Regulatory Roulette: Spain's €65m hammer falls on rogue gaming operators


  • 09-12-2024
  • Business
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  • Photo Credit: Freepik
Regulatory Roulette: Spain's €65m hammer falls on rogue gaming operators

Spain continues its rigorous crackdown on unlicensed online gambling operators, imposing significant fines during the first half of 2024. The Directorate General for the Regulation of Gambling (DGOJ), part of the Ministry of Social Rights, Consumption, and Agenda 2030, levied penalties totalling €65.4 million against 15 companies for "serious or very serious" regulatory violations.

The regulatory hammer has fallen hard on unlicenced online gambling platforms that have been skirting legal boundaries. The Spanish government's aggressive stance demonstrates a commitment to maintaining market integrity and protecting consumers from unauthorised gaming activities.

Targeting multiple operators, the penalties reflect a zero-tolerance approach to regulatory non-compliance. These significant financial sanctions serve numerous purposes: deterring future infractions, recovering potential illicit revenues, and sending a clear message to the broader online gaming ecosystem about the consequences of operating outside established legal frameworks.

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TAKING A STAND

Since 2021, Spain has imposed a staggering €398 million in fines on the gambling sector, underscoring its unwavering commitment to maintaining strict regulatory oversight. In the latest round of enforcement, thirteen operators faced individual fines of €5 million each, emphasizing the government’s firm stance on non-compliance. Among the penalised entities were notable names such as Interactive Pro and Mountberg, which not only incurred hefty financial penalties but also received two-year suspensions, effectively barring them from operating in the Spanish market.

Even licenced operators have not escaped the government’s rigorous enforcement efforts. Codere Online was fined €162,500 by the DGOJ after a Facebook ad was flagged for allegedly targeting minors, a serious breach of advertising regulations. Similarly, Electraworks was fined €225,000 for failing to submit technical compliance reports within the required timeframe. The DGOJ highlighted a backlog of delayed reports totalling over 1,600 days in 2023 alone as justification for the penalty.

These actions demonstrate Spain’s commitment to holding both licenced and unlicensed operators accountable, ensuring a fair and responsible gambling environment while prioritizing consumer protection and regulatory compliance.

ADVERTISING REGULATIONS

Spain has positioned itself as a trailblazer in Europe with its comprehensive approach to regulating gambling advertising. In 2020, the country enacted the Royal Decree on Advertising, introducing stringent rules designed to minimise the visibility of gambling promotions to minors. These measures included a ban on sponsorship deals, restrictions on online gambling advertisements to audiences who actively follow gambling operators and prohibitions on promotional content appealing to young viewers.

Although some operators criticised the regulations as excessively restrictive, they marked a significant step forward in protecting vulnerable audiences. In 2024, Spain’s Supreme Court eased certain aspects of these restrictions, allowing influencer marketing and gambling advertisements on platforms like YouTube under regulated conditions. However, the prohibition against content targeting minors remains firmly enforced. The government has also proposed expanding regulatory oversight to ban the promotion of loot boxes, reflecting growing concerns about their similarity to gambling mechanics.

Further enhancing its advertising reforms, Spain has proposed the Influencer Law, officially titled the New General Law on Audiovisual Communication (LGCA). This legislation aims to regulate social media influencers and their content, acknowledging their influential role in shaping public opinion and consumer behaviour. Under the law, influencers earning over €300,000 annually will be classified as audiovisual content service providers, placing them under the same regulatory framework as traditional broadcasters.

To ensure compliance, influencers will be required to register their businesses and social media profiles with the State Registry of Audiovisual Providers, disclose all income-generating activities, and adhere to content guidelines that protect young audiences. Violations of these rules will result in significant penalties, ranging from €10,000 to €150,000. These combined measures underline Spain’s commitment to fostering transparency, protecting minors, and ensuring accountability in both gambling advertising and influencer marketing.

GROWING LANDSCAPE

Spain’s online gambling industry is experiencing unprecedented growth, highlighting the critical importance of robust regulatory measures to protect players, particularly vulnerable individuals. The latest report from the DGOJ revealed that the market achieved remarkable results in Q2 2024, with gross gaming revenue (GGR) reaching €346.3 million, a 10.79% increase compared to the same period in 2023. Casino games dominated the market, contributing 49.57% of the GGR, followed by betting at 42%. Poker accounted for 7.38%, and bingo remained a niche activity at 1.04%.

This rapid growth emphasizes the sector's immense potential and alignment with global online gambling expansion trends. However, it also accentuates the need for stringent regulations to protect participants, especially as new players enter the market at increasing rates.

By maintaining strict advertising standards, such as limiting exposure to minors and ensuring transparency, alongside promoting responsible gaming practices, Spain is positioned to support the industry's expansion while safeguarding the well-being of players and mitigating risks to vulnerable individuals. These measures are essential in ensuring sustainable growth in a rapidly evolving digital gambling landscape.

 

Gamble Responsibly: Gambling should be enjoyed as a form of entertainment, not a way to earn money. Always gamble within your financial means and set limits to stay in control. You must be 18 or older to participate in gambling activities. If you or someone you know has a gambling problem, seek help from organisations like FEJAR (Federación Española de Jugadores de Azar Rehabilitados) at www.fejar.org. Stay safe and gamble responsibly.

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