BELGIUM Trends and Developments Contributed by: Pieter Paepe and Christoph de Preter, EDSON
Introduction Land-based games of chance have been regulated in Belgium since 1999, whereas online games of chance have been regulated in the country since 2011. Bel- gian gambling policy is premised on a strict channel- ling policy. Instead of prohibiting the commercialisa- tion of games of chance, the Belgian legislature chose to ensure that players resident in Belgium have access to a limited, safe and strictly regulated offer of games of chance – both offline and online. At the same time, the channelling policy entails a cer- tain, albeit limited, degree of commercial freedom for licensed operators. As was emphasised in a judgment by the Council of State in a case concerning gaming law, “according to one of the principles governing a democratic state, everything that is not prohibited is permitted”. This delicate balancing act requires constant fine- tuning and has proved more challenging than many would have predicted in 1999 or 2011. This is illus- trated by several recent trends and developments – some of which are discussed here. Fragmentary Regulation of Online Games of Chance Even though online games of chance have been allowed under Belgian gambling law since 2011, they remain to a large extent unregulated. In an opinion published in March 2022, the Belgian Gaming Com- mission acknowledged that the regulation applicable to online games of chance is very fragmentary, even ten years after they became regulated. The Belgian Gaming Act allows the government to issue rules regulating online games of chance – for example, imposing the conditions under which the games can be offered, the rules of the game, payment methods, and which games can be offered online. The government can also determine the maximum amount of the stakes for each participation in an online game of chance, as well as the loss and the gain of the players. However, more than ten years after being granted these powers, the government has not exer- cised them. That explains why the regulatory frame- work applicable to online games of chance remains very fragmentary.
This is in sharp contrast to land-based games of chance, which are regulated in detail. A Royal Decree enumerates the games of chance that can be offered in a casino (A licence) and a gaming arcade (B licence). Other Royal Decrees contain detailed “operating” rules for those games of chance. The Belgian Gaming Commission has published “protocols” with detailed information on the gaming machines that can be com- mercialised in casinos and gaming arcades. Betting shops can have a maximum of two gaming machines and are also extensively regulated – for example, the legislature decided that the average hourly loss can- not exceed EUR12.50. General Amendments to the Gaming Act In early 2024, the Belgian legislature made a few major amendments to the Gaming Act. These include: • a ban on advertising of games of chance and bet- ting, except when expressly authorised by Royal Decree; • a ban on the joint offering (“cumul”) of games of chance requiring different licences under a single domain name or URL, along with a requirement for separate player accounts (split wallets); • the establishment of a uniform minimum age of 21 years for participation in all games of chance and betting; and • an official ban on bonuses for land-based and online operators, with a limited exception for land- based casinos. Several licensed operators are pursuing the annul- ment of these provisions before the Belgian Consti- tutional Court, with a judgment expected in late 2025 or early 2026. Strict Regulation for Advertising Games of Chance The Belgian government introduced very strict adver- tising rules for licensed games of chance, both land- based and online, in a Royal Decree of 27 February 2023. The Royal Decree stipulates that all advertising of games of chance is, in principle, prohibited (except when expressly authorised). In 2024, the Belgian leg- islature introduced this prohibition in the Gaming Act. The Royal Decree also introduces horizontally applica- ble restrictions on the advertising of games of chance. Personalised advertising, for example, is prohibited.
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