PORTUGAL Law and Practice Contributed by: Pedro Cortés and Luís Portela de Carvalho, Lektou
4. Licensing and Regulatory Framework 4.1 Regulatory Authority Gaming Commission
to fines and, in serious or repeated cases, suspen- sion or revocation of the licence. 3.6 Penalties for Unlawful Gambling Land-Based The unlawful operation of games of fortune or chance constitutes a criminal offence, punishable by impris- onment of up to two years or by a fine, with heavier penalties for repeated or professional offenders. Players who knowingly participate in illegal gambling may also be fined and have their winnings confiscated. Advertising or facilitating unauthorised gambling can result in imprisonment or fines, and the closure of premises or seizure of gaming equipment may be ordered. Licensed casino and bingo operators that breach concession conditions are subject to administrative penalties, including fines, suspension, or revocation of the concession. Online Operating or promoting online gambling or betting without an SRIJ licence is a criminal offence punish- able by imprisonment of up to five years or by sub- stantial fines up to EUR500,000 for individuals and EUR1 million for companies. Promotion or facilitation of unlicensed gambling may also attract significant fines, while players who inten- tionally participate in unauthorised games risk finan- cial penalties and forfeiture of winnings. Licensed operators that breach technical, AML, or responsible-gaming obligations face administrative fines up to EUR1 million and may have their licence suspended or revoked. The SRIJ may additionally order blocking of websites, interruption of payment channels, and publication of sanction decisions.
The Comissão de Jogos (the “Gaming Commission”) operates within Turismo de Portugal and serves pri- marily as an advisory and deliberative body support- ing the SRIJ in the exercise of its regulatory and super- visory functions. The Commission’s role is to advise on strategic and policy matters related to gambling regulation, pro- vide opinions and recommendations on draft legis- lation, and issue non-binding guidance concerning the interpretation and application of gaming laws. It also reviews certain regulatory proposals prepared by the SRIJ and may give opinions on matters such as concession frameworks, tender procedures, and the approval of new types of games or gaming equipment. While the SRIJ (see below) is the executive and opera- tional authority ‒ responsible for licensing, supervision, inspection, and enforcement ‒ the Gaming Commis- sion functions as a consultative collegiate body, ensur- ing that regulatory decisions align with the broader public-interest objectives of transparency, integrity, and responsible gambling. The Commission is chaired by the President of Turis- mo de Portugal and includes representatives from various ministries, the SRIJ, and other public bodies with competence in financial regulation, consumer protection, and law enforcement. It convenes peri- odically to discuss regulatory developments, assess market trends, and contribute to policy co-ordination between the government and the gambling sector. The SRIJ The SRIJ is the national gambling regulator, operat- ing as a specialised department within Turismo de Portugal under the joint supervision of the Ministry of Economy and directly by the Secretary of State for Tourism. It is vested with administrative, regulatory, supervi- sory, and enforcement powers across both the land- based and online gambling sectors.
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