How to apply for a gaming license, what are the requirements?
The Dirección General de Ordenación del Juego (DGOJ) is the body in charge of regulating, authorizing, supervising and controlling gaming activities in Spain. Law 13/2011, of May 27, 2011, on the regulation of gambling, establishes the legal framework for these activities.
To obtain a gaming license in Spain, you must comply with a series of requirements established by the DGOJ. The process of obtaining a gaming license involves several steps and the submission of specific documentation.
How to apply for a gaming license?
The exploitation and organization of games that are not of an occasional nature requires obtaining a general license for the type of game to be organized, commercialized and exploited, whether it is “Betting”, “Contests” or “Other Games”.
Article 3 of Law 13/2011, of May 27, on the regulation of gambling, defines the different types of games:
- “c) Betting: those activities in which amounts of money are risked on the results of a previously determined event and whose outcome is uncertain.
- d) Contests: those activities in which participants compete for a prize based on their skills, knowledge or abilities.
- e) Other games: those gambling activities not included in the preceding letters that are developed through electronic, computer, telematic or distance communication means.”
In order to obtain the license, according to what is established by the DGOJ, both a general license, which enables the exercise of gaming modalities such as betting, contests and other games (article 3 Law 13/2011), and a singular license, which allows the exploitation of each type of regulated game, are required.
- General license: these licenses entitle the holder to exercise the gaming modalities of bets, contests and other games. The granting of such licenses is carried out by the DGOJ after the appropriate call for an administrative procedure guided by the principles of publicity, concurrence, equality, transparency, objectivity and non-discrimination, as set forth in the bidding rules that will govern the call and which will be published in the “Official Gazette of the State”.
- Singular license: these licenses entitle the holder to operate each of the types of games regulated and included in the scope of each general license; therefore, only operators holding a general license may request the corresponding singular license. The granting of such licenses is carried out by the DGOJ in accordance with the regulations adopted for such purpose.
Their minimum duration is one year and maximum five years, which may be extended for successive periods of the same duration. The loss of the general license entails, in turn, the loss of the singular licenses linked to it.
Economic and legal requirements
In the first place, the economic requirements to obtain a gaming license in Spain involve demonstrating financial solvency to cover obligations such as the payment of prizes and taxes through financial statements, credit reports or bank guarantees, in addition to providing guarantees, the amount of which depends on the type of license and volume of business.
Secondly, the legal requirements include the lack of criminal and administrative record, the demonstration of technical capacity to manage games in a safe and reliable manner, the availability of adequate technical and organizational means, the implementation of an internal control system and the presentation of complete legal documentation such as articles of incorporation and gaming regulations.
In addition, it is essential to comply with regulations on money laundering, data protection and responsible advertising.
Time to receive the license
The time to receive a gaming license in Spain varies, but the Gaming Law establishes certain deadlines for the resolution of applications (Article 10).
The DGOJ has a period of 6 months to initiate the general licensing procedure from the request of the interested party, unless it is deemed, based on reasons of general interest, not to proceed with the procedure.
Letslaw, as an expert law firm in the Gaming Law, can help you with the whole procedure.
Paula Ferrándiz es abogada especialista en Propiedad Intelectual e Industrial, Nuevas Tecnologías y Derecho de la Competencia.
Apasionada del sector digital y las redes sociales presta asesoramiento legal a todo tipo de clientes tanto nacionales como internacionales en materia de protección de datos, comercio electrónico, publicidad y marketing digital entre otras.
