SPAIN Law and Practice Contributed by: Alla Serebrianskaia, Marta de Francisco, Sara Lao and Laura Llorca, Asensi Abogados
Regional Legislation The key legislation for land-based and online gam- bling at a regional level is approved by each of the 17 autonomous regions in Spain and the autonomous cit- ies of Ceuta and Melilla, so each autonomous region has its own Gambling Act and secondary regulations The Gambling Act defines gambling as an activity in which amounts of money or economically measurable objects are put at risk on uncertain and future events – dependent at least to some extent on chance – and that allows these sums to be transferred between the participants, regardless of whether the level of skill of the players is decisive in the results or whether they depend wholly or fundamentally on luck or chance. The prizes can be in cash or in kind, depending on the type of game. developing the Gambling Act. 3.2 Definition of Gambling For clarification purposes, the definition contains three essential components, which are “chance”, “pay-to- play” and “prize”. If any of these elements is absent, the game will fall outside the scope of gambling; thus, the corresponding gambling regulation will not be applicable (for example, pure skill-based games or games offering prizes in virtual currencies with no real monetary value would be exclude). 3.3 Definition of Land-Based Gambling There is no specific or separate definition for land- based gambling. 3.4 Definition of Online Gambling The Gambling Act defines online gambling as games performed through electronic channels, IT and interac- tive systems, when any device, equipment or system is employed to produce, store or transfer documents, data or information, including through any public or private communications network. The communica- tions network can include television, the internet, lan- dlines, mobile phones or any other interactive com- munications system, in real time or recorded. 3.5 Key Offences Given the regulatory distinction regarding the gam- bling sector in Spain, infractions and the related sanc- tioning regime are approved by the Spanish Gambling
Act and by each autonomous region with respect to its territory and competence. In both cases, administrative infractions are divided into three groups: very serious, serious and minor. From the different regulations, the key offences can be summarised as below. Very serious infractions include: • operating without the necessary licence; • the organisation, commercialisation, exploitation or promotion of illegal games; • transferring a licence without the prior consent of the relevant gaming authority; • the manipulation of technical systems or the use of systems or terminals not authorised by the relevant gaming authority; • the unjustified and repeated non-payment of prizes to gambling participants; and • the supply of technical support to unlicensed operators. Serious infractions include: • the granting of loans to participants; • permitting access to gambling to individuals who are prohibited from taking part in it (for example, minors and the self-excluded); • carrying out unauthorised advertising; • non-processing of participants’ claims; • lack of collaboration with the gaming authority or inspection controls; • non-compliance with the requirements and obliga- tions regarding responsible gaming and the pro- tection of players established in the regulations in force; and • promoting or facilitating the participation from Spain in gambling activities through websites other than those legally authorised by gambling opera- tors with a licence in Spain. Minor infractions include: • non-compliance with the obligations contained in the applicable regulations, provided that they are not explicitly typified as serious or very serious infractions;
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