PORTUGAL Law and Practice Contributed by: Pedro Cortés and Luís Portela de Carvalho, Lektou
6. Online Gambling 6.1 B2C Licences
organisational, technical and financial capacity. While Portuguese law does not prescribe a fixed list of indi- vidually licensed roles, applicants must designate responsible persons for certain roles (compliance, technical-system management, etc) in the official application form ( pedido de licença/prorrogação ). The SRIJ may request evidence of relevant professional experience or qualifications for these functions during licensing or subsequent supervision.
Portugal applies a B2C licensing model for all forms of remote gambling and betting regulated under the RJO. Only operators holding a valid licence issued by the SRIJ may offer gambling or betting services to players located in Portuguese territory. Licences are granted per game vertical – such as games of fortune and chance (casino), fixed-odds sports betting, or bingo – and are valid for three years, renewable upon continued compliance. Appli- cants must be companies incorporated in Portugal or branches of EU/EEA-incorporated entities registered locally. Each licence authorises the operator to offer games directly to consumers via approved digital plat- forms and domains connected to an SRIJ-certified technical system. B2C licensees are responsible for all aspects of the gaming offer, including player registration and verifi- cation, AML/KYC compliance, responsible-gambling controls, and data and transaction reporting to the SRIJ. They must also ensure segregation of player funds, transparency of rules and RTPs, and real-time integration with the regulator’s monitoring environ- ment. Bonuses, marketing and advertising must com- ply with national advertising law and cannot target minors or vulnerable persons. Operating or promoting B2C gambling services with- out an SRIJ licence is a criminal offence, subject to fines, licence blocking and other enforcement meas- ures under the RJO. 6.2 B2B Licences (Suppliers, Software, Etc) Portugal does not operate a stand-alone B2B licens- ing regime for gaming suppliers, aggregators or soft- ware providers. However, suppliers providing gaming platforms, RNGs, game content, or related technology to the B2C licensed operators must ensure that their products are certified by testing laboratories recog- nised by the SRIJ. Certification is conducted in accordance with the Technical Regulation for Remote Gambling Systems ( Regulamento no 903-B/2015 ), which sets out require-
5. Land-Based Gambling 5.1 Premises Licensing
Land-based casino operations in Portugal may only be carried out within the geographic gaming zones established by the State under the Gaming Law and are subject to an exclusive concession awarded by public tender. Each concession authorises the con- struction, fitting-out and operation of a casino com- plex within the defined zone, together with the provi- sion of hospitality, entertainment and tourism facilities required under the concession contract. Casino premises must be approved by the govern- ment through the SRIJ, which verifies compliance with technical, architectural and security standards before any gaming activities may commence. Any substantial alteration, expansion or relocation of gaming areas requires prior authorisation. Only the concessionaire may operate the licensed premises, and sub-conces- sions or transfers are not permitted. Bingo halls located outside casinos are subject to separate premises licensing, typically granted by the SRIJ under the oversight of local authorities. Authori- sations specify the venue, maximum capacity, oper- ating conditions and technical layout of the gaming floor, and are non-transferable without prior regulatory approval. The operation of gaming premises outside the author- ised zones or without a valid concession constitutes a criminal offence under the Portuguese Gaming Law (see 3.6 Penalties for Unlawful Gambling ).
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