TECHNOLOGY IN RG
The impact of this regulation has been, in principle, considered by the DGOJ and even reflected in its Impact Analysis Report that accompanies the Draft RD on joint deposit limits 1 (the ‘MAIN’). While it strengthens consumer protection, the DGOJ acknowledges it may encourage players to consolidate with larger operators, potentially disadvantaging smaller platforms, as multi-operator participants represent 31 percent of the participants in Spain (according to DGOJ data). The online gambling advertisement battle (now the Amendment 176 to the Customer Care Services Bill) It is worth recalling Supreme Court Ruling 527/2024, 2 of April 2, which partially annulled RD 958/2020. The Supreme Court considered that several of its provisions – especially those restricting advertising, sponsorship and promotion of online gambling – lacked sufficient legal grounds and did not pass the proportionality test, as they imposed limitations on fundamental rights without legal backing. In this context, and as a first attempt at a legislative response, the Government promoted an amendment to the Bill for the creation of the State Agency for Public Health, with which it intended to modify the Spanish Gambling Law and to incorporate again, this time with legal rank, the restrictions annulled by the Supreme Court. However, this attempt was frustrated when the legislative project was defeated for political reasons unrelated to the proposed amendment. Following this setback, the Congress of Deputies registered a new amendment, number 176, 3 this time to the Customer Services Bill (the ‘Amendment’) in a new attempt to pass the restrictions annulled by the Supreme Court amending the Spanish Gambling Law and, thus, provide them with the legal backing explicitly required by the judgment. In addition, further relevant amendments have been introduced. On the one hand, the Amendment modifies Article 7 of the Spanish Gambling Law to explicitly re-establish all the restrictions on advertising, promotion, and sponsorship that were previously outlined in Royal Decree 958/2020 and subsequently annulled by the Supreme Court, integrating
them into the legal text. For example, it details conditions for advertising on video platforms and social networks, limiting them to accounts or channels dedicated to gambling and requiring filtering mechanisms to prevent minors from viewing these ads, along with periodic responsible gambling messages. Additionally, it stipulates that promotional communications can only be addressed to existing customers – defined as participants with an active and verified account for at least 30 days – and such promotions can only be displayed in a dedicated section of the operator’s website or in authorized physical locations, such as lottery premises. This effectively bans the use of sign-in bonuses or offers targeted at new player registrations. The amendment also prohibits the appearance and use of celebrities or well-known personalities in gambling advertisements. On the other hand, the Amendment goes further and effectively prohibits the use of anonymous payment methods (such as prepaid cards, unidentified digital wallets and similar instruments). Operators would only be permitted to accept payment by means registered in the player’s own name. The reform provides players and gambling operators with a six- month grace period to register their payment methods in accordance with the new requirement. Finally, the Amendment aims at introducing a new requirement affecting gambling providers such as gambling platforms, gambling software, aggregator systems, and similar components – essentially, any supplier offering technical systems or services to licensed gambling operators in Spain. If approved as published, the DGOJ will set up a Register of Gambling Suppliers, that would entail mandatory registration for all suppliers to the industry. The purpose of this register is to combat illegal gambling by controlling suppliers as the Amendment introduces a new specific serious infringement for those gambling suppliers who provide gambling platforms, software, or aggregator systems to companies operating in Spain without a license. Penalties may include (i) fines between €100,000 and €1,000,000 and (ii) the suspension of activities in Spain for up to six months.
1 https://www.dsca.gob.es/sites/default/files/20230901_rd_main_modificacion_rrdd_limites_conjuntos_info_publica_0.pdf 2 STS 527/2024, de 2 de abril (ECLI:ES:TS:2024:1922) https://www.poderjudicial.es/search/AN/openDocument/b50476705bbb- 4b52a0a8778d75e36f0d/20240419 3 https://www.congreso.es/public_oficiales/L15/CONG/BOCG/A/BOCG-15-A-12-3.PDF
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IMGL MAGAZINE | SEPTEMBER 2025
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