MARKET REPORT: SPAIN ONLINE ASENSI LAW
the regulations for the different types of each one of the games. Particularly, the obligation for the configuration of the player gaming session (by selecting the maximum time and the limit of the amount to spend) foresees in the slots regulation will also be mandatory for other modalities of games, such bingo, roulette or baccarat. In fact, it will be applicable in any gaming with the only exception of tournament poker, given its specific nature.
In terms of in-play betting, the new wording of the Draft Decree clarifies and replaces the current one of the sports betting regulation, being more restrictive in terms of where to stake the winnings of the participant as now it will be limited to the live event where the winnings have been obtained unless they come from a combined bet.
It should be highlighted that the Draft Decree establishes the creation of certain groups of participants and the measures that should apply in order to protect them. In this regard, it is included in the definitions that the young participants are those between 18 and 25 years. Tey cannot be considered as VIP players, nor receive any promotional activity which is unrelated to the game itself.
Te measures incorporated in the Draft Decree try to sharpen and update the already existing provisions on responsible gaming by establishing new obligations for the operators through a more restrictive regulatory approach. In this sense, it should be noted that such a restrictive approach by the Spanish Government at the time of combating problematic gambling seems meaningless, particularly, considering the current statistics and studies, where the level of citizens with behaviour associated to problematic gambling is *0.3 per cent in Spain. Terefore, from our perspective, the pertinence of the restrictive measures that the Draft Decree establish are, undoubtedly, disproportioned compared to the problem that this upcoming regulation will try to address.
CONTROVERSIAL CONTENT OF SOME PROVISIONS
Besides the disproportionated measures previously mentioned, the text of this Bill also includes some controversial provisions.
Tus, the Draft Decree defines participants “with intensive gambling behaviour” as those incurring in weekly net losses of €600 or more for three consecutive weeks. However, in the case of the young participants (aged 18 to 25) they will also be considered as “intensive” when the weekly net losses are equal to or greater than €200 per week for the same period of time.
P66 WIRE / PULSE / INSIGHT / REPORTS
Other remarkable aspects in relation to this matter are the assessment that the operator must conduct upon these participants and the obligations that they receive a specific message and a monthly summary of their gambling activity. Moreover, once the player is considered as “intensive”, the prohibition of certain payment methods should apply as long as they keep such status.
Regarding the previously mentioned amount of losses (€600 / €200), it really calls the attention that the research that supports the draft decree** does not provide any kind of study that concludes that such amount is the appropriate one for all kinds of players without any kind of distinction. On top of that, considering the state of the art as well as that the operators will need to make an assessment about the financial status and sources of income of each participant, it seems that would have been much more reasonable to establish, for instance, an algorithm, or just a simple guideline that sets the way that such figure should be set.
On the same line, the operator would have the obligation to suspend participants with risky gambling conduct, at least for three months, when the origin of the funds comes from the sale of a real state property, company shares or other transferable securities, inheritances, gifts, loans or credits of any kind.
Finally, it should be also highlighted the obligation for the operators of providing information and assistance on safe gambling and risky behaviours through telephone services. In this sense, the Draft Decree adds two requirements to the previous regulations in place. Firstly, the obligation to offer it in Spanish and in the other co-official languages (Basque, Galician, Valencian, Catalan and Aranese), which is a political decision without any relevance in terms of responsible gambling and carries out a considerable cost to the operator. Secondly, the staff shall receive specific training in order to be familiarised with the active measures plan and the safe gambling policies of the particular operator.
In summary, reaching the objective of safer gaming environment for participants through the implementation of responsible and safe gaming measures needs to find the right balance with the burden on operators as well as with the enjoyment of the gaming activity by the participants. Te forthcoming Royal Decree developing safer gaming environments generates several controversies about its pertinence and for the significant effort, in terms of human and economic resources, to be carried out by the operators at the time of implementing the new provisions.
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