license holder's explicit rights, b) the validity period, C) DGOJ for some reasons.

Regulatory authorities say that gambling operators who have acquired the license comply with the license requirements, and if there is a violation, giving instructions, imposing penalties, and in some cases, gambling business. Corresponding by stripping the license of a person.

3. Online/Mobile/Digital/Electronic Media

2. 6 Please tell us the main restrictions on providing services to customers for each product. This answer includes important promotions and advertising restrictions.

Restrictions common to land bass and online gambling

Minors (under 18 years old), people who have been disabled by law or judicial resolution, and those who have voluntarily requested access to gambling. < SPAN> Cash, real estate mortgage, insurance, or collateral guarantees must be set for 2 million euros for general gambling and other game licenses, and for general licenses for contests, 500, 000 euros. The warranty amount will be reduced after the second year.

2. 4 Are there any restrictions on licensing in jurisdiction?

If Licensee or its management involves crime, bankruptcy, national or regional gambling regulations, taxes, social security obligations, etc., Licensee will be given or canceled.

2. 5 Please summarize the following characteristics of the license: (i) Vulnerable period, (II), (II), pause, vulnerability in cancellation.

Lan d-based gambling

4. Enforcement and Liability

Casino 10-15 years can be updated in the same period.

Gambling machine: Updated for 5 years.

Gambling place (depending on the region): Licensing may be indefinite, such as Andalusia, and may be limited to 10 years, such as the Canary Islands.

Bingo Hall (depending on the region): In Andalusia, etc., indefinitely, 10 years in Valencia, and 5 years in the Canary Islands.

Sports Betting Madrid and Valencia have been 10 years, Andalusia and Basque are indefinite.

Online Gamblin g-State Level

General license: Updated 10 years valid. Solo license: Valid for 3-5 years depending on the type of game. A) Avoid the license holder's explicit rights, b) the validity period, C) DGOJ for some reasons.

Regulatory authorities say that gambling operators who have acquired the license comply with the license requirements, and if there is a violation, giving instructions, imposing penalties, and in some cases, gambling business. Corresponding by stripping the license of a person.

2. 6 Please tell us the main restrictions on providing services to customers for each product. This answer includes important promotions and advertising restrictions.

Restrictions common to land bass and online gambling

Minors (under 18 years old), people who have been disabled by law or judicial resolution, and those who have voluntarily requested access to gambling. Cash, real estate mortgage, insurance, or collateral guarantees must be set at 2 million euros for general gambling and other game licenses, and for general contest general licenses. The warranty amount will be reduced after the second year.

2. 4 Are there any restrictions on licensing in jurisdiction?

If Licensee or its management involves crime, bankruptcy, national or regional gambling regulations, taxes, social security obligations, etc., Licensee will be given or canceled.

2. 5 Please summarize the following characteristics of the license: (i) Vulnerable period, (II), (II), pause, vulnerability in cancellation.

Lan d-based gambling

5. Anticipated Reforms

Casino 10-15 years can be updated in the same period.

Online gamblin g-national level

Gambling place (depending on the region): Licensing may be indefinite, such as Andalusia, and may be limited to 10 years, such as the Canary Islands.

Bingo Hall (depending on the region): In Andalusia, etc., indefinitely, 10 years in Valencia, and 5 years in the Canary Islands.

Sports Betting Madrid and Valencia have been 10 years, Andalusia and Basque are indefinite.

Online Gamblin g-State Level

General license: Updated 10 years valid. Solo license: Valid for 3-5 years depending on the type of game. A) Avoid the license holder's explicit rights, b) the validity period, C) DGOJ for some reasons.

Regulatory authorities say that gambling operators who have acquired the license comply with the license requirements, and if there is a violation, giving instructions, imposing penalties, and in some cases, gambling business. Corresponding by stripping the license of a person.

2. 6 Please tell us the main restrictions on providing services to customers for each product. This answer includes important promotions and advertising restrictions.

Lan d-based gambling < SPAN> "private gambling" is composed of private businesses that have been forced to strictly regulatory burden and include all other types of gambling (lan d-based and online).

  • Minors (under 18 years old), people who have been disabled by law or judicial resolution, and those who have voluntarily requested access to gambling.
  • Depending on the region, the number of gambling fields may be limited (eg, Basque, Catalonia, Galicia). In addition, all the Spanish regions set the minimum distance between gambling facilities and the minimum distance between gambling facilities and education centers. Similarly, business hours also vary depending on the type of regional and gambling facilities. This is also the case with bingo holes, and Bingo Hall receives regulations on scale, number, location, and business hours according to local rules.
  • Currently, gambling users are generally banned by the Spanish law.
  • Online gambling

Only residents in the area can play on the local online gambling web page. Regarding the country, the law 13/2011 does not prohibit no n-residents from playing against Spain on the ". es" gambling web pages or apps, but in accordance with the gambling regulations in other jurisdictions. Operator's obligation is to block players from jurisdiction where gambling is prohibited.

Production Editor's Note

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  • Operators must be approved for gambling activities on the entire country online gambling activities on AV programs, news media, and websites. The applicable rules are as follows: (i) Imperial Ordinance on commercial communication of gambling activities 958/2020 (see the following question 5. 1), (II) General Law 34/1988, (III) However, the Code of Conduct of Autocontrol, (IV) Current rules of the Act 13/2011, especially Article 7 and 8, and some provisions that have developed the law 13/2011, (v) Regarding audience communication July 7th Law 13/2022.
  • At the regional level, general advertising regulations are also applied. Recently, gambling advertisements are increasingly restricted by laws and enforcement rules passed by the Spanish regions. These regulations may be affected by unconstitutional issues examined in the following questions 5. 1.

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2. 7 What are taxation and other compulsory collection?

In general, gambling taxes are imposed on operators, individuals or organizations that have related gambling licenses. < SPAN> Depending on the area, the number of gambling fields may be limited (eg, Basque, Catalonia, Galicia). In addition, all the Spanish regions set the minimum distance between gambling facilities and the minimum distance between gambling facilities and education centers. Similarly, business hours also vary depending on the type of regional and gambling facilities. This is also the case with bingo holes, and Bingo Hall receives regulations on scale, number, location, and business hours according to local rules.

Currently, gambling users are generally banned by the Spanish law.

Online gambling

Only residents in the area can play on the local online gambling web page. Regarding the country, the law 13/2011 does not prohibit no n-residents from playing against Spain on the ". es" gambling web pages or apps, but in accordance with the gambling regulations in other jurisdictions. Operator's obligation is to block players from jurisdiction where gambling is prohibited.

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  • Operators must be approved for gambling activities on the entire country online gambling activities on AV programs, news media, and websites. The applicable rules are as follows: (i) Imperial Ordinance on commercial communication of gambling activities 958/2020 (see the following question 5. 1), (II) General Law 34/1988, (III) However, the Code of Conduct of Autocontrol, (IV) Current rules of the Act 13/2011, especially Article 7 and 8, and some provisions that have developed the law 13/2011, (v) Regarding audience communication July 7th Law 13/2022.
  • At the regional level, general advertising regulations are also applied. Recently, gambling advertisements are increasingly restricted by laws and enforcement rules passed by the Spanish regions. These regulations may be affected by unconstitutional issues examined in the following questions 5. 1.
  • 2. 7 What are taxation and other compulsory collection?
  • In general, gambling taxes are imposed on operators, individuals or organizations that have related gambling licenses. Depending on the region, the number of gambling fields may be limited (eg, Basque, Catalonia, Galicia). In addition, all the Spanish regions set the minimum distance between gambling facilities and the minimum distance between gambling facilities and education centers. Similarly, business hours also vary depending on the type of regional and gambling facilities. This is also the case with bingo holes, and Bingo Hall receives regulations on scale, number, location, and business hours according to local rules.
  • Currently, gambling users are generally banned by the Spanish law.
  • Online gambling
  • Only residents in the area can play on the local online gambling web page. Regarding the country, the law 13/2011 does not prohibit no n-residents from playing against Spain on the ". es" gambling web pages or apps, but in accordance with the gambling regulations in other jurisdictions. Operator's obligation is to block players from jurisdiction where gambling is prohibited.

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Operators must be approved for gambling activities on the entire country online gambling activities on AV programs, news media, and websites. The applicable rules are as follows: (i) Imperial Ordinance on commercial communication of gambling activities 958/2020 (see the following question 5. 1), (II) General Law 34/1988, (III) However, the Code of Conduct of Autocontrol, (IV) Current rules of the Act 13/2011, especially Article 7 and 8, and some provisions that have developed the law 13/2011, (v) Regarding audience communication July 7th Law 13/2022.

At the regional level, general advertising regulations are also applied. Recently, gambling advertisements are increasingly restricted by laws and enforcement rules passed by the Spanish regions. These regulations may be affected by unconstitutional issues examined in the following questions 5. 1. 2. 7 What are taxation and other compulsory collection?

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In general, gambling taxes are imposed on operators, individuals or organizations that have related gambling licenses.

Gambling machines need to pay gambling taxes to areas where gambling machines are operated every quarter. The tax payment amount is fixed annual, depending on the type of gaming machine, depending on the region (the average annual amount of gaming machines that are not operated in the casino is about 3, 500 euros). The casino tax paid the corresponding tax rate based on the slide system of the total gaming income of the table game ("GGR"). These taxes are paid every quarter. The sliding scale is 15 % to 58 % depending on the region, and the type C machine is taxed at a fixed tax rate per year of € 5, 300 (per position). Sportsbetting operators pay a variable tax (vary depending on the region, Valencia, 10 %, 15 %, 20 % in Valencia). In addition, gambling operators must pay a certain on e-shot administrative tax in connection with approval, installation of machines, updates, machines, systems, and homorogation of gambling equipment. Gambling activities are ta x-exempt, but gambling operators must bear the VAT for and/ or other services obtained from third parties and/ to customers. Corporate tax (legal tax rate: 25 %) and economic activity tax (hereinafter "IAE") are further applied to their activities and places. IAE is a municipal tax, and a certain tax rate is applied when gaming activities on land. In particular, the tax rate per gaming machine is particularly high in the casino gaming table. Online gambling

Depending on the type of gambling, the law 13/2011 stipulates 20%of the bet or GGR (netprofit). GGR is a deduction of the prize paid to the player from the total betting amount and the other income obtained directly from the game organization or operation. This tax is called gambling tax (IAJ).

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The 2011 Law No. 13 has been amended, with a tax paid in Suea or Merrilla, and is actually levied on a gambling carrier that is actually located/ base in these territories, instead of a 20%GGR. It was.

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IAJ must submit and pay for every quarter within one month from the end of the quarter.

In addition, an annual tax of 0. 75 is applied to 1/1, 000 of the total sales income.

Gambling is exempted from added value tax.

Player's tax

Players must declare gambling winnings in their personal income tax return, but can also deduct losses (winnings are levelled at a maximum). Winners of lotteries over €40, 000 awarded by SELAE and ONCE are taxed at 20% of their winnings.

2. 8 What are the broad social responsibility requirements?

Gambling operators must develop a set of measures to mitigate the harmful effects that gambling may have on people and incorporate basic regulations for a responsible gambling policy. Thus, with regard to consumer protection, it is necessary to a) pay due attention to risk groups, b) provide the general public with the information necessary to make a conscious choice about their gambling behaviour and promote a moderate, non-impulsive and responsible attitude towards gambling, c) inform them of the ban on gaming of minors and persons included in the Register of Minors and Register of Persons ("RIAJ") or in the Register of Persons Related to the Gambling Operator.

Online gambling operators (state-run) and gaming operators must set upper limits on the amount of deposits that participants can make daily, weekly or monthly in the various games.

2. 9 How do AML, financial services regulations or payment restrictions restrict or affect operators supplying gambling?

Gambling operators and activities are subject to relevant legislation governing AML and anti-terrorism regulations. Law 10/2010 on the prevention of money laundering and terrorist financing, as amended from time to time, and Royal Decree 304/2014 implementing the same, contain specific regulations on winnings payouts and customer identification applicable to providers. In particular, the AML regulations require operators to apply customer due diligence measures for prizes of 2, 500 euros or more. The internal control measures applicable to the payout of lottery or other gambling winnings are set out in Article 43 of Royal Decree 304/2014.

2. 10 Does your jurisdiction permit and separately regulate the use of virtual currencies for gambling?

Regarding online gambling, cryptocurrencies such as bitcoin can be implemented as a bitcoin collection/ payment method and electronic collection/ payment utility only when the player's gambling account is specified in the euro. Regarding land gambling, the analysis of playing with bitcoin is slightly different. The rules are explicitly mentioned in the euro currency units (prices of games, bets, the number of prizes, etc.), so it is impossible to play in bitcoin.

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  • Operators must be approved for gambling activities on the entire country online gambling activities on AV programs, news media, and websites. The applicable rules are as follows: (i) Imperial Ordinance on commercial communication of gambling activities 958/2020 (see the following question 5. 1), (II) General Law 34/1988, (III) However, the Code of Conduct of Autocontrol, (IV) Current rules of the Act 13/2011, especially Article 7 and 8, and some provisions that have developed the law 13/2011, (v) Regarding audience communication July 7th Law 13/2022.
  • At the regional level, general advertising regulations are also applied. Recently, gambling advertisements are increasingly restricted by laws and enforcement rules passed by the Spanish regions. These regulations may be affected by unconstitutional issues examined in the following questions 5. 1.
  • 2. 7 What are taxation and other compulsory collection?
  • In general, gambling taxes are imposed on operators, individuals or organizations that have related gambling licenses. Depending on the region, the number of gambling fields may be limited (eg, Basque, Catalonia, Galicia). In addition, all the Spanish regions set the minimum distance between gambling facilities and the minimum distance between gambling facilities and education centers. Similarly, business hours also vary depending on the type of regional and gambling facilities. This is also the case with bingo holes, and Bingo Hall receives regulations on scale, number, location, and business hours according to local rules.
  • Currently, gambling users are generally banned by the Spanish law.
  • Online gambling
  • Only residents in the area can play on the local online gambling web page. Regarding the country, the law 13/2011 does not prohibit no n-residents from playing against Spain on the ". es" gambling web pages or apps, but in accordance with the gambling regulations in other jurisdictions. Operator's obligation is to block players from jurisdiction where gambling is prohibited.

GameArt Awarded Spanish GLI Certification

2. 7 What are taxation and other compulsory collection?

In general, gambling taxes are imposed on operators, individuals or organizations that have related gambling licenses. < SPAN> Depending on the area, the number of gambling fields may be limited (eg, Basque, Catalonia, Galicia). In addition, all the Spanish regions set the minimum distance between gambling facilities and the minimum distance between gambling facilities and education centers. Similarly, business hours also vary depending on the type of regional and gambling facilities. This is also the case with bingo holes, and Bingo Hall receives regulations on scale, number, location, and business hours according to local rules.

Currently, gambling users are generally banned by the Spanish law.

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4. 2 What kind of format is the forced measure in your areas? See the above question 2. 5. The rules distinguish between some types of violations and sanctions: very serious violations, serious violations, and minor violations. The most serious violation can lead to the cancellation of the license.

4. 3 Do other laws other than other domestic laws affect responsibility and execution?

Gambling activities apply general EU rules and principles based on the European Union Treaty ("TFEU"), and the EU Case Law has a significant impact on the domestic market and the possibility of formation, but is responsible. It does not affect the execution.

Member countries have the freedom to pursue their own policies, set restrictions related to gambling and gambling, and define the required protection levels to protect the regulations of member countries. Nevertheless, in the gambling legislation, any restricted measure (gambling monopoly and license system, etc.) may be limited to freedom to provide services in the EU market (Article 56 of TFEU). Regarding the proportional, appropriateness, and consistency to achieve the policy purpose, the conditions specified in the EU judicial court must meet the conditions specified.

At the regional level, general advertising regulations are also applied. Recently, gambling advertisements are increasingly restricted by laws and enforcement rules passed by the Spanish regions. These regulations may be affected by unconstitutional issues examined in the following questions 5. 1. 2. 7 What are taxation and other compulsory collection?

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Audio visuals or e-telecommunications service providers, mass media, advertising agencies, and advertising networks are gambling promotion, sponsorship, and advertising if the organizer does not have the required approval to advertise those games. Take responsibility.

Regarding gambling advertising, those who promote gambling advertisements may be subject to the sanctions system established by the Imperial Command 958/2020 for commercial communication of gambling activities.< 1 minute

4. 2 What kind of format is the forced measure in your areas?

See the above question 2. 5. The rules distinguish between some types of violations and sanctions: very serious violations, serious violations, and minor violations. The most serious violation can lead to the cancellation of the license.

4. 3 Do other laws other than other domestic laws affect responsibility and execution?

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Audio visuals or e-telecommunications service providers, mass media, advertising agencies, and advertising networks are gambling promotion, sponsorship, and advertising if the organizer does not have the required approval to advertise those games. Take responsibility.

In addition, an annual tax of 0. 75 is applied to 1/1, 000 of the total sales income.

Can 4. 4 gambling debt be enforced in your area?

Legal gambling contracts are valid and can claim the winning amount, but the amount won by illegal gambling (operated without relevant approval) is to any court. I can't claim. In extremely exceptional cases, third parties, such as athletes, coaches, other direct participants, competitions or sports activities to bet, and those who have resolved the complaint about the decision of these referees. I bear.

Audio visuals or e-telecommunications service providers, mass media, advertising agencies, and advertising networks are gambling promotion, sponsorship, and advertising if the organizer does not have the required approval to advertise those games. Take responsibility.

Regarding gambling advertising, those who promote gambling ads (that is, affiliates) may be subject to the sanctions established by the Imperial Ordinance 958/2020 on the commercial communication of gambling activities.

4. 2 What kind of format is the forced measure in your areas?

See the above question 2. 5. The rules distinguish between some types of violations and sanctions: very serious violations, serious violations, and minor violations. The most serious violation can lead to the cancellation of the license.

4. 3 Do other laws other than other domestic laws affect responsibility and execution?

Gambling activities apply general EU rules and principles based on the European Union Treaty ("TFEU"), and the EU Case Law has a significant impact on the domestic market and the possibility of formation, but is responsible. It does not affect the execution.

Member countries have the freedom to pursue their own policies, set restrictions related to gambling and gambling, and define the required protection levels to protect the regulations of member countries. Nevertheless, in the gambling legislation, any restricted measure (gambling monopoly and license system, etc.) may be limited to freedom to provide services in the EU market (Article 56 of TFEU). Regarding the proportional, appropriateness, and consistency to achieve policy purposes, the conditions specified in the EU judicial court must meet the conditions specified.

Can 4. 4 gambling debt be enforced in your area?

Legal gambling contracts are valid and can claim the winning amount, but the amount won by illegal gambling (operated without relevant approval) is to any court. I can't claim.

4. 5 What kind of execution will and track record of your regional regulatory authorities? Have you ever executed fines, cancel your license, and other sanctions in your area?

In order to pursue illegal gambling, DGOJ mainly manages registration of a gambling website that allows connections from Spanish to perform complaints, reports, claims, and verification of websites to be subject to occupational surveys. Therefore, we are trying to suppress unrelated online gambling in Spain. Website registration aims to identify unrelated gambling, its range, and the position in the market. Once a website is registered, it will be regularly monitored to confirm your activities in Spain, and if it is appropriate, you will start creating a preliminary information file. Preliminary information procedures start when the website is subject to reporting, complaints, and claims. The procedure has begun from that point, and after confirmation, DGOJ will contact the operator, start a record of evidence, and ultimately propose sanctions. According to DGOJ's 2020 year report, 180 web pages were closed in 2020. In addition, DGOJ's main sanctions in 2020 (the latest official data) are summarized by 197 disciplinary procedures and 240 penalties (equivalent to 55, 839, 370 euros). Sanctions have been increasing in recent years in terms of fine and quantity. Since 2022, DGOJ has published a list of sanctioned companies on the web page.

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Elim Poon - Journalist, Creative Writer

Last modified: 27.08.2024

The latest iGaming regulations across the EU in Complete guide offers insights into compliance, licensing, and market trends for. Are you looking for information on gambling law and regulation in Spain? This CMS Expert Guide provides you with everything you need to know. Law 13/ was amended and now establishes that gambling operators who have their tax residence in Ceuta or Melilla and are actually located/.

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