The Spanish upper legislative body has approved a fresh gambling regulation that will place a greater emphasis on curbing problematic gambling and imposing further limitations on advertising, following the rejection of several proposed changes to the legislation.
The legislation was initially put forward in May of this year and was approved by the Spanish lower legislative body in September, before being sent to the upper legislative body.
Spain enacted comprehensive advertising restrictions in November 2020, meaning that commercials could only be aired on television and radio between the hours of 1 am and 5 am, and gambling sponsorships of football teams were prohibited. Existing agreements were permitted to continue until the end of the season.
Many of these restrictions were part of Spain’s initial response to the COVID-19 outbreak, when the initial advertising restrictions were implemented. These limitations were subsequently lifted in June, but many were reimposed in the November decree.
The new legislation appears to be reintroducing more of the restrictions that were part of the temporary rules implemented during the COVID-19 pandemic.
The bill emphasizes social responsibility measures in advertising. Operators are not permitted to advertise their products as being beneficial to social standing, physical well-being, financial stability, or mental health.
Marketing materials for wagering activities should not connect gambling with personal or social achievement, nor should they utilize descriptions of cash or extravagant items, nor should they suggest that family and companionship should be less important than wagering.
The Spanish administration will release rules to control the use of loot boxes, non-fungible tokens (NFTs) and other revenue-generating mechanisms. These rules will cover advertising limitations, conveying accurate information about these products to consumers, and safety measures. The legislation also outlines regulations concerning loot boxes and other digital assets.
Moreover, the legislation will introduce a comprehensive wagering market research service, which will process personal information to combat deception in the Spanish wagering industry. The agency will be overseen by the General Directorate for Gambling Regulation (DGOJ).
Penalties for breaking the law range from €150 for minor infractions to €10,000 for serious infractions, from €10,001 to €100,000 for very serious infractions, and from €100,001 to €1 million for extremely serious infractions.
The legislation will take effect one day after its publication in the Spanish Official Gazette.
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