Novelties introduced by the Gaming Law

Novelties introduced by the Gaming Law

On November 4, 2022, Law 23/2022, of November 2, 2022, which amends Law 13/2011, of May 27, 2022, on the regulation of gaming, came into force.  This new regulation mainly modifies the regulatory framework of gaming with the aim of protecting participants and fighting against fraud and manipulation of sports competitions. 

However, the main novelties introduced by the Gaming Law are listed below:

General Register of Interdictions of Access to Interconnected Gaming

Among the amendments introduced, it is worth mentioning that, in article 8 already existing in the Gaming Law, a paragraph 3 is added in which the Government is required to set up a Registry of Gaming Access Interdictions (RGIAJ) and to urge the regional authorities to connect the database of said Registry to their own databases of prohibited gamers. In other words, the interconnection of registries should be allowed, since the RGIAJ would be a means of self-protection to prevent gambling addicts from being allowed to enter gambling houses or online casinos.

In this sense, the objective of the RGIAJ is to prevent people with gambling addictions from returning to compulsive gambling, since, with this registry, companies and the administration will be able to prohibit the entry of those registered to online gambling portals. 

In this way, the Gambling or Gaming Law contemplates the implementation of an interconnection of the registers.

Elimination of the infringement of regional regulations as an impediment to holding a license or authorization.

Letter c of section 2 of article 13 is modified and it is established that individuals or legal entities that have been sanctioned by means of a final administrative resolution for two or more very serious infringements in the last four years, for non-compliance with the gaming regulations of the State, may not be holders of the mandatory licenses and authorizations for the development of gaming activities. 

That is to say, the reference of having been sanctioned for non-compliance with the regulations of the Autonomous Communities is eliminated, and only non-compliance with the gaming regulations of the State is maintained as an impeditive circumstance to hold a license for the development of activities related to or subject to the Gaming Law.

Expansion of the competency framework of the Directorate General for Gaming Regulation

Another of the amendments to the Gaming Law is the inclusion of a new paragraph 16 to article 21 which reinforces the power of the Directorate General for the Regulation of Gaming (DGOJ) to control that the measures developed by the gaming operators, in compliance with the applicable regulatory requirements, effectively protect the groups of players at risk.

In this sense, the capacity of the DGOJ to supervise and evaluate that the plans or measures required by the regulations and developed by the gaming operators effectively protect those players considered at risk is reinforced.

Other novelties of interest

An additional tenth provision is added to ensure the safer use of non-fungible digital assets, loot boxes (small payments within a video game that unlock in-game content, for example, a sword for the character) or the mechanics of monetization of the participation of video game users, which must include, at least the regime of commercial communications of these products, the minimum information that the user must know regarding the risks of their use and abuse, and the security measures necessary for proper storage.
Likewise, the ninth additional provision introduced makes an express reference to a technical instrument in which the different actors interested in the eradication of fraud and manipulation of sports competitions will share information and which is called “Global Investigation Service of the Betting Market” (SIGMA). The purpose of this instrument or service is to collaborate in the prevention and control of fraud with the participation of the Consejo Superior de Deportes, the sports federations and professional leagues (through the subscription of agreements with the DGOJ), with the gambling operators (through future resolutions of the DGOJ), the State Security Forces and Corps, and the autonomous police forces.