The draft affects the gambling sector in Spain
Draft Royal Decree developing safer gaming environments
This Royal Decree consists of a preamble, 36 articles grouped into three chapters, eight additional provisions, a transitional provision, an exemption provision and five final provisions.
Chapter I, entitled "General Provisions”, introduces the subject matter of the legislation, which consists of the implementation of Law 13/2011 of 27 May 2011 regarding the conditions under which gambling operators’ responsible or safe gambling and consumer protection policies must be developed. In addition, it specifies its subjective and objective scope, affecting entities with an authorisation certificate issued by the state gambling
regulatory authority and gambling activities subject to user identification and gambling account identification.
Finally, this chapter contains a set of definitions.
Chapter II, entitled “Active Information and User Protection Policies”, is divided into two sections. Section 1 contains provisions on the responsible gambling officer, the plan of active measures and the training obligations with which gambling operators must comply. Section 2 contains a set of general information and protection obligations for all gambling operator customers. Thus, this section contains specific information obligations for
these operators’ websites, applications and establishments that are open to the public; a set of obligations are laid down for the configuration of participants’ gaming sessions, the setting of limits on participation in live betting, the presentation of results in the games, their risk assessment and the structuring of a monthly summary of the activity of all participants.
Chapter III, “Additional Active Information and Protection Policies", establishes a set of protective measures beyond those provided for in Chapter II of this draft legislation, targeting certain groups of players, and is divided into three sections. In Section 1, this chapter focuses, first, on establishing specific obligations for players with intensive gambling behaviour, imposing an obligation to send a specific message to this class of player, a
monthly summary of their gambling activity and the prohibition of certain means of payment for as long as they have such status; secondly, this section also includes certain requirements aimed at protecting young participants, such as setting up a personalised message for new young participants and prohibiting the offer of gifts, privileges or benefits to this category of player. Section 2 then lays down a set of specific obligations to be
implemented in the playing environment for players with high-risk gambling behaviour; in this regard, in addition to correctly identifying such players, operators must put in place a set of additional protective measures, such as specific interaction with those participants, their exclusion from promotional activities and the list of privileged customers, restrictions on commercial communications, the setting of limitations on the means of payment used
by these types of customers and the imposition of due diligence measures on the financial means of such players. Finally, Section 3 contains a set of measures aimed at participants who have exercised their powers of self-exclusion and self-prohibition, such as the suspension of their gambling accounts, the restriction of commercial communications aimed at this group, the sending of specific messages of self-awareness or the
establishment of processes for monitoring and detecting possible impersonations by participants registered in the Registro General de Interdicciones de Acceso al Juego (General Register of Gaming Access Bans).
Regarding the additional provisions, the first three lay down specific obligations for gambling operators. The first additional provision lays down the obligation to adhere to systems to prevent the risk of impersonation; the second additional provision lays down the need to collaborate with the government in raising awareness and promoting safe gambling; and the third additional provision lays down the obligation to share any studies on responsible games that may affect these operators with the gambling regulatory authority. In addition, the fourth
additional provision determines the competence of the gambling regulatory authority to modify gambling operators’ authorisation certificates, while the fifth additional provision lays down certain specific measures aimed at gambling operators’ face-to-face gaming activity, including those operators who market state-wide lottery games. In addition, the sixth additional provision lays down a time limit for the adaptation of certain obligations laid down in that regulation for games already marketed by operators. The seventh additional
provision focuses on the need to analyse the possibilities for identifying credit cards used in electronic wallet services. Finally, the eighth additional provision introduces a special provision applicable to the Organización Nacional de Ciegos Españoles (Spanish National Organisation of the Blind), taking into account its particular regime.
The single transitional provision determines the framework for reviewing specialised care services for existing privileged customers.
The single exemption provision provides for the express repeal of Title II of Royal Decree 958/2020 of 3 November 2020, once this Royal Decree has entered into force.
Finally, the first final provision amends certain provisions of Royal Decree 1614/2011 of 14 November 2011, among which are those which are intended to allow the registration in the RGIAJ (General Register of Gaming Access Bans) of persons who have registered in a register of self-prohibited persons of a gambling authority of an Autonomous Community with which a collaboration agreement has been signed. The second final provision
amends the definition of responsible or safe gambling laid down in Royal Decree 958/2020 of 3 November 2020 on commercial communications of gambling activities. The third final provision stipulates that, for a period of two years, the regulatory authority shall develop a risk behaviour detection mechanism to be used by all operators on the terms determined by the regulatory authority. The second final provision empowers the Minister for Consumer Affairs to implement the provisions of this Royal Decree. In conclusion, the fifth final provision provides for the entry into force of this legislation