SPAIN Law and Practice Contributed by: Alla Serebrianskaia, Marta de Francisco, Sara Lao and Laura Llorca, Asensi Abogados
6.2 B2B Licences (Suppliers, Software, Etc) Spanish gambling regulation does not make any dis- tinction between B2B and B2C operators. The regulation provides a definition of “gaming opera- tor”. If a B2B operator meets the requirements estab- lished by the regulation, it is subject to licensing and, technically speaking, will be considered a gaming operator. Consequently, the inclusion of a B2B operator within the definition of a gaming operator, and its require- ment to be licensed, depends on the services that said operator intends to provide within Spain, along with the conditions related to that service. In practical terms, experience has shown that the Spanish regulator understands that a B2B company falls under the definition of “gaming operator” only in exceptional circumstances, such as when: • offering network jackpots; • offering shared liquidity; or • providing all gaming services to a white-label com- pany that only provides the “look and feel”. However, as previously noted, the Draft General Law on Customer Services will introduce amendments to Article 22.1 of the Gambling Act to include a new para- graph (d), establishing the Gaming Providers Registry, which represents a significant change, as it appears that the legislature intends to introduce stricter con- trols over B2B gambling providers. 6.3 Affiliates Affiliates do not need to hold a licence in Spain as long as they do not register clients or maintain an agree- ment or gaming account with them. 6.4 White Labels White-label arrangements in a B2B scenario are permitted provided the provider operating behind the website is duly licensed, since in this case the B2B operator is categorised as a “gaming operator”. The new regulation on advertising establishes a new requirement by which an operator is prohibited from using brands or trade names that are not owned by said operator or by the business group to which such
operator belongs, to identify and differentiate itself from other operators. In addition, depending on the activity developed by the white-label operator (which provides the look and feel), an entity may also be categorised as a “gam- ing operator”. Consequently, it may also be subject to licensing. 6.5 Technical Measures The regulation does not contain specific technical measures to protect consumers from unlicensed oper- ators. However, the DGOJ is entitled to request that internet service providers and financial entities adopt blocking measures within sanctioning procedures ini- tiated against illegal operators. In this sense, block- ing access from Spanish IP addresses and payment blocking are the most common measures. Indeed, the DGOJ has committed to continuing to intensify the existing policy of domain name system (DNS) block- ing and monitoring payment traffic to identify the main black market operators targeting the Spanish market. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements The gambling sector is fully committed to the detec- tion of participation in gambling activities by minors and vulnerable groups. The aim of the responsible gambling requirements is to prevent and correct the negative effects of gambling through the application of different measures. Most of the responsible gambling requirements are compulsory for online operators. The requirements for land-based operators vary by region and prem- ises, and some land-based operators apply additional responsible gambling measures in their businesses, at their own initiative. Key requirements include: • the prohibition of loans to players; • the need to provide clear and accurate information to participants;
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