TECHNOLOGY IN RG
This may be problematic as the infringement is already addressed in the Spanish Gambling Law through Articles 38, 29, and 40. Reintroducing it now with only slight wording changes may create unnecessary legal uncertainty. It is evident that the DGOJ has not enforced these articles to date against suppliers who offer services to illegal operators targeting Spain. In any case, if the Amendment is approved, it would signal a clear shift in the suppliers’ position in Spain similar to the one already applicable in other EU jurisdictions. The Amendment is currently progressing through the parliamentary process, and it remains to be seen whether it will ultimately be approved, given the challenging parliamentary dynamics in the Spanish Congress, which require the consensus of an array of left and nationalist parties to achieve the relevant majority.
The detection model based on a specific algorithm which has been developed and explained by Mr. Mikel Arana, Director of the DGOJ, on various occasions with a high degree of detail. The algorithm uses the real behavior of persons medically diagnosed with a gambling disorder as a reference for its configuration and design. In this way a statistical system based on XGBoost is used, trained with data from 506 people with a clinical diagnosis of pathological gambling. Based on 81 variables inspired by clinical criteria and European standards, risk patterns are identified. The model has been validated with 6,000 real accounts. The result, according to the DGOJ, is a predictive system that will allow alerts to be raised related to anomalous behaviour based on objective data. Lastly, the algorithm will be mandatory for all operators as of 2026, replacing the internal systems that many operators have implemented, although these may be still used in addition to the DGOJ algorithm.
Gambling risk detection algorithm
One of the cornerstones of regulation regarding responsible gambling is the RD on responsible gambling passed in 2023. In accordance with the provisions of Article 24 of this regulation, gambling operators must establish mechanisms and protocols that allow them to detect risky behavior by registered participants. Furthermore, it is stated that the DGOJ must develop this specific mechanism for the use of all operators withing the following two years from the entry into force of the RD on responsible gambling. This initiative comes at a critical time. The advance of technologies, in particular Artificial Intelligence (‘AI’), has given rise to new forms of digital fraud that affect this sector, specifically online gambling operators. The use of deep fakes and automated impersonation tools stand out as the main threats which are transforming the risks associated with user verification processes and the integrity of digital gambling platforms. The objective of this mechanism is to categorize registered players identified as displaying risky behaviour into so-called “intense gambling behavior” or “vulnerable” participants or groups that would be at risk. The aim is to automate the detection processes of these players to be able to apply the restrictions that, according to the regulation, must be applied if this condition persists.
Lottery
The DGOJ published in January 2023 a draft resolution to regulate: (i) the requirements that must be met by the collaborating entities 4 in the commercialisation of lottery games, when through electronic, computer, telematic or interactive channels; and (ii) the obligations of lottery operators related to marketing through these collaborating entities and the webpages, applications or other electronic, computer, telematic or interactive channels owned or operated by the external marketing network. As of now, it remains unclear when this resolution will be enacted. However, it is evident that, in its current form, purchasing a lottery ticket through a collaborating entity does not meet the threshold of consumer protection established for the rest of the online gambling offering. DGOJ developments: Artificial Intelligence systems and advanced data analysis In parallel, and in line with its Draft Strategic Plan 2026- 2030, 5 the DGOJ foresees the implementation of advanced data analysis and surveillance systems based on AI, to strengthen the real-time supervision of online gambling activity. This technology will make it possible to detect suspicious patterns,
4 In Spanish they are referred to as administraciones de loterías , which are the specific shops that sell the lottery. 5 https://www.ordenacionjuego.es/novedades/consejo-asesor-juego-responsable-renueva-su-composicion
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IMGL MAGAZINE | SEPTEMBER 2025
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