Paula Gonzalez

Spain: First insights on the Draft Royal Decree on Gambling Advertising.

Authors: Paula González de Castejón & Elisa Lorenzo. As indicated in our previous entry in this blog, the Spanish Government has presented today the new Draft Royal Decree on Gambling Advertising in a press conference where the main measures contained on the said draft have been announced. The Spanish Ministry of Consumer Protection Affairs (Mr. Alberto Garzón) has announced that the Draft Royal Decree on Gambling Advertising will be released on Monday. After that publication, the so called informative process will start and therefore, all interested parties would be entitle to file comments to the proposed wording. From the information …

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Spain: Online gambling advertising, what’s coming next.

Authors: Paula González de Castejón and Elisa Lorenzo  As previously mentioned in this blog, the only piece of regulation of advertising of online gambling activities in force in Spain is by now a Self of Conduct Code that was approved in 2012. This code, which has been updated recently, has been accepted by most of the operators, being therefore de facto fully applicable in the Spanish market. However, for a long time the Spanish Government has announced its intention to publish a specific piece of regulation covering the advertising of gambling activities. On 2016 a first Draft Royal Decree regulating …

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Spanish Supreme court ruling: VAT on advertising services provided to non-EU gaming operators

Author: Alberto Lobato The Spanish Supreme Court has recently ruled against a Spanish entity of a well-known gambling operator, sentencing to pay over 980,000 euros of VAT accrued on advertising services provided to a Gibraltarian entity of the group. In its judgement, the Supreme court analyses whether or not advertising and marketing services provided by one of the entities of the gambling operator to another entity of the group domiciled in Gibraltar, operating worldwide in the online gaming business, are subject to Spanish VAT. In this regard, the general rule is that services rendered between VATable entities are located at …

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Spain: Tips for drafting gambling operators TT&CC

Author: Elisa Lorenzo The Spanish Gambling Regulator (the “General Directorate for Gambling Affairs” or “DGOJ”) has recently published some guidelines containing very useful recommendations for the drafting of the terms and conditions (TT&CC) which online gambling operators licensed in Spain should apply while dealing with Spanish customers, and defining the main principles, criteria and practices that said TT&CC should comply with. These guidelines are published with the aim to (i) facilitate the online gambling operators the drafting of their TT&CC, ensuring that abusive clauses are not included in this type of agreements; (ii) reinforce the legal certainty for all participants …

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Spain: News on the online gambling advertising code of conduct

Authors: Elisa Lorenzo and Lucia Signes. On 14 November 2019, a proposal to amend the Self-regulation Code of Conduct on Commercial Communications for Online Gambling Activities has been agreed by the Self-Regulation Code of Conduct Joint Monitoring Commission (Comisión Mixta de Seguimiento del Código de Conducta sobre Comunicaciones Comerciales de las Actividades de Juego) which will enter into force for all adherent members on 15 January 2020. The updated Spanish version is available here. Particularly, significant limitations related to bonuses and advertising promotions have been established in the draft amendment, including, among others, that bonuses or promotions may not be …

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Ceuta&Melilla: requirements for reduced gambling tax rates

Authors: Alberto Lobato & Elisa Lorenzo  With the aim to promote gambling companies to be based in the Spanish Territory – particularly in the territories of Ceuta and Melilla-, the Spanish Government introduced an amendment to the Spanish Gambling Law (Law 13/2011 on gambling activities) in 2018 establishing a 50 percent reduction in the applicable gambling tax rates (except for Sport Betting organized at a State level) for operators with tax residence and actually established in the Autonomous Cities of Ceuta and Melilla. Of course, in order to be eligible for these reduced tax rates, the operator must be tax …

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Spain: No more betting on events participated by minors

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.

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Spain: New guidelines for the prevention of fraud

Authors: Elisa Lorenzo/Paula González de Castejón The Spanish gambling regulator (the General Directorate for Gambling Affairs or “DGOJ”) has recently published a document containing technical guidelines on the prevention, detection and management of fraud on online gambling activities. The Spanish version is available in the following link. These guidelines are aimed at ensuring that all online gambling operators licensed in Spain count with an adequate policy for the prevention, analysis and management of fraud activities aligned with the criteria of the DGOJ. This is the first time the DGOJ publishes their criteria in connection with the specific rules that online …

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Spain: International liquidity for Poker finally approved

On 29 December 2017, the General Directorate for the Regulation of Gambling Activities (Dirección General de Ordenación del Juego – the “DGOJ”) announced on its website the signature by the General Director of the DGOJ of the Resolution by which the liquidity sharing between licensed online poker operators is authorised (the “Resolution”). Today, 15 January 2018, the Resolution has been published in the Spanish Official Gazette and, consequently, from now on gambling operators with a Singular License for poker will be entitled to offer tables and tournaments involving users from the jurisdictions that have signed the Agreement concerning online poker …

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SPAIN: Re-opening of the market

On Saturday it has been published in the Spanish Official Gazette the resolution launching the call for tender for obtaining new general licenses for exploiting gambling activities in Spain. Singular and general licenses can be applied simultaneously. As anticipated in a previous blog entry, this means that within the next one (1) year, interested parties can apply for obtaining new general licenses. Consequently, the deadline for submitting the corresponding applications will be 17 December 2018. Once the licenses applications have been filed, the DGOJ will have a maximum time period of 6 months to review the applications and if applicable, …

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Spain: new developments on gambling advertisement

Following the announcement of the publication of the draft Royal Decree regulating gambling advertising activities, we hereby highlight some of the main developments therein included: 1) Commercial communications related to bingo may be offered outside the allocated slot times established in Law 7/2010 of General Audiovisual Communications provided that (i) such commercial communications exclusively refer to bingo, (ii) the website’ URL published in the commercial communications exclusively has information related to bingo, and (iii) the operator platform duly separates the access to bingo from the access to other gambling games. 2) Commercial communications must include (i) a warning message stating …

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Spain: New draft Royal Decree on gambling advertising

The DGOJ has just published a new draft version of the Royal Decree regulating gambling advertisement activities. Two years ago another draft was published but it was finally not passed due to certain changes on the Spanish authorities. This new preliminary draft, even though is still subject to the public consultation stage, aims to ensure an adequate level of protection for gambling consumers, both in advertising and in gambling practices, as well as for other vulnerable groups like minors. Within the public consultation phase that it has been opened now, the DGOJ invites all interested parties to make their contributions …

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Announcement of re-opening of the Spanish online gambling market

As anticipated in a previous blog entrance dated on 12 September, the DGOJ has just published in its website the draft call for tender. As a main difference from previous call for tenders, is seems that the time frame for operators to file their licenses applications will be of one (1) year from the publication of the call for tender in the Official Gazette (it has not been published yet) instead of one (1) month. Nonetheless, the maximum time frame for the the DGOJ to resolve on the granting of the licenses will remain the same, that is to say …

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Possible re-opening of the Spanish online gambling market

The Spanish authorities could be considering publishing a new call for tender by the end of 2017. Taking into account the following factors, the online gambling market could benefit soon from a new call for tender; 1.- Time elapsed since the previous license-call The second call for tender was published on October 31, 2015. Therefore, it has been more than 18 months since the last call and therefore, interested parties were allowed to request the promotion of a new procedure for applying for online gambling licenses. 2.- Positive development of the Spanish online gambling market The figures and statistics arising …

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