COLOMBIA Law and Practice Contributed by: Juan Camilo Carrasco, Asensi Abogados
2. Jurisdictional Overview 2.1 Online Gambling
Bingo Article 1.3.6 of Agreement 8 of 2020 includes a defi- nition of bingo as a pari-mutuel game and includes a standard set of rules that should govern the game. Slots and Casino Games The online gaming regulation offers a detailed defini- tion of slots, roulette, blackjack and baccarat as part of the gaming portfolio to be offered by an opera- tor. Live casino could be streamed from local casi- no rooms in Colombia that are integrated within the licensed operator’s online platform or from specialised studios abroad. Lotteries It is not permitted to provide betting on the results of lotteries, nor may bets be placed on real events similar in style to lotteries. However, traditional lotter- ies and instant betting may offer recently regulated scratch-card games as instant prize games through online operator platforms. Poker Poker is regulated, and certain rules regarding tourna- ments are included in the regulation. The law states the concept of co-organised operations, which is intended to create liquidity among the operators with a licence in Colombia. International liquidity is not allowed. Social Gaming Social gaming is not specifically mentioned in any of the gaming regulations in force. It should, in any case, be reviewed on a case-by-case basis to verify that the game does not include the essential elements for being categorised as gambling. Online Gaming Offered On-Premises An operator that has a contract (licence) with Coljue- gos to operate online games – including bets on actual sporting events, bets on actual non-sporting events, virtual games and instant prize games – is allowed to offer a portfolio of these listed games through local establishments, but only where the following criteria (or a combination thereof) apply: • casinos, bingo and premises where other games of chance are commercialised (ISIC Code 9200);
Online gaming falls into the category of novelty games according to local regulations. The licensing regime and operating conditions are set out in the Online Gam- ing Regulations (Agreement 8 of 2020 and Agreement 6 of 2023), which cover gaming categories authorised in Colombia. The interested party must comply with legal, technical, and financial requirements, including the game categories that it wishes to offer in its gam- ing portfolio. Operators are entitled to apply for any of the following products: • betting on real sporting events and real non-sport- ing events; • virtual games; • bingo; • slots; • blackjack; • roulette; • baccarat; • poker; • live casino; and • instant prize games. Betting This includes bets on real sporting events and bets on real non-sporting events. Bets may be offered in a fixed-odds capacity or in the exchange betting format. It is prohibited to offer pari-mutuel betting on sporting events as this is part of a specific licence in a different category. Horse-racing events are also not covered, as they are regulated at regional level. The law states that it is forbidden to take bets on the results of real events, such as casino table games, slots and bingo, where the results are defined by a random number generator. Bets on the results of national political events are also forbidden to operators. The regulation also sets out special attributions and prohibitions on events related specifically to bets on financial markets and crypto- currencies.
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