Authors: Elisa Lorenzo and Paula González de Castejón
The protection of minors has always been one of the main concerns of the Spanish online gambling regulator (the “Dirección General de Ordenación del Juego” or “DGOJ“). In this respect, the DGOJ has just approved a resolution prohibiting the possibility to offer bets on games participated – mainly or exclusively – by minors. This resolution – which has been published on the Spanish Official Gazette and enters into force today (July 23, 2019)- has been approved after giving interested parties the possibility to file comments to the draft resolution published on June this year.
The DGOJ considers that the offering of bets on events that are mainly participated by minors leads to significant risks. Particularly, the DGOJ has considered adequate to publish this resolution with the aim to: (i) establish a clear separation between the betting environment and any sphere related to minors, as well as (ii) guarantee that the risk of match fixing does not affect those minors participating in the corresponding competitions, which are more subject to be influenced by economic interests of third parties.
Therefore, and in order to protect minors the DGOJ has decided to publish this resolution which intends to impede the placement of bets in all betting games (sport betting, horse racing and other bets) mainly or exclusively participated by minors. The wording of the resolution concludes that online gambling operators having obtained a singular license for bets (in any of its modalities) cannot include in their program of bets any games which are exclusively or mainly played by minors.
The resolution clarifies that it will be considered as “exclusively or mainly played by minors” all events held in the context of a competition that in general terms only allows to participate persons under 18.
This prohibition is enforceable to all online gambling operators having obtained the corresponding licenses in Spain as from today (July 23, 2019).