MINISTRY OF CONSUMER AFFAIRS GENERAL SECRETARIAT FOR CONSUMER AFFAIRS AND GAMBLING DIRECTORATE-GENERAL FOR THE REGULATION OF GAMBLING

LATEST UPDATE 30 September 2021

DRAFT ROYAL DECREE IMPLEMENTING SAFER GAMBLING ENVIRONMENTS

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OFFICIAL STATE GAZETTE
No 63 Wednesday 15 March 2023 Sec. I. Page 37961
I. GENERAL PROVISIONS
MINISTRY OF
CONSUMER AFFAIRS
6735 Royal Decree 176/2023 of 14 March 2023 implementing safer gambling
environments.
I

Among the public interests whose protection is the primary objective of Law 13/2011 of 27 May 2011 regulating gambling, the prevention of addictive behaviour, the protection of the rights of groups at risk and, in general, the protection of consumers, occupy a prominent place.

With a direct connection to this protection framework, the responsible or safe gambling policies provided for in Law 13/2011 of 27 May 2011 must be understood as the set of elements that shape the supply and consumption of games of chance that lead to reducing the risk of the occurrence of risky, problematic or pathological gambling behaviour in certain participants or to minimising the negative effects that these activities may cause.

In accordance with this approach, gambling operators should promote a commercial, operational and service framework aimed at promoting healthy consumer patterns and preventing or minimising the occurrence of personal, family or property damage, paying particular attention to individuals in different risk situations who, by their nature, are more likely to experience problems with greater severity or prevalence than other participants.

The responsible or safe gambling practices carried out by gambling operators are, by their very nature, integrated into the set of guidelines aimed at establishing an appropriate framework for the protection of persons who use games of chance. Precisely for this reason, these practices must guide the supply of these products towards safer gaming environments, ensuring due diligence in the monitoring of participants’ activities in order to prevent the emergence of risky behaviour.

Thus, the measures on responsible or safe gambling put in place by gambling operators should pay particular attention to groups particularly vulnerable to this activity, including those who are most likely to develop risky gambling behaviours.

Firstly, they must focus on the protection of young participants, as a group that is particularly sensitive to inappropriate messaging and playing patterns, and to those who are involved in this activity and who are engaged in intensive gambling behaviour.

Secondly, they must establish an optimal protection framework for those participants, regardless of their age, who are in danger of developing risky behaviours in their gambling activity or those other groups that have already developed such behaviour.

Finally, more broadly, safe or responsible gambling policies should direct their efforts in protecting all types of players, regardless of the risks they face from the above point of view.

As stated in Law 13/2011 of 27 May 2011, responsible gambling or safe gambling policies must be addressed by strengthening areas such as reporting obligations, promoting campaigns and awareness-raising studies, mechanisms for detecting problematic gambling behaviours or preventing the emergence of such behaviour or their aggravation once they have been detected.

From this perspective, electronic, IT, online and interactive channels have great potential in implementing such measures.

In this regard, among other measures consolidated since the beginning of the state-regulated gambling market and fully established in our legal system today, we can highlight the General Register of Gaming Access Bans (RGIAJ), the obligation of operators to draw up and implement an operational plan taking into account the principles of responsible or safe gambling, the establishment of a regulatory framework that sets financial limits on deposits made by participants, gambling sessions for machines of chance, or the specific obligations regarding responsible or safe gambling contained in the licences of gambling operators. All measures adopted in the Royal Decrees implementing Law 13/2011 of 27 May 2011 in the ministerial orders approving the basic regulation of the different types of gambling or in which they have regulated the respective calls for general gambling licences so far.

Similarly, the partial implementation of Article 8 of Law 13/2011 of 27 May 2011 in Title II of Royal Decree 958/2020 of 3 November 2020 on commercial communications of gambling activities has undoubtedly provided a real impetus for the development of safe gambling policies in relation to state-regulated gambling activities in Spain. Thus, the entry into force of this regulation entails having incorporated into the legal system measures such as the inclusion of a section on responsible or safe gambling on the web portals of gambling operators, the provision of a helpline to provide information on the risks of gambling activities and on public services for the prevention and care of gambling disorders, the establishment of information and performance requirements for vouchers or other promotional initiatives; the appointment of a representative for the management of matters related to responsible gambling; the establishment of mechanisms and protocols for detecting risky gambling behaviours.

However, without prejudice to the measures adopted in recent years by operators in the context of their corporate social responsibility policies, the experience gained by the regulator in this sensitive area of gambling activity has made

it possible to assess the existence of a wide disparity in both the measures adopted and the actual implementation of those measures in the various entities authorised to offer state-regulated gambling.

In addition, the growing social concern about the serious consequences that the consumption of some gambling and betting may have on certain individuals should also serve as a driving force to achieve an adequate level of protection for those most vulnerable groups and those who may be experiencing a gambling problem.

All of this highlights the need to strengthen the enforceability and material scope of the framework currently applicable to safe gambling actions carried out by these entities and to establish a set of guidelines of general application based not only on the contributions and lines of work carried out by the authorised scientific doctrine on responsible gambling but also on the experience gained in recent years by the gambling regulation authority in its supervisory and control activities.

It is in the light of this context that the set of measures set out in this Royal Decree is adopted. These measures will be exclusively applicable to those gaming environments subject to user identification and gambling accounts, while also transferring to this body of legislation the measures on responsible or safe gambling set out in Royal Decree 958/2020 of 3 November 2020 in order to provide as complete a regulatory framework as possible on this subject.

Among the public interests whose protection is the primary objective of Law 13/2011
of 27 May 2011 regulating gambling, the prevention of addictive behaviour, the protection
of the rights of groups at risk and, in general, the protection of consumers, occupy a
prominent place.
With a direct connection to these objectives, the responsible or safe gambling policies
provided for in Law 13/2011 of 27 May 2011 must be understood as the set of elements
that shape the supply and consumption of games of chance that lead to reducing the risk
of the occurrence of risky, problematic or pathological gambling behaviour in certain
participants or to minimising the negative effects that these activities may cause.
In accordance with this approach, gambling operators should promote a commercial,
operational and service framework aimed at promoting healthy consumer patterns and
preventing or minimising the occurrence of personal, family or property damage, paying
particular attention to individuals in different risk situations who, by their nature, are more
likely to experience problems with greater severity or prevalence than other participants.
The responsible or safe gambling practices carried out by gambling operators are, by
their very nature, integrated into the set of guidelines aimed at establishing an appropriate
framework for the protection of persons who use games of chance. Precisely for this
reason, these practices must guide the supply of these products towards safer gaming
environments, ensuring due diligence in the monitoring of participants’ activities in order
to prevent the emergence of risky behaviour.
Thus, the measures on responsible or safe gambling put in place by gambling
operators should pay particular attention to groups particularly vulnerable to this activity,
including those who are most likely to develop risky gambling behaviours.
Firstly, they must focus on the protection of young participants, as a group that is
particularly sensitive to inappropriate messaging and playing patterns, and to those who
are involved in this activity and who are engaged in intensive gambling behaviour.
Secondly, they must establish an optimal protection framework for those participants,
regardless of their age, who are in danger of developing risky behaviours in their
gambling activity or those other groups that have already developed such behaviour.
Finally, more broadly, safe or responsible gambling policies should direct their efforts
in protecting all types of participant, regardless of the risks they face from the above point
of view.
As stated in Law 13/2011 of 27 May 2011, responsible gambling or safe gambling
policies must be addressed by strengthening areas such as reporting obligations,
promoting campaigns and awareness-raising studies, mechanisms for detecting
problematic gambling behaviours or preventing the emergence of such behaviour or their
aggravation once they have been detected.
From this perspective, electronic, IT, online and interactive channels have great
potential in implementing such measures.
In this regard, among other measures consolidated since the beginning of the state-
regulated gambling market and fully established in our legal system today, we can
highlight the General Register of Gaming Access Bans (hereinafter RGIAJ), the obligation
of operators to draw up and implement an operational plan taking into account the

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OFFICIAL STATE GAZETTE
No 63 Wednesday 15 March 2023 Sec. I. Page 37962
principles of responsible or safe gambling, the establishment of a regulatory framework
that sets financial limits on deposits made by participants, gambling sessions for
machines of chance, or the specific obligations regarding responsible or safe gambling
contained in the licences of gambling operators. All measures adopted in the Royal
Decrees implementing Law 13/2011 of 27 May 2011 in the ministerial orders approving
the basic regulation of the different types of gambling or in which they have regulated the
respective calls for general gambling licences so far.
Similarly, the partial implementation of Article 8 of Law 13/2011 of 27 May 2011 in
Title II of Royal Decree 958/2020 of 3 November 2020 on commercial communications of
gambling activities has undoubtedly provided a real impetus for the development of safe
gambling policies in relation to state-regulated gambling activities in Spain. Thus, the
entry into force of this regulation entails having incorporated into the legal system
measures such as the inclusion of a section on responsible or safe gambling on the web
portals of gambling operators, the provision of a helpline to provide information on the
risks of gambling activities and on public services for the prevention and care of gambling
disorders, the establishment of information and performance requirements for vouchers
or other promotional initiatives; the appointment of a representative for the management
of matters related to responsible gambling and the establishment of mechanisms and
protocols for detecting risky gambling behaviours.
However, without prejudice to the set of regulatory measures required and the others
adopted by operators in the context of their business plans, the experience gained by the
regulator in this sensitive area of gambling activity has made it possible to assess the
existence of a wide disparity in both the measures adopted and the actual implementation
of those measures among the various entities authorised to offer state-regulated
gambling.
In addition, the growing social concern about the serious consequences that the
consumption of some gambling and betting may have on certain individuals should also
serve as a driving force to achieve an adequate level of protection for those most
vulnerable groups and those who may be experiencing a gambling problem.
All of this highlights the need to strengthen the enforceability and material scope of
the framework currently applicable to safe gambling actions carried out by these
operators and to establish a set of guidelines of general application based not only on the
contributions and lines of work carried out by the authorised scientific doctrine on
responsible gambling but also on the experience gained in recent years by the gambling
regulation authority in its supervisory and control activities.
It is in the light of this context that the set of measures set out in this Royal Decree is
adopted, also in direct relation with other provision groups of the Law 13/2011, of 27 May
2011, which are, among others, articles 4, 10, 15, 21 and 40(d) of said legal text. These
measures will be exclusively applicable to those gaming environments subject to user
identification and gambling accounts, while also transferring to this body of legislation the
measures on responsible or safe gambling set out in Royal Decree 958/2020 of 3
November 2020 in order to provide as complete and harmonious a regulatory framework
as possible on this subject.
II

This Royal Decree consists of a preamble, thirty-six articles grouped into three chapters, eight additional provisions, a transitional provision, a repealing provision and five final provisions.

Chapter I, entitled ‘General provisions’, incorporates the subject matter of the regulation, namely the implementation of Law 13/2011 of 27 May 2011 as regards the conditions under which the policies of responsible or safe gambling and the protection of consumers by gambling operators must be put into practice. In addition, it specifies its subjective and objective scope by affecting entities with a licence issued by the state-wide gambling regulation 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 policies and protection of users’, is divided into two separate sections. Section 1 contains regulatory provisions on the safe gambling officer, the plan of active measures and the training obligations with which gambling operators must comply. Section 2 sets out a set of general information and protection obligations of gambling operators vis-a-vis all potential or existing customers. Thus, this section contains certain information

obligations for web portals, applications and establishments open to the public of these operators; a set of obligations are laid down for the configuration of the gaming sessions of participants, the setting of limits on participation in live betting, the presentation of the outcomes of the games, their risk assessment, as well as the articulation of a monthly summary of the activity of all participants.

Chapter III, entitled ‘Added active information and protection policies’, sets out a set of protective measures beyond those provided for in Chapter II of this regulation, targeting certain groups of players, for which it is divided into three separate sections. In this regard, Section 1 focuses, first and foremost, on establishing specific obligations for players with intensive gambling behaviours, imposing an obligation to send a specific message to this kind of player, a monthly summary of their gambling activity, as well as the prohibition of certain means of payment as long as they retain that status; secondly, this section also incorporates certain requirements aimed at protecting young participants, such as setting up a personalised message for young participants, as well as prohibiting the offer of gifts, advantages or compensation for this category of players. Section 2 then sets out a set of specific obligations to be deployed in the environment of gamblers with risky gambling behaviours; in this regard, in addition to proper detection, operators must put in place a group of additional protective measures, such as the establishment of a 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 determines a set of measures aimed at participants who have exercised the powers of self-exclusion and self-banning, such as the suspension of their gambling accounts, the restriction of commercial communications aimed at this group, the transmission of specific messages of self-recognition, or the establishment of processes for monitoring and detecting possible impersonations by participants registered in the General Register of Gaming Access Bans.

As regards the additional provisions, the first three lay down certain 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 establishes the need for collaboration with the Administration to raise awareness and promote safe gambling; and the third lays down the obligation to notify the gambling regulation authority of any studies on safe gambling which may be addressed by these operators. In addition, the fourth additional provision determines the competence of the gambling regulation authority to modify the licences of gaming operators, while the fifth provides for certain specific measures aimed at the face-to-face gambling activities of all gambling operators, including those 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, for its part, is devoted to the need to analyse the possibilities for identifying credit cards used in electronic wallet services. Finally, the eighth final provision introduces a special provision of application for the Spanish National Organisation of the Blind (ONCE), taking into account its particular regime.

The sole transitional provision establishes the framework for reviewing specialised customer care services for existing privileged customers.

The single repealing provision provides for the express repeal of Title II of Royal Decree 958/2020 of 3 November 2020, upon the entry into force of this Royal Decree.

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 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, for its part, 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 implement a risk behaviour detection mechanism to be used by all operators on the terms determined by the regulatory authority. The fourth final provision empowers the Minister of Consumer Affairs to implement the provisions of this Royal Decree. In conclusion, the fifth final provision provides for the entry into force of this regulation.

This Royal Decree consists of a preamble, 35 articles grouped into three chapters, 10
additional provisions, a repealing provision and six final provisions.
Chapter I, entitled ‘General provisions’, incorporates the subject matter of the
regulation, namely the implementation of Law 13/2011 of 27 May 2011 as regards the
conditions of the policies of responsible or safe gambling and the protection of consumers
with which gambling operators must be comply. In addition, it specifies its subjective and
objective scope of application by affecting operators who carry out a gambling activity
included in the scope of application of Law 13/2011, of 27 May 2011, which is subject to
user identification and with a gambling account. Finally, this chapter contains a set of
definitions.

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OFFICIAL STATE GAZETTE
No 63 Wednesday 15 March 2023 Sec. I. Page 37963
Chapter II, entitled ‘Active information policies and protection of consumers’, is
divided into two separate sections. Section 1 contains regulatory provisions on the safe
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 customers of the gambling operators. Thus, this section
contains certain information obligations for the web portals and applications of these
operators; sending informational messages; the existence of a telephone service for the
provision of information and assistance in the field of safe gambling; a set of obligations