Most Important Legal Texts
The most important legal text that covers gambling in Spain is the Gambling Act. This was the first major piece of federal gambling legislation introduced since gambling was first decriminalized in 1977. It took a major step in addressing the legality of the best casino sites in Spain to protect the Spanish population better and ensure safe online casinos in Spain are the norm.
Before it was introduced, gambling was previously regulated on a regional basis. However, cross-border gaming from out of country providers was not prohibited, while Spanish online casinos were prevented from operating outside of the country. This created an unfair advantage for foreign operators and some fraud.
Excerpt from the Laws Concerning Gambling in Spain
The Lottery Act 1995
It is forbidden for a gaming operator to provide gambling activities without a licence from the Gaming Authority and activities falling within the definition of gambling cannot be provided, marketed or distributed in Spain without a licence.
Spain
The knock-on effects for Malta
The changes that have been introduced could well affect Malta, and the Maltese economy, both in positive and negative ways.
To look at the drawbacks first, any new legislation designed to limit play is always going to undermine the market’s confidence in the sector. One only has to look at the UK where share prices in companies involved in the gaming sector plunged following a government announcement that tougher regulations could be on the way. With more than 250 betting company licence-holders in Malta being listed on stock markets around the world, this sort of reaction could hurt them too.
It’s worth mentioning, at this point, just how important the sector is to the Maltese economy as a whole. Thanks to fairly liberal legislation and a comparatively light tax burden, online gambling companies have flourished. So much so that the sector is one of the largest contributors to the country’s GDP, estimated to generate around 12% of the annual €12.7 billion total and employing over 9,000 people.
If the Spanish measures work as effectively as they are intended to do, it will certainly encourage people to play less than at the current time. This, in turn, will create less demand for the products and services provided by Maltese iGaming businesses – negatively affecting their bottom line and, by association, the economy too.
However, there is a good chance that what has been bad news for Spanish players could well work in the operators’ favour. This is because there is likely to be considerable push-back against the new restrictions with many responsible online casino players quite rightly feeling that they can limit their own activity without external intervention.
So, they will be looking for online casinos where they can play as much or as little as they want and use whichever method of payment suits them best. Within mainland Europe this leads them directly to Malta where there is a plentiful choice of online casinos and relatively few restrictions.
Spain’s Online Gambling Laws In Brief
Casino gambling in Spain became legalized by royal decree in 1977. After the parliament passed the Gaming Act in 2011, the authorities created the Directorate General for the Regulation of Gambling (DGOJ) with the aim of regulating casino operators across the nation. This is the official gambling regulatory body in the country, working under the Ministry of Finance. Online gambling was also legalized during this period, and the first Spanish-licensed casino sites started popping up.
Over 60 casino sites operate in the Spanish iGaming market under a license issued by the DGOJ. The Directorate-General for the Regulation of Gambling allows operators to offer slots, video bingo, scratch cards, video poker, sports betting and lottery online.
Many European and international brands have entered the Spanish legal market, including William Hill, Bet365, Betway and 888.
All licenced casino operators in Spain must accept Euros and provide online gambling services under the .es domain (the geographic domain extension for Spain).
They also need to pay the state 20% of their revenue in taxes.
The latest changes introduced in the Spanish online gambling legislation require that:
- Players must set maximum time and cash limits for a session lasting at least 24h
- Players will receive messages as a result of monitoring their gambling behaviour (time played, amount wagered or net loss)
- Players identified as serious gamblers (“intensivo”) are not allowed to deposit with a credit card.
A person is allowed to gamble in Spain only if they are 18 or older. Spain should have a new regulator on a national level, the National Gambling Commission (CNJ), but it is not yet formally set up.
Buenos Dias! HolyMoly Casinos managed to learn Spanish while looking for the most interesting and current information about the gambling sphere in Spain. You can sigh with relief, as there are plenty of good Spanish online casinos where you can play legally. To understand how the gambling sphere works in this country, we should have a look at the historical facts, and the laws connected with the Spanish gambling.
The gambling history of Spain isn’t really so interesting. They’ve invented nothing new in gaming, so we'll just tell some of the most prominent facts. We should admit that the history is tightly intersected with the laws. Let’s observe them in the context of these two main aspects. HolyMoly Casinos hopes you understand what we want to tell you. Actually, we can’t understand it ourselves, but let’s try to puzzle out everything together.
Yggdrasil’s premium portfolio of casino games are live in the Spanish market with Casino Barcelona Online.
The launch marks the first time that Yggdrasil’s popular casino games are available to Spanish players, including Golden Fish Tank, Valley of the Gods, as well as the blockbuster games Vikings go Berzerk and Vikings go Wild.
Casino Barcelona, the leading brand in the Spanish casino market, will bring Yggdrasil’s exciting content portfolio to its players via its online platform at Casinobarcelona.es.
Xavier Ballester, Director of Casino Barcelona Online, said: “We are really proud to be the first operator to offer Yggdrasil’s games in Spain and we are certain that their products will help accelerate the growth of our brand as a market leader in the country. “
“We are very impressed with the Yggdrasil games and the outstanding graphics, maths and gamification tools which we are sure will be a hit with our customers.”
Fredrik Elmqvist, CEO, Yggdrasil, said: “We are thrilled to go live in Spain and to offer our games to local players together with such a significant brand as Casino Barcelona.
“The Spanish gaming market has shown consistently strong growth and an increase in popularity over the last few years and we are excited about the upcoming opportunities.
“We are looking forward to a long and successful partnership that will see us continue to bring new and innovative content to the Spanish market with Casino Barcelona.”
(© TimeCreative – stock.adobe.com)Even in the middle of 2021, players in Spain prefer online slot machines over other casino games. Taking into consideration the most up-to-date report from the Directorate General for the Regulation of Gambling (DGOJ), the sums of money that are wagered on slot machines have grown steadily without stopping over the years. Compared to other games such as roulette and baccarat that have suffered notable declines in popularity.
According to the data provided by the DGOJ, in the third quarter of 2020, a surprising sum of more than 1,300 million euros was bet on online slots alone in all of Spain; an increase of 7.70% compared to the second quarter of the same year.
However, the other online casino games did not fare so well. For example, Punto Banco only registered 9,950 euros in bets in the entire third quarter of last year (a decrease of 92.94% compared to the second quarter), something similar happened with conventional roulette that only managed to register about 250 million euros in bets (this being a decrease of 20.34% compared to the previous quarter).
On the other hand, we cannot fail to mention blackjack, where around 267 million euros were wagered for the third quarter in question, thus achieving a slight increase of 0.84%. Another favorite of live betting fans is live roulette. In this quarter they only registered about 950 million euros in bets, showing a fall of 7.47%.
Among the types of slot machines most used among Spanish players we find videoslots, they are so striking because they contain special functions and can be inspired by series, stories, movies and even TV shows; and those with progressive jackpots of up to hundreds of thousands of euros.
Betting Shops
Sports-betting in betting shops was legalized in 2006. The first licensed betting outlets were opened at the beginning of 2008. Betting shops are authorized in all 17 autonomous communities in case they have corresponding licenses. Betting shops often offer food and drinks. The Spanish people are fanatical about sport, so betting on football, basketball, tennis, and horse racing is a huge business.
Sportium, the betting business operated by Cirsa, currently has more than 3,000 betting points of sale in operation across Spain, all of which are wholly dedicated to sports-betting. Sportium primarily focuses on the Spanish retail betting market and has become one of Spain’s leading sports betting destinations for retail and online consumers.
iv Territorial issues
Gambling matters are regulated in Spain on a national and subnational level, depending on the territorial scope of the gambling activity offered.
Spain is a country divided in to 17 autonomous regions, each with their own legal capacity to regulate certain local activities happening within their regional territories. As gambling regulation is a competence transferred to those autonomous regions, each of those regional governments is entitled to regulate gambling matters occurring within its regional territory.
From a practical perspective, this means land-based gambling activities are subject to regional and local regulations, which vary from one autonomous region to another, and online gambling activities are regulated at a national level because they are offered in more than one regional territory.
Having said this, and besides the fact that the applicable legal regime varies quite a lot from one region to another, there are no particular regions or localities in Spain that favour the offering of gambling activities more than others.
✅ Customer Service
Regarding customer service on Spanish casino sites, the ideal is for it to be available 24 hours a day and be fast, by different means (chat, telephone, email) and free (toll-free 800 or 900). If the casino does not have 24-hour attention, make sure that it offers it during the hours that you usually play, when you can suffer an incident.
✅ Variety of Games
If you prefer roulette or blackjack like many Spanish bettors, you should opt for a casino that offers us the different versions of these games. If you like to try the different casino games, it might be better to sacrifice versions of some in search of a wider variety… It depends on the tastes of each person but in general – the more the merrier.
Online Casino Benefits to Players from Spain
Today Spanish players can access some of the very best online casinos in the world thanks to their developed regulatory system and clear laws that are currently in place. This means that you can also enjoy playing on some of the best online casino games in the world (and live dealer games) that have been developed by numerous industry-award-winning online casino software providers such as NetEnt, Playtech, Microgaming and others (e.g. IGT Interactive, WMS Gaming, Evolution Gaming, Red Tiger Gaming, Rival Gaming, Quickspin, Betsoft Gaming and Yggdrasil Gaming).
One of the main benefits to players from Spain who play at foreign gambling sites or home-grown ones is that they all accept Euros. Therefore you can always play in a currency that you are familiar with, plus you can also deposit and withdraw using a wide range of popular Spanish online payment options (e.g. credit cards, debit cards and e-wallets).
You can claim a guaranteed new player welcome bonus when you sign up and deposit for the very first time, plus you can also benefit from some attractive perks, rewards and benefits thanks to the loyalty and VIP programs. That’s not all though. At today’s best Spanish online casinos you can choose between playing on desktop or mobile and either instantly in your web browser or from within a secure download client, plus you get to play in a secure online environment which is protected by the latest and most advanced SSL encryption technology.
The Spanish Digital Gaming Association (Jdigital) analyzed the second quarter report on the financial situation of online gaming in the country, published by the General Directorate of Gaming Regulation (DGOJ), and stated that its results "show the negative period that the industry is going through."
Jdigital's CEO, Jorge Hinojosa, said in a statement that "the latest results made public by the DGOJ are devastating." "The online gaming ecosystem in our country is losing appeal for operators due to the tougher restrictions it is experiencing. Companies in the sector feel that they do not have stable guarantees that allow them to grow in our country," he pointed out.
It should be noted that, according to the Q2 2022 report, Gross Gaming Revenue (GGR) was EUR 203.95 million, about $205.45 million. This amount represents a decrease of -0.29% compared to the previous quarter and a year-over-year decrease of -5.55%.
The report also detailed that the monthly average of active gaming accounts is 996,149, "which implies a decrease of -2.42% compared to the previous quarter and a positive annual variation of 0.3%". "The monthly average of new accounts is 146,057 users, with a quarterly decrease of -5.45% and -25.99% annual rate," the association added.
In this regard, Hinojosa stated that "the most worrying thing is that the decrease in the turnover of licensed operators opens the door to the growth of illegal gambling, exposing users to an unregulated and unprotected game."
Jdigital pointed out that the reported figures emphasize "the feeling of instability and uncertainty that already prevailed in the industry, especially after the approval of the Royal Decree on Commercial Communications of Gambling Activities," which prohibited the advertising of gambling past the early hours of the morning.
Despite this situation, the association pointed out that, "after a few months marked by a progressive slowdown in the gaming sector and facing a complex outlook for the coming months, the Association emphasizes its commitment to safe and responsible gaming and to promote a sustainable development of the industry."
Along these lines, Jdigital stressed that "the best ally for the DGOJ is the industry itself." "We believe that it is more necessary than ever to work together with the regulator to create a solid market that allows operators to grow and protects users, especially the most vulnerable," he concluded.
The Q1 2021 report on the evolution of the online gambling market in Spain has recently been published by the General Directorate of Gaming Regulation (DGOJ). Until 2021, the number of deposits was calculated by adding the deposits informed by each of the operators. The same was done with withdrawals. As of 2021, deposit and withdrawal transactions between companies of the same group are consolidated, with the information in the Internal Control System also defined on a consolidated basis. This adjustment will be applied retroactively both to the quarterly report and to the annual report of the State Online Gambling Market.
MAIN INDICATORS
The GGR for the quarter was €240.08 million (USD 284.4 million), which represents an increase of 3.8% compared to the previous quarter and of 10.19% compared to the same quarter of 2020.
Tables with annual comparison data:
About the rest of the main magnitudes, players’ deposits and withdrawals increased with respect to the previous quarter by 6.08% and 6.41%, respectively. Marketing spending was down by 1.74% compared to the previous quarter and new accounts evolved 7.92% versus the previous quarter.
Tables with main magnitudes:
Variations with respect to the same quarter of the previous year reflected an increase in all concepts.
In the analysis of the GGR by gambling segments, it is observed that the total of €240.08 million (USD 284.4 million) is distributed among the following verticals: a) Betting €110.3 million or USD 130.69 million (45.94%); b) Casino €99.5 million, USD 117.89 million (41.44%); c) Poker €24.95 million, USD 29.56 million (10.39%); d) Bingo €3.6 million, USD 3.27 million (1.50%), and e) Contests €1.73 million, USD 2.05 million (0.72%).
DEEPER EXPLORATION BY SEGMENT
The betting segment had a 6.52% growth rate compared to the previous quarter (Q4 2020) and a decrease of 0.25% compared to the same quarter of the previous year (Q1 2020). Conventional fixed-odds sports betting elevated by 27.77% and live betting fell by 7.69% compared to the previous quarter. In this quarter, other fixed-odds betting advanced by 8.3%.
In the casino segment, there has been a 1.71% growth compared to the fourth quarter of 2020 and a positive annual variation rate of 28.31%. This annual growth was expressed by a 26.76% rise in slot machines and a 54.43% upsurge in live roulette, with positive quarterly variations of 3.26% and 1.22%, respectively. In this quarter, conventional roulette decreased its rate compared to the previous quarter by 4.42% and by 28.49% in the annual rate, in favor of live roulette.
Poker showed a slight growth of 0.04% in the first quarter of 2021 compared to the previous quarter and of 3.11% compared to the same quarter of the previous year. Both cash poker and tournament poker had better results, registering a positive quarterly variation rate of 0.08% and 0.02%, respectively. In comparison with the same quarter of the previous year, cash poker decreased by 17.94% and tournament poker increased by 13.67%.
For its part, bingo experienced a 7.66% reduction compared to the previous quarter, and a 2.42% fall compared to the same quarter of 2020.
In this quarter, contests evolved by 61.96% (v. Q4 2020) and were down by 7.59% in the annual variation rate. This segment presented an irregular behavior, with annual variation rates in the first quarter of -80.20% in 2018; +368.97% in 2019; and +99.50% in 2020.
As a result of these indicators, the percentage distribution of the GGR for the different segments in the first quarter of each year, for the period 2018 to 2021, is shown in this table.
MARKETING, ACCOUNTS AND LICENSES DATA
Marketing spending in the Q1 2021 accumulated a total of €148.37 million (USD 175.8 million), and can be divided into the following items: a) €71.45 million (USD 84.66 million) from advertising; b) €56 million (USD 66.35 million) from promotions; c) €12.4 million (USD 14.69 million) from affiliation expenses, and d) €8.53 million (USD 10.11 million) from sponsorships.
Compared to the previous quarter, this general spending diminished by 1.74% due to a decrease in all items, except from affiliation expenses, which augmented by 1.16%. When compared to the data of the previous year (first quarter of 2020), rates are positive in all types of marketing modalities. In this quarter, promotions have been separated between bonuses released in prized (€20.34 million, USD 24.1 million) and bonuses not included in prizes (€35.66 million, USD 42.25 million).
The monthly average of active gaming accounts was 1.1186 million, which implies a growth of 6.42% versus the previous quarter and an annual variation of +22.73%. The monthly average of new accounts was 422,533 users, with a quarterly and annual increase of 7.92% and 43.51%, respectively.
Of the 80 licensed operators, during the first quarter of 2021, the following ones had been working in the different gaming segments: Betting: 44, Casino: 51, Poker: 9, Bingo: 3 and Contests: 2.
FINAL CONSIDERATIONS
The Spanish online gambling and betting industry has performed well in the Q1 2021, following the global recovery trend after pandemic lockdown and the return of live sports events after June 2020. In terms of the GGR, it has had a 4% improve in Q1 2021 versus last quarter of 2020, and a +20% when looking at numbers of the same quarter of 2020. Casino vertical has grown almost 30% in an annual base, while sports betting recovered after a slight downfall when live events were not available. This segment is now in a good trend to go back to the usual positive figures of times before pandemic.
The advertising restrictions ban has not impacted yet in marketing numbers, but it eventually will. I consider we won’t see its effects until Q3 2021, when traditional sports leagues come back live. If I would have to predict how the Spanish market will evolve, I would say it will stay stable and continue to improve performance, especially in the casino vertical (+30% in slots and +55% in live roulette, in terms of revenue), with sports betting recovering regular enthusiastic numbers. In this sense, I can estimate the Spanish online gaming market to have a GGR performance of €950 million to €1 billion (USD 1.13 to 1.18 billion) by the end of 2021, if the pandemic does not affect live sports events, with the casino segment continue gaining a strong position.
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