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Is Gambling Legal in Spain?

Regulated
Gambling is fully regulated at national and regional levels, with strict licensing, consumer protection, and responsible gambling measures in place.

Key Information

Last Update 2025
Regulatory Authority Directorate General for the Regulation of Gambling (DGOJ)
License Cost Varies

Regulation by Activity Type

Casinos Regulated
Online Casinos Regulated
Betting Regulated
Online Betting Regulated
Lotteries Regulated
Poker Regulated

Highlights

  • Spain regulates gambling at both national and regional levels, with the 2011 Gambling Act as the primary federal law.
  • The Directorate General for the Regulation of Gambling (DGOJ) oversees licensing and enforcement for online gambling nationwide.
  • Operators must obtain both a general licence (10 years) and singular licences (5 years) for each specific gambling activity.
  • Recent reforms target stricter advertising controls, deposit limits, and enhanced player protection, especially for vulnerable groups.
  • Players are taxed on gambling winnings above €2,500, while lottery prizes over €40,000 are taxed at 20%.
  • Lotteries remain a state monopoly, while other forms of gambling are open to licensed private operators.
  • New measures are being introduced to strengthen ID checks and prevent underage gambling in both online and land-based venues.

Legislation

Primary Legislation

Spain’s gambling sector is governed by a dual legal framework that distinguishes between federal and regional regulation. The core national law is the Spanish Gambling Act (Law 13/2011, de regulación del juego), which establishes the general legal structure for the regulation, supervision, control, and sanctioning of gambling activities conducted at the national level, particularly online gambling. This law sets out the types of gambling permitted, the requirements for operators, and the mechanisms for consumer protection and responsible gambling. It applies to online betting, casino games, poker, and other forms of remote gambling that operate across Spain.
  • The Spanish Gambling Act (Law 13/2011) is the principal legislation for online gambling and national-level activities.
  • Each of Spain’s 17 autonomous regions and the autonomous cities of Ceuta and Melilla have their own laws and regulations governing land-based gambling (such as casinos, bingo halls, and betting shops), resulting in a diverse regulatory landscape for physical gambling establishments.
  • Lotteries are regulated separately, with the national monopoly held by Sociedad Estatal Loterías y Apuestas del Estado (SELAE) and the Organización Nacional de Ciegos Españoles (ONCE) for charitable lotteries.
  • Additional sector-specific regulations include Royal Decree 958/2020 on commercial communications for gambling activities, which governs advertising and marketing, and Royal Decree 176/2023, aimed at enhancing safer gambling environments and player protection.
  • Anti-money laundering and player verification requirements are established under national AML legislation, which applies to both online and land-based operators.

Regulatory Authority

Oversight and enforcement of gambling laws in Spain are divided between national and regional authorities, depending on the scope and type of gambling activity.
  • The Directorate General for the Regulation of Gambling (Dirección General de Ordenación del Juego, DGOJ) is the central regulatory authority responsible for supervising, authorizing, and monitoring online gambling and all gambling activities that operate at the national level.
  • The DGOJ’s key responsibilities include issuing regulations, ensuring compliance with the Gambling Act, enforcing responsible gambling standards, monitoring advertising, and sanctioning violations.
  • Regional governments (autonomous communities) are responsible for regulating, licensing, and supervising land-based gambling establishments within their territories, including casinos, bingo halls, and betting shops. Each region has its own regulatory body and legal framework for these activities.
  • Lotteries are managed by SELAE and ONCE under national oversight, with strict regulatory controls for their operation.
  • Additional oversight for advertising and audiovisual communications may involve the National Commission of Markets and Competition (CNMC) in coordination with the DGOJ.

License Types

Overview of the Spanish Gambling Licensing System

Spain operates a dual licensing regime for gambling, with a clear distinction between federal and regional licensing. Online gambling at the national level is regulated by the Directorate General for the Regulation of Gambling (DGOJ), while land-based and some online activities at the regional level are managed by the 17 autonomous communities and two autonomous cities. Only licensed operators may legally offer gambling services in Spain.

Types of Gambling Licenses

  • General Licenses (Licencias Generales):
    • Bets: Covers fixed-odds betting, pool betting, and exchange betting.
    • Contests: For games where prizes are awarded based on player skill or chance.
    • Other Games: Includes casino games, poker, bingo, and similar products.
    A general license is mandatory for any operator seeking to offer a category of gambling activity.
  • Singular Licenses (Licencias Singulares):
    • Specific to each individual gambling product (e.g., blackjack, roulette, sports betting, poker).
    • Each product offered under a general license requires its own singular license.
  • Regional Licenses:
    • Required for land-based gambling and, in some cases, region-specific online gambling.
    • Issued by the relevant regional authority, with requirements varying by region.

Application Process and Duration

  • Eligibility:
    • Applicants must be incorporated as a public limited company (Sociedad Anónima) in Spain or another EEA country.
    • Foreign operators must appoint a permanent representative in Spain.
    • The company’s corporate purpose must be restricted to gambling operations.
  • Application Procedure:
    • General licenses are granted through public tenders announced by the DGOJ. These tenders are not always open; they are launched periodically.
    • Singular licenses can be applied for at any time, but only after obtaining the corresponding general license.
    • Applicants must submit extensive documentation, including corporate documents, evidence of financial solvency, technical project plans, responsible gambling policies, AML and fraud prevention measures, and contracts with suppliers.
    • Technical systems must be certified by authorized testing laboratories.
  • Duration and Renewal:
    • General licenses are valid for 10 years and are renewable for successive 10-year periods.
    • Singular licenses are typically valid for 1 to 5 years, depending on the gambling product, and are renewable.
    • Renewal requires ongoing compliance with regulatory requirements and submission of updated documentation.

Licensing Costs and Financial Requirements

  • Federal (DGOJ) Licensing Fees:
    • Technical report fee: €38,000 (one-off, per application).
    • Registration fee: €2,500 (per license application).
    • License issuance fee: €10,000 (per license granted).
  • Financial Guarantees:
    • Operators must provide bank guarantees or other forms of financial security, the amount of which varies depending on the type and scope of the gambling activity.
    • Operators must maintain a bank account in Spain dedicated to player funds protection.
  • Additional Costs:
    • Costs for technical system certification, ongoing compliance audits, and responsible gambling measures.
    • Regional license fees vary by jurisdiction and gambling type.

Key Requirements for Obtaining and Maintaining Licenses

  • Corporate and Legal Requirements:
    • Company must be incorporated in Spain or the EEA as a Sociedad Anónima or equivalent.
    • Corporate purpose limited to gambling activities.
    • No outstanding tax or social security debts.
  • Technical and Operational Requirements:
    • Implementation of robust technical systems certified by authorized laboratories.
    • Internal control systems for transaction monitoring and regulatory reporting.
    • Responsible gambling tools, including self-exclusion and deposit limits.
    • Strict KYC (Know Your Customer) and AML (Anti-Money Laundering) protocols.
  • Ongoing Compliance:
    • Regular submission of financial, technical, and player protection reports to the DGOJ.
    • Annual audits and technical reviews.
    • Immediate notification of any significant changes in company structure, technical systems, or compliance policies.
    • Cooperation with regulatory investigations and inspections.
  • Player Protection:
    • Mandatory participation in the General Register of Gambling Access Bans (RGIAJ) for self-exclusion.
    • Provision of responsible gambling information and assistance to players.
    • Implementation of deposit limits (with new joint deposit limit system expected in 2025).

Summary Table: Spanish Gambling License Types and Key Features

License Type Scope Application Validity Fees (Federal) Renewal
General License Category (bets, contests, other games) Public tender 10 years €38,000 (tech report) + €2,500 (registration) + €10,000 (issuance) 10 years, renewable
Singular License Specific product (e.g., poker, roulette) After general license 1–5 years €2,500 (registration) + €10,000 (issuance) 1–5 years, renewable
Regional License Land-based/region-specific online Direct to regional authority Varies by region Varies by region Varies by region

Gambling Tax

Tax Rates for Gambling Operators in Spain

Type of Gambling Tax Rate Tax Base Notes
Online gambling (betting, casino, poker, bingo) 20% Gross Gaming Revenue (GGR) Applies to all licensed online operators
Land-based gambling Varies by region Typically GGR or turnover Each autonomous community sets its own rates and bases
State lotteries (SELAE, ONCE) Monopoly; not subject to standard operator tax Special regime Lottery prizes above €40,000 taxed at 20% (see below)

Basis for Taxation

  • For online gambling operators, tax is levied on Gross Gaming Revenue (GGR), which is the difference between amounts wagered and winnings paid out to players.
  • Land-based gambling taxation is determined by each autonomous community and may be based on GGR, turnover, or other metrics, depending on the region and the type of gambling activity.

Tax Reporting and Payment Requirements

  • Licensed operators must register with the Spanish Tax Agency (Agencia Tributaria) and file regular tax returns detailing their GGR and corresponding tax liability.
  • Tax payments are typically due quarterly, though specific reporting and payment deadlines may be set by the DGOJ or regional authorities.
  • Operators are required to maintain detailed records of all gambling transactions and provide supporting documentation during audits or upon request by authorities.
  • Failure to comply with tax reporting or payment obligations can result in significant penalties, including fines and possible suspension or revocation of the gambling license.

Special Taxation Provisions and Incentives

  • In 2018, the general GGR tax rate for online operators was reduced from 25% to 20% to encourage market growth and compliance.
  • Lottery prizes from SELAE and ONCE are subject to a special tax regime: prizes above €40,000 are taxed at 20% on the amount exceeding this threshold. This tax is withheld at source by the lottery operator.
  • Some autonomous communities may offer tax incentives or lower rates for land-based operators, but these vary regionally and are subject to local legislation.
  • No broad exemptions exist for commercial gambling operators at the national level; all licensed operators are subject to the standard GGR tax unless a specific regional provision applies.

Summary Table: Key Taxation Aspects

Aspect Details
Standard online operator tax 20% of GGR
Land-based operator tax Set by region; varies by activity and location
Lottery prize tax 20% on winnings above €40,000 (withheld at source)
Reporting frequency Quarterly (generally); may vary by region
Tax incentives Reduction of GGR tax from 25% to 20% for online operators since 2018; possible regional incentives for land-based operators

Additional Notes

  • Operators must comply with both national and, where applicable, regional tax obligations.
  • There are no general exemptions for commercial operators, but charitable lotteries and some non-profit games may fall under special regimes.
  • Strict compliance with tax reporting and payment is enforced by the Spanish Tax Agency and the DGOJ.

Prohibited Individuals

Age Restrictions and Identification Requirements

  • The minimum legal age for all forms of gambling in Spain is 18 years old. Operators are strictly prohibited from allowing minors to participate in any gambling activity.
  • Online gambling operators must conduct robust identity verification checks under Know Your Customer (KYC) and Anti-Money Laundering (AML) rules to confirm players' age and identity before allowing access to gambling services.
  • Stricter identification requirements are being introduced for land-based venues, including mandatory ID verification at slot machines and other gambling devices to prevent underage access.
  • Self-excluded individuals and those legally incapacitated are also denied access through centralized registers and ID checks.

Prohibited Activities and Game Restrictions

  • Lotteries and scratch cards at the national level are exclusively operated by state monopolies (SELAE and ONCE). Private operators cannot offer these products.
  • Only licensed operators may offer sports betting, casino games, poker, and bingo. Unlicensed gambling, including offshore and black-market sites, is strictly prohibited.
  • Some regions impose additional restrictions, such as limiting the types of games available or the presence of certain gambling machines in specific locations.
  • Proposals are underway to require less addictive game mechanics for online gambling products, aiming to reduce the risk of problem gambling.

Advertising and Marketing Limitations

  • Advertising of gambling products is heavily regulated, with strict limitations on content, timing, and placement.
  • Celebrity endorsements and marketing that links gambling with financial success, social status, or personal achievement are either banned or subject to significant restrictions.
  • Gambling advertisements are generally restricted to late-night hours and may be limited further during live sporting events to reduce exposure to minors and vulnerable groups.
  • Operators are required to ensure that affiliates and marketing partners comply with advertising standards and do not promote unlicensed or offshore gambling sites.
  • Recent court decisions have voided some advertising restrictions, but new, more targeted regulations are expected to be reintroduced, focusing on protecting vulnerable populations and aligning with broader consumer protection standards.

Responsible Gambling and Player Protection Measures

  • Operators must provide clear information about responsible gambling, including access to self-exclusion tools and links to the General Register of Gambling Access Bans (RGIAJ), which prohibits registered individuals from participating in gambling activities.
  • Mandatory responsible gambling tests and behavioral monitoring tools are being implemented to detect early signs of problem gambling and intervene proactively.
  • Deposit limits are being introduced at a national level, with a proposed system to cap player deposits across all licensed operators at EUR 600 per day and EUR 1,500 per week, enforced through a centralized monitoring system.
  • Operators are required to offer self-exclusion options and support for individuals at risk of gambling harm, including referral to counseling and treatment services.
  • Player protection measures extend to both online and land-based gambling, with regional variations in implementation and additional safeguards in high-risk locations.

Geographic and Location Restrictions

  • Land-based gambling venues are subject to geographic restrictions, including minimum distance requirements from educational centers and other sensitive locations. For example, new regulations require gambling establishments to be at least 300 meters (and in some cases 150 meters) away from schools.
  • Each region in Spain may impose further restrictions on the number, type, and location of gambling premises within its jurisdiction.
  • Access control and visitor registries are mandatory for certain types of venues, such as casinos, to monitor and restrict entry by minors and self-excluded individuals.

Timeline

Year/Date Event
1977 Legalization of land-based gambling in Spain, allowing casinos, bingo halls, and slot machines to operate under regional regulation.
1988 General Advertising Law 34/1988 enacted, establishing early rules for commercial communications, including gambling advertising.
2011 Spanish Gambling Act (Law 13/2011) adopted, creating a national regulatory framework for online gambling and establishing the Directorate General for the Regulation of Gambling (DGOJ).
2012 First national online gambling licenses issued under the new Gambling Act, legalizing and regulating online betting, poker, and casino games.
2020 Royal Decree 958/2020 on commercial communications for gambling activities enacted, introducing strict advertising restrictions for gambling operators.
2023 Royal Decree 176/2023 introduced, focusing on safer gambling environments and enhanced player protection measures.
2024 Spanish Supreme Court annuls several provisions of Royal Decree 958/2020, requiring a revision of gambling advertising regulations; new rules on data models and player identification published in June.
2025 Draft Royal Decree for joint deposit limits and stricter ID checks for both online and land-based gambling under parliamentary review, aiming to further protect minors and vulnerable groups.

Requirements

Software Certification and Technical Standards

  • All gambling software used by operators must be certified by independent testing laboratories authorized by the Spanish regulator (DGOJ). Certification covers RNG integrity, game fairness, system security, and compliance with technical specifications set by the DGOJ.
  • Operators must submit detailed technical documentation, including platform architecture, security protocols, and responsible gambling functionalities, as part of their compliance package.
  • Any changes or updates to the gaming platform or software must be reported to and, if necessary, re-certified by the DGOJ before deployment.
  • Operators are required to implement robust system monitoring, logging, and incident response mechanisms to ensure real-time detection and reporting of technical issues or security breaches.
  • Technical systems must comply with the DGOJ’s data model and interface specifications for integration with the central monitoring system, enabling regulatory oversight and data collection.

Data Protection, Privacy Measures, and Server Location

  • Operators must comply with the EU General Data Protection Regulation (GDPR) and Spanish data protection laws, ensuring the confidentiality, integrity, and availability of all personal and financial data.
  • Personal data of players must be processed lawfully, transparently, and only for specified purposes related to gambling operations and regulatory compliance.
  • Operators must implement technical and organizational measures such as encryption, access controls, and regular security audits to protect player data from unauthorized access or breaches.
  • Primary gambling servers and data storage facilities must be located within the European Economic Area (EEA). Operators must ensure that all data relevant to Spanish players and regulatory reporting is accessible to the DGOJ at all times.
  • Operators are required to maintain detailed records of all data processing activities and provide mechanisms for players to exercise their data rights, including access, rectification, and erasure.

Anti-Money Laundering (AML) and Know Your Customer (KYC) Procedures

  • Operators must implement comprehensive AML programs in line with Spanish and EU directives, including risk assessments, internal controls, and staff training.
  • Mandatory KYC procedures require operators to verify the identity, age, and residence of all players before allowing participation. This includes validating government-issued identification and cross-checking against national exclusion registers.
  • Enhanced due diligence is required for high-risk transactions, large deposits, or suspicious activity. Operators must monitor player behavior and flag/report transactions that may indicate money laundering or terrorist financing.
  • Operators must maintain up-to-date records of all KYC checks, transaction histories, and AML reports for a minimum period as stipulated by law, and provide these records to authorities upon request.
  • Recent and upcoming regulations require even stricter ID verification, including real-time checks and system integration with national databases to prevent underage gambling and self-excluded individuals from accessing gambling services.

Financial Reporting, Auditing Standards, and Record-Keeping

  • Operators must maintain accurate, up-to-date financial records, including detailed logs of all player transactions, deposits, withdrawals, and account balances.
  • Regular financial reporting to the DGOJ is mandatory, with operators required to submit periodic reports detailing gaming revenues, player activity, and compliance with deposit limits and responsible gambling measures.
  • Annual independent audits of financial statements and gaming systems are required. Audit reports must be submitted to the regulator and must confirm compliance with all relevant financial and technical standards.
  • Operators must retain all gaming, transaction, and player records for a minimum of six years, ensuring these are readily accessible for inspection by the regulator or law enforcement authorities.
  • Operators must maintain segregated accounts for player funds, ensuring these are protected and not commingled with operational funds.

Responsible Gambling Tools and Technical Implementation Requirements

  • Operators are required to integrate responsible gambling tools, including self-exclusion mechanisms linked to the national General Register of Gambling Access Bans (RGIAJ), deposit and loss limits, and time-out features.
  • Mandatory implementation of a centralized deposit limit system is being introduced, which will cap player deposits across all licensed platforms (e.g., EUR 600 per day, EUR 1,500 per week), enforced and monitored by the DGOJ through technical integration.
  • Operators must deploy behavioral analytics and risk detection algorithms to identify and intervene with at-risk or problem gamblers. These systems must be capable of real-time monitoring and reporting to the regulator.
  • All responsible gambling tools must be easily accessible to players, with clear information on how to use them and links to support resources.
  • Operators must provide regular responsible gambling tests and proactively inform players about available limits and self-exclusion options.

Sources

Primary Regulatory Authorities

Legislation Resources

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Important Information Notice

Gambling regulations are subject to change. The information provided on this page was accurate at the time of publication, but may not reflect the current regulatory landscape. Always consult official sources for the most up-to-date information before making any gambling-related decisions.

Last updated: 18 April 2025