BELGIUM Law and Practice Contributed by: Pieter Paepe and Christoph de Preter, EDSON
(c) games organised occasionally (ie, not more than four times per year) by: (d) a local association in the context of a particular event; (e) an association with a social or charitable pur- pose; or (f) a non-profit association for the benefit of a social or philanthropic project. In addition, the Gaming Act explicitly states that it does not apply to lotteries (within the meaning of the Lotteries Act and Articles 301‒303 of the Belgian Criminal Code) or to public lotteries and certain games referred to in the National Lottery Act. A lottery is any transaction offered to the public that is meant to procure a gain by means of chance (Article 301 of the Belgian Criminal Code). A lottery requires that the loss or gain is exclusively determined by chance and without any active involvement or inter- vention from the player, regardless of the player’s skill. There is, however, no requirement that the player com- mit a stake. As a consequence, free transactions may also qualify as a lottery. 3.3 Definition of Land-Based Gambling There is no separate definition of “land-based” games of chance. The general definition of a “game of chance” applies. 3.4 Definition of Online Gambling Online games of chance are games of chance offered via an “instrument of the information society”. An instrument of the information society is defined in Article 2, Section 10 of the Gaming Act as “electronic equipment for processing (including digital compres- sion) and storing data that is entirely transmitted, con- veyed and received by wire, radio, optical means or other electromagnetic means”. 3.5 Key Offences The Gaming Act contains a very broad prohibition clause. Not only is it prohibited to “operate in any place, in any form and in any direct or indirect manner, games of chance or gambling establishments without a licence” (Article 4, Section 1), but (as per Article 4, Section 2) it is also prohibited to:
• participate in illegal (ie, offered without a licence) games of chance; • facilitate the operation of illegal games of chance or gaming establishments; • advertise illegal games of chance or gaming estab- lishments; or • recruit for illegal games of chance or gaming establishments if it is well known that the game of chance or gaming establishment is not authorised under the Gaming Act. Players are also banned from participating in a game of chance if they can have a direct impact on the result (Article 4, Section 3 of the Gaming Act). All these acts are punishable with criminal sanctions. 3.6 Penalties for Unlawful Gambling The operation of illegal games of chance or gaming establishments can be sanctioned with a criminal fine of between EUR208 and EUR960,000. Previously, a prison sentence could also be imposed. However, this provision was abolished by the Act of 7 May 2024, which came into effect on 1 June 2024. Since most violations are committed by legal entities, the legis- lature has decided to increase the maximum fine to EUR960,000 under the same Act. A criminal fine ranging from EUR208 to EUR576,000 will be imposed on persons found guilty of: • participating in and facilitating the operation of ille- gal games of chance or gaming establishments; or • advertising or recruiting for illegal games of chance or gaming establishments. In cases of recidivism or where the infringement involves a person younger than 21 years, these sanc- tions can be doubled. Any person participating in any game of chance in which, by its nature, they could have a direct influence on the result could face a criminal fine of between EUR208 and EUR960,000 if found guilty. Administrative Sanctions The Gaming Act also contains an administrative sanc- tioning mechanism. Under certain conditions, if the
71 CHAMBERS.COM
Powered by FlippingBook