PORTUGAL Law and Practice Contributed by: Pedro Cortés and Luís Portela de Carvalho, Lektou
ing exclusively or mainly on luck”, adding that “any other games in which gain and loss are determined exclusively by chance are also considered games of fortune or chance”. 3.4 Definition of Online Gambling The RJO defines online games of fortune or chance as “a game that involves the payment of a monetary amount and whose outcome is contingent, depending exclusively or mainly on luck”. “Online gambling and betting” are also defined there- in as games of fortune or chance, fixed-odds sports betting and mutual or fixed-odds horse race betting conducted remotely by electronic, computerised, tele- matic or interactive means. 3.5 Key Offences Land-Based The operation of land-based gambling in Portugal is reserved to the State and may only be carried out under a valid concession. Activities conducted out- side the concession framework are criminally prohib- ited. The principal offences include the following. • Unauthorised operation of games of fortune or chance ‒ organise, manage or operate games of fortune or chance without a concession or out- side authorised casino or bingo premises. Liability extends to anyone controlling the venue or equip- ment used for the games. • Participation in unlawful gambling ‒ players who knowingly take part in unlicensed gambling may be subject to fines and forfeiture of winnings. • Use of premises for illegal gambling ‒ allowing or tolerating the use of premises for unauthorised gaming, particularly in hospitality or entertainment venues. • Advertising or promotion of unauthorised gam- bling ‒ promoting or publicising unlicensed games, including distribution of gaming materials or infor- mation that directs the public to illegal venues. • Manufacture or distribution of unauthorised gaming equipment ‒ production, importation or supply of gaming devices without approval.
• Breach of concession terms and conditions ‒ concessionaires or bingo operators who introduce unauthorised games, fail to comply with account- ing or AML obligations, or otherwise breach their contracts may be committing administrative offences that may result in suspension or revoca- tion of their licence. Online The RJO establishes a closed licensing system under which only operators duly authorised by the SRIJ may offer remote gambling and betting to players located in Portugal. Any operation, promotion or facilitation of online gam- bling outside this framework is unlawful and may trig- ger criminal or administrative liability. The principal offences include the following. • Operation of unlicensed online gambling or bet- ting ‒ offering, organising or providing online games of fortune or chance, fixed-odds sports betting or horse race betting without a licence is a criminal offence. The prohibition applies both to domestic and offshore operators that target Portuguese play- ers through language, currency, or marketing. • Promotion or facilitation of unauthorised gambling ‒ advertising, marketing, or otherwise promoting access to unlicensed websites ‒ including through affiliate links, sponsorships, or payment processing ‒ is prohibited. The restriction extends to inter- mediaries that knowingly enable or support such activity. • Participation in unlawful online gambling ‒ players who intentionally use unlicensed gambling services may be fined and are subject to forfeiture of any winnings derived from such activity. • Manipulation or fraudulent conduct ‒ interfering with gambling software, manipulating bets, or using insider information to obtain an unfair advan- tage constitutes a criminal offence and may fall within the general provisions on fraud or cyber- crime. • Non-compliance by licensed operators ‒ licensees that fail to comply with their technical, AML/CTF, reporting or responsible-gaming obligations com- mit administrative offences, which may be subject
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