MARKET REPORT: SPAIN ONLINE LOYRA ABOGADOS
REGULATING SECURITY AND RESPONSIBILITY IN GAMBLING: THE SPANISH EXTRAVAGANZA
New regulations aren’t born out of the blue, there is always context to them, whether economic, demographic, technological, ideological, political (not that the later could be separated from the rest) and others. In this case, it is important to understand that both political parties who form the Government in coalition, PSOE and Unidas Podemos, signed an agreement in December 2019, which made it very clear that both parties wanted to “regulate gambling” (yes, more regulation to an over- regulated sector) “in a similar way as tobacco, to prevent fraud and pathological gambling.”
Online gambling advertisement was first on the ‘to do’ list; November 5, 2020, the Royal Decree 958/2020 on gambling commercial communications (the “Advertisement Regulation”), came into force and apart from the 30 articles dedicated purely to advertisements, it also included a section of seven articles on secure and/or responsible gambling measures. Tis notwithstanding, July 2021 a new draft Royal Decree was published titled “Regulation on Implementing Safer Gambling Environments” which would repeal those seven articles of the Advertisement Regulation. Te Administration alleged that the current regulation, including the Advertisement Regulation, had gaps and shortcomings which leaves an awkward feeling on how the previous regulation could become outdated in half a year. Had the context in Spain changed that much?
Apparently, there is a growing social concern about the serious consequences that the consumption of gambling may have on certain individuals, which serves as a driving force to achieve a more adequate level of protection for those most vulnerable groups and those who may be experiencing a gambling problem. However, the data (or its interpretation) is contradicting, and depends on the source that is managed. In any case, the demonisation is such that the Spanish gambling authority has ruled against opening a new window to request new licences for operating gambling in Spain, until further notice.
THE NEW DRAFT OF ROYAL DECREE ON IMPLEMENTING SAFER GAMBLING ENVIRONMENTS
Te latest draft publicly available, dated September 30, 2021, and which supposedly includes all the contributions provided by stakeholders during the public allegation period, has 36 articles, eight additional provisions, a transitional provision, a repealing provision and five final provisions making this regulation very exhaustive and detailed. It is applicable to entities with a licence issued by the state-wide
P68 WIRE / PULSE / INSIGHT / REPORTS
Patricia Lalanda Ordóñez Partner LOYRA Abogados
Patricia Lalanda Ordóñez is a partner at LOYRA Abogados, a gaming and gambling specialised law firm, where she leads the intellectual property, new technologies and data protection department. She advises the gambling industry on licensing, regulatory and compliance, M&A, consumer, advertising, and privacy law issues.
Patricia is also a lecturer on subjects such as landbased and online gaming regulation and market knowledge, blockchain, cryptocurrencies and eSports. She frequently publishes on regulatory developments and opinion in industry journals.
www.loyra.com
patricia.lalanda@
loyra.com
“Apparently, there is a growing social concern about the
serious consequences that the consumption of gambling may have on certain individuals, which serves as a driving force to achieve a more adequate level of protection for those most vulnerable groups and those who may be experiencing a gambling
problem. However, the data (or its interpretation) is
contradicting, and depends on the source that is managed.”
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