SPAIN Trends and Developments Contributed by: Alla Serebrianskaia, Marta de Francisco, Sara Lao and Laura Llorca, Asensi Abogados
Challenges and opportunities in the Spanish market After more than fifteen years of operation, Spain’s regulated online gambling sector is now a mature and consolidated market – increasingly professional, competitive, and committed to continuous improve- ment and sustainable growth. The balance between consumer protection and market vitality will shape the outlook for operators, suppliers, and investors in the coming years. In recent months, we have witnessed how anti-fraud expectations have intensified. The PACS Protocol now runs alongside AML demands, with SEPBLAC press- ing for video identification as a mandatory verification route. Operators face higher onboarding costs, longer KYC cycles, and the need to modernise identity tech without degrading conversion. Regarding responsible gambling, the draft DGOJ Res- olution introducing a standardised model for detecting “risky behaviour” establishes common indicators and thresholds to classify players. Once flagged, users must remain in the “at-risk” category for at least six months. This new framework has raised concerns over potential litigation, uneven technical readiness among operators, and increased friction in the cus- tomer experience. As previously anticipated, the 2024 Supreme Court rul- ing on gambling advertising provided some welcome relief to the sector last year; however, new customer services legislation seeks to reinstate certain prohi- bitions, including those on the use of public figures, bonuses, and online/audiovisual placements, while also imposing stricter consumer-information duties. In addition to this, the most recent measures announced by the Spanish government, such as the warning mes- sages and the joint deposit limits, risk driving some players towards the black market. Excessive restric- tions on user experience, such as frequent warnings or deposit frictions, may unintentionally push players towards unlicensed platforms that lack basic con- sumer protections, undermining the very purpose of these rules. In our view, the increasingly restrictive approach adopted by the regulator in recent years must be bal-
anced in some way. Being a duly licensed operator in Spain should offer tangible advantages, not merely additional burdens. From this perspective, compliance can serve as a competitive advantage. Operators that proactively adopt new regulatory measures and embed efficient compliance systems can reduce the risk of disputes, strengthen trust, and improve their relationship with the regulator. Finally, while technology often advances faster than regulation, this gap presents opportunities, particular- ly in the area of identity verification. In the short term, operators can pilot hybrid KYC (e-ID, advanced docu- ment checks, biometric liveness) to meet SEPBLAC expectations more efficiently than traditional video calls, improving completion rates and unit economics. In addition to the above, the planned Register of Gam- ing Providers is set to enhance B2B visibility and qual- ity. For suppliers, early registration and demonstrable compliance can serve as a competitive differentiator, while for operators, a vetted vendor base simplifies audits and reduces third-party risk. In an increasingly restrictive advertising environment, the gambling sector remains eager for innovation and new products. The DGOJ has received regulatory pro- posals from the industry aimed at extending the range of permitted gambling offerings in Spain to include additional live products. While such initiatives are not currently among the regulator’s top priorities, there is hope that they will soon be considered and inte- grated into the DGOJ’s agenda. Doing so could help reward the efforts of licensed operators and maintain the attractiveness of the regulated market relative to the black market. In summary, it is essential that both the regulations and the DGOJ ensure that the gambling sector is reg- ulated and treated in a manner that meets its needs and expectations, promoting innovation and competi- tiveness for the continued growth and vitality of the Spanish online gambling market.
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