SPAIN Trends and Developments Contributed by: Alla Serebrianskaia, Marta de Francisco, Sara Lao and Laura Llorca, Asensi Abogados
in the gambling market ultimately depends on the number of operators in which it participates and with which it maintains an open gaming account. In light of the foregoing, the DGOJ proposed a new framework introducing an aggregate deposit limit for individual users across accounts held with multiple operators. This system is intended to function inde- pendently while complementing the existing deposit limit control mechanisms already upheld by each operator. On 20 October, a new draft of the Royal Decree was resubmitted to the Technical Regulations Information System (TRIS) (EC), where the main characteristics and requirements are as follows. • The daily limit is set at EUR700, the weekly EUR1,750, and there is a rolling four-week cap of EUR3,300. The limit-change workflow is adjusted so player-requested increases/removals take effect after three business days. During these requests, operators must ensure players receive clear risk information and support resources, reinforcing prevention. • The testing window is four months. • Prudential safeguards are strengthened by rais- ing financial guarantees: for general licences, the initial guarantee moves to EUR2.5 million; for lot- tery operators, EUR640,000. In subsequent years, these amounts will be set at EUR1.25 million and EUR320,000 respectively. • The draft also clarifies how the new four-week limit is computed from entry into force and provides for periodic updates of guarantees. • It will enter into force six months after its publica- tion in the Official State Gazette, with two excep- tions: (i) revised guarantee amounts start on 1 January of the year following publication; and (ii) amendments to RD 1614/2011 on the permanent representative in Spain and on removing Spanish real estate mortgages as valid guarantees become binding the day after publication. The TRIS consultation process will remain open until 20 January 2026, which means that the final adoption of the Royal Decree, and therefore the entry into force of its provisions, will once again be delayed.
This measure is intended to increase the level of pro- tection for players and strengthen the tools available to them to manage their spending and ultimately pre- vent the emergence of addictive behaviour. However, such interventionist measures could lead to players becoming disenchanted with regulated gambling options, driving them towards less restrictive alterna- tives offered by unlicensed or illegal operators. Current Dynamics and Trends in the Spanish Online Gambling Market Navigating the Spanish market As is widely known, the Spanish online gambling mar- ket is currently closed, with no signs of new public tenders for general licences – which are mandatory for operating in Spain – being launched in the near future. Against this backdrop, it is worth examining how operators are currently navigating the market in order to obtain a licence. In Spain, the transfer of licences is prohibited, except when such a transfer results from a corporate restruc- turing of the licensed entity, in which case it is per- mitted but subject to prior authorisation from the DGOJ. In practice, however, it has become common and accepted to acquire licences indirectly through the purchase of a company that already holds one. Since this involves buying the entire corporate entity rather than the licence itself, the transaction results in a change of ownership but not in the direct transfer of the licence. This approach is lawful under Span- ish legislation and has been expressly endorsed by the regulator. Accordingly, it is currently possible to obtain a licence in Spain, provided there is an existing licensee willing to sell its company. Additionally, it is worth mentioning that the Draft Gen- eral Law on Customer Services will introduce amend- ments to Law 13/2011 of 27 May 2011, to create the Registry of Gaming Providers, which represents a significant change, as it appears that the legislature intends to introduce stricter controls over B2B gam- bling providers. If adopted, this measure could effectively open a window for B2B companies to register formally as approved providers in Spain.
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