BELGIUM Law and Practice Contributed by: Pieter Paepe and Christoph de Preter, EDSON
public prosecutor decides not to bring a criminal case but does not question the existence of certain (seri- ous) infringements, the Gaming Commission has the power to impose administrative sanctions. If, however, the public prosecutor informs the Gaming Commis- sion that it will prosecute the facts or that there are insufficient grounds to prosecute, the Gaming Com- mission cannot impose an administrative sanction. The Gaming Commission can impose an administra- tive fine corresponding to the minimum and maximum amounts of the criminal fine. The administrative fine must be imposed based on a reasoned decision. The notification of that decision prevents a criminal pros- ecution for the same facts. The Gaming Act contains a specific procedure to challenge an administrative fine legally. In the case of an infringement, the stakes and other material will be confiscated. A court may order the definitive or temporary closure of the gaming estab- lishment. In this case, the Gaming Commission must withdraw the gaming licence. Natural persons and directors, managers, decision-making bodies, employees and agents of legal entities are liable in civil law to pay any damages, fines, costs, confisca- tions and administrative fines issued for breaching the Gaming Act. Prohibited Websites For many years, the Gaming Commission has pub- lished a blacklist of “prohibited” websites on its web- site, and most Belgian ISPs have blocked access to these sites from Belgian IP addresses. The legal basis for this blacklisting mechanism was formally estab- lished with the Act of 7 May 2024, which amended the Gaming Act. Under the new provisions, the Gam- ing Commission is explicitly required to maintain a list of URLs for websites offering unlicensed games of chance in Belgium. This updated list is published in the Belgian Official Gazette, and the listed websites are reported to internet service providers, who can then block access to these websites “as quickly as possible”. Article 1 of the Lotteries Act stipulates that all lotter- ies are prohibited. Article 302 of the Belgian Criminal Code provides that organisers, entrepreneurs, direc-
tors, representatives and agents of lotteries that are not legally allowed will be punished with a prison sen- tence ranging from eight days to three months and with a criminal fine ranging from EUR50 to EUR3,000. In addition, the movable property staked in the lottery can be seized.
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
The Gaming Commission is the regulatory authority for games of chance and essentially has a threefold task, whereby: • it offers advice on legislative or regulatory issues; • it is responsible for the granting of gaming licenc- es; and • it monitors compliance with the Gaming Act and the royal decrees implementing the Gaming Act. The Gaming Commission can (or must) impose certain sanctions in the event of infringement. 4.2 Regulatory Approach The regulation of games of chance and betting follows a “channelling approach”. To address the inherent human inclination to play, the law seeks to curb ille- gal gambling by offering a limited, strictly supervised, and regulated – yet attractive – lawful alternative. Consequently, the Gaming Act establishes a general prohibition on the organisation and offering of both online and offline games of chance and betting. Only companies holding the appropriate licence are per- mitted to operate and commercialise such activities. In a 2021 judgment, the Constitutional Court stated that the possibility of operating games of chance is, by definition, the exception and precarious. Furthermore, the Belgian legislature has limited the number of avail- able gaming licences (numerus clausus). 4.3 Types of Licences The following land-based and online gaming licences are available:
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