Recent regulatory developments in Spain

Spain’s gambling industry stands at a pivotal moment, shaped by political dynamics, technological disruption, and an increasing emphasis on consumer protection. Since 2018, the rise of the left-leaning PSOE party has oriented the national agenda toward a more pro-consumer approach, while regional governments, often leaning right, have introduced more moderate adjustments, particularly impacting land-based operations. However, perhaps the most significant force reshaping the landscape is the relentless march of technological progress. Here we explore recent updates in gambling regulation in the country, focusing on technological developments being implemented to achieve responsible gaming goals.

This article will guide readers through the most significant recent milestones in this ongoing regulatory evolution, both at the national and regional levels, revealing how Spain is navigating this complex interplay of forces.

National Level: Online Gambling Developments

New System of Joint Deposit Limits per Player

Law 13/2011, of May 27, on the regulation of gambling (the ‘Spanish Gambling Law’), established the overarching framework for gambling activities at the national level and online gambling in Spain. In addition to providing legal certainty for operators and participants, this law has among its main objectives the protection of vulnerable groups, the prevention of addictive behaviors, and, in general, consumer protection.

Protective measures are detailed through developing regulations, mainly Royal Decree 1614/2011 (the ‘RD 1614/2011’). This decree covers licenses, approvals, registration, access control, information disclosure, deposit limits, and the General Register of Access Prohibitions to Gambling (the ‘RGIAJ’). Additionally, Royal Decree 958/2020, of November 3, on commercial communications of gambling activities (‘RD 958/2020’), and Royal Decree 176/2023, of March 14, developing safer gambling environments (‘RD on responsible gambling’), supplement these measures by addressing commercial communications and creating safer gambling environments, respectively.

Since the regulation of online gambling in Spain began, establishing deposit limits for participants has been a primary protective measure. Article 36 of the RD 1614/2011 outlines the current regulation of deposit limits, mandating that gambling operators establish daily, weekly, and monthly deposit thresholds for each participant. The default limits are €600 per day, €1,500 per week, and €3,000 per month. Participants can also explicitly request to modify, restrict, or remove these limits at any time, following specific requirements. Currently, a participant registered with five operators and set with a daily limit of €600 per operator could deposit up to €3,000 daily across all platforms, or even more if the participant has requested an increase of the limits.

As expressed by the Spanish Gambling Authority, the Directorate General for the Regulation of Gambling (the ‘DGOJ’), this system has proven insufficient for multi-operator participants, prompting the proposal of an additional control measure: a system of joint deposit limits per participant. This has been introduced through the Draft Royal Decree amending Royal Decree 1614/2011, which develops Law 13/2011 on gambling regulation, specifically regarding licenses, authorizations, and registration procedures (the ‘Draft RD on joint deposit limits’ 1).

This voluntary and complementary system aims to enhance player control, allowing participants to set a total deposit cap across all gambling operators with whom they have registered accounts. The system ensures that the combined deposits do not exceed the predefined limit within a specified period. Participants may choose lower limits than the mandatory single-operator limits and can modify or remove these limits at any time. However, any increase or removal is subject to a three-month waiting period.

A key feature of this system is the centralized management by the DGOJ. Gambling operators will need to integrate their deposit control systems with the joint deposit limit system managed by the DGOJ and consider the information contained therein before accepting deposits from registered participants. The system is expected to be approved and published in the official Spanish State Gazette in Q3 2025, with entry into force projected after a 12-month transition. The DGOJ has planned a nine-month testing period, acknowledging the technical challenges involved.

The DGOJ has considered the impact of this regulation, as reflected in its Impact Analysis Report that accompanies the Draft RD on joint deposit limits (the ‘MAIN’). While it strengthens consumer protection, the DGOJ acknowledges it may encourage players to consolidate with larger operators, potentially disadvantaging smaller platforms, as multi-operator participants represent 31 percent of the participants in Spain (according to DGOJ data).

The Online Gambling Advertisement Battle (Now the Amendment 176 to the Customer Care Services Bill)

It is worth recalling Supreme Court Ruling 527/2024, of April 2, which partially annulled RD 958/2020 2. The Supreme Court considered that several of its provisions – especially those restricting advertising, sponsorship, and promotion of online gambling – lacked sufficient legal grounds and did not pass the proportionality test, as they imposed limitations on fundamental rights without legal backing.

In this context, and as a first attempt at a legislative response, the Government promoted an amendment to the Bill for the creation of the State Agency for Public Health, intending to modify the Spanish Gambling Law and to incorporate again, this time with legal rank, the restrictions annulled by the Supreme Court. However, this attempt was frustrated when the legislative project was defeated for political reasons unrelated to the proposed amendment.

Following this setback, the Congress of Deputies registered a new amendment, number 176 3, to the Customer Services Bill (the ‘Amendment’) in a new attempt to pass the restrictions annulled by the Supreme Court, amending the Spanish Gambling Law and thus providing them with the legal backing explicitly required by the judgment. In addition, further relevant amendments have been introduced.

On the one hand, the Amendment modifies Article 7 of the Spanish Gambling Law to explicitly re-establish all the restrictions on advertising, promotion, and sponsorship that were previously outlined in Royal Decree 958/2020 and subsequently annulled by the Supreme Court, integrating them into the legal text. For example, it details conditions for advertising on video platforms and social networks, limiting them to accounts or channels dedicated to gambling and requiring filtering mechanisms to prevent minors from viewing these ads, along with periodic responsible gambling messages. Additionally, it stipulates that promotional communications can only be addressed to existing customers – defined as participants with an active and verified account for at least 30 days – and such promotions can only be displayed in a dedicated section of the operator’s website or in authorized physical locations, such as lottery premises. This effectively bans the use of sign-in bonuses or offers targeted at new player registrations. The amendment also prohibits the appearance and use of celebrities or well-known personalities in gambling advertisements.

On the other hand, the Amendment goes further and effectively prohibits the use of anonymous payment methods (such as prepaid cards, unidentified digital wallets, and similar instruments). Operators would only be permitted to accept payment by means registered in the player’s own name. The reform provides players and gambling operators with a six-month grace period to register their payment methods in accordance with the new requirement.

Finally, the Amendment aims at introducing a new requirement affecting gambling providers such as gambling platforms, gambling software, aggregator systems, and similar components – essentially, any supplier offering technical systems or services to licensed gambling operators in Spain.

If approved as published, the DGOJ will set up a Register of Gambling Suppliers, entailing mandatory registration for all suppliers to the industry. The purpose of this register is to combat illegal gambling by controlling suppliers, as the Amendment introduces a new specific serious infringement for those gambling suppliers who provide gambling platforms, software, or aggregator systems to companies operating in Spain without a license. Penalties may include (i) fines between €100,000 and €1,000,000 and (ii) the suspension of activities in Spain for up to six months.

This may be problematic as the infringement is already addressed in the Spanish Gambling Law through Articles 38, 29, and 40. Reintroducing it now with only slight wording changes may create unnecessary legal uncertainty. It is evident that the DGOJ has not enforced these articles to date against suppliers who offer services to illegal operators targeting Spain. In any case, if the Amendment is approved, it would signal a clear shift in the suppliers’ position in Spain similar to the one already applicable in other EU jurisdictions. The Amendment is currently progressing through the parliamentary process, and it remains to be seen whether it will ultimately be approved, given the challenging parliamentary dynamics in the Spanish Congress, which require the consensus of an array of left and nationalist parties to achieve the relevant majority.

Gambling Risk Detection Algorithm

One of the cornerstones of regulation regarding responsible gambling is the RD on responsible gambling passed in 2023. In accordance with the provisions of Article 24 of this regulation, gambling operators must establish mechanisms and protocols that allow them to detect risky behavior by registered participants. Furthermore, the DGOJ must develop this specific mechanism for use by all operators within two years from the entry into force of the RD on responsible gambling.

This initiative comes at a critical time. The advance of technologies, in particular Artificial Intelligence (‘AI’), has given rise to new forms of digital fraud that affect this sector, specifically online gambling operators. The use of deep fakes and automated impersonation tools stand out as the main threats transforming the risks associated with user verification processes and the integrity of digital gambling platforms.

The objective of this mechanism is to categorize registered players identified as displaying risky behavior into so-called “intense gambling behavior” or “vulnerable” participants or groups at risk. The aim is to automate the detection processes of these players to apply the restrictions that, according to the regulation, must be applied if this condition persists. In Spanish, they are referred to as administraciones de loterías, which are the specific shops that sell the lottery.

The detection model is based on a specific algorithm developed and explained by Mr. Mikel Arana, Director of the DGOJ, on various occasions with a high degree of detail. The algorithm uses the real behavior of persons medically diagnosed with a gambling disorder as a reference for its configuration and design. In this way, a statistical system based on XGBoost is used, trained with data from 506 people with a clinical diagnosis of pathological gambling. Based on 81 variables inspired by clinical criteria and European standards, risk patterns are identified. The model has been validated with 6,000 real accounts. According to the DGOJ, the result is a predictive system that will allow alerts to be raised related to anomalous behavior based on objective data.

Lastly, the algorithm will be mandatory for all operators as of 2026, replacing the internal systems that many operators have implemented, although these may still be used in addition to the DGOJ algorithm.

Lottery

In January 2023, the DGOJ published a draft resolution to regulate: (i) the requirements that must be met by collaborating entities 4. in the commercialization of lottery games, when through electronic, computer, telematic, or interactive channels; and (ii) the obligations of lottery operators related to marketing through these collaborating entities and the webpages, applications, or other electronic, computer, telematic, or interactive channels owned or operated by the external marketing network. As of now, it remains unclear when this resolution will be enacted. However, in its current form, purchasing a lottery ticket through a collaborating entity does not meet the threshold of consumer protection established for the rest of the online gambling offering.

DGOJ Developments: Artificial Intelligence Systems and Advanced Data Analysis

In parallel, and in line with its Draft Strategic Plan 2026-2030 5, the DGOJ foresees the implementation of advanced data analysis and surveillance systems based on AI to strengthen the real-time supervision of online gambling activity. This technology will make it possible to detect suspicious patterns, identify possible money laundering practices, and ensure regulatory compliance in all licensed gambling operators.

In support of this process, a technical support contract was awarded in early 2025 to provide operational and technological assistance to the Online Gambling Inspection Sub-Directorate. The tasks entrusted include fraud prevention, age verification, monitoring of certifications, and supervision of compliance with participation restrictions.

These developments reflect a transition to a more proactive and integrated regulatory model, replacing reactive practices with data-driven predictive monitoring systems, with the ultimate purpose of reducing the burden of manual audits and accelerating the implementation of corrective actions.

If this were implemented as envisaged, Spain could become a European benchmark in AI-based gambling regulation. With a transparent approach, alongside user protection and centralized control, the DGOJ, regional regulators, and authorities like SEPBLAC 6. are signaling that long-term regulatory compliance is not optional, but the new industry standard.

In parallel, the DGOJ is collaborating with other European regulators in exploring the use of AI in the gambling arena, as evidenced at the last meeting of industry authorities in Birmingham (UK) this past Spring, where this issue was at the heart of the common regulatory agenda 7.

Regional Level: Land-Based Gambling Regulatory Developments

The 17 Autonomous Communities and the Autonomous Cities of Melilla and Ceuta (the ‘Regions’) are constantly introducing new laws and regulations or amending the latter regarding the gambling sector. In the wake of the state-wide gambling advertising regulation, the RD 958/2020 in 2020, many Regions introduced similar limitations in their regulations, even those who historically were more liberal. The developments that have been introduced during the first semester of 2025 can be summarized as follows:

• Castilla-La Mancha: Amendment of the Gambling Law to exclude games declared of cultural interest and regulate biometric access controls with consent.
• Valencian Community: Tax measures related to floods and extension of the suspension of new gambling licenses.
• Canary Islands: Amendments to the Gambling Law regarding the prohibition of access to persons with disabilities, minimum distances to educational centers, and the adaptation of regulations to technological advancements.
• Navarra: Technical conditions for access control systems in gambling venues and prior identification of players in betting machines in hospitality establishments.
• Basque Country: Adaptation of formal obligations to new technologies and increase of thresholds for inspection competence in the gambling sector.
• While some may not pass, the regulations currently under consideration in Regions such as Aragón, Castilla y León, and Catalonia can be grouped into the following categories:

Gambling Establishment Regulations: This includes regulations related to the location, number, and types of gambling establishments, as well as distance limitations between them and sensitive locations like schools or centers for vulnerable individuals.

• Access Control and Responsible Gambling: Regulations focused on preventing access to gambling establishments by minors and individuals on exclusion lists, promoting responsible gambling practices, and protecting vulnerable populations. A key tool being increasingly adopted by the Regions is connecting land-based establishments to the State-controlled General Registry of Gambling Access Interdictions (‘RGIAJ’). This system allows for the integration of a unified interdiction database, such that individuals registered in the RGIAJ are barred from accessing online gambling platforms (a state-controlled domain). The Regions are expressly introducing the regulation of the use of biometry to comply carefully with the applicable data protection regulations and the Spanish Data Protection Authority interpretation. Land-based operators are embracing this technology to better combat fraud and balance user experience. Operators are also looking into the use of biometric systems using AI, however, noting the requirements that must be adopted as a high-risk AI system derived from the AI Act 8.
• Other categories of regulation being processed at the regional level relate to payment methods, technical standards and equipment, licensing and registration, enforcement, and sanctions.

Final Thoughts

The regulation of the gambling industry involves a complex balancing act between the broader interests that justify public intervention, such as safeguarding public health, combating tax fraud, preventing criminal activities, and ensuring business freedom as outlined in Article 38 of the Spanish Constitution. Additionally, it requires a continuous reassessment of limitations to evaluate their effectiveness and impact on the market, with appropriate corrective measures being implemented on an as-needed basis only. Legislation and regulations must be sufficiently flexible to accommodate the ongoing evolution of technology, both in terms of social changes and the transformation of entertainment practices, as well as enabling legal enforcement to adapt and benefit from these technological advancements. Effective coordination between different regulatory frameworks will be essential to ensure a coherent and efficient regulatory environment that promotes innovation while safeguarding public interests.

With all the regulatory developments impacting the gambling industry in Spain, the coming years will reveal whether these measures have effectively achieved their intended balance between protected legal interests or if, on the other hand, they have overstepped the necessary bounds.

Conclusion

The recent regulatory developments in Spain’s gambling industry underscore a strategic shift toward a more proactive, technology-driven, and consumer-protective framework. National measures such as implementing joint deposit limits, stricter advertising rules, and advanced AI-based risk detection systems reflect a commitment to enhancing responsible gambling and combating illegal activities. Similarly, regional authorities are actively updating their laws to incorporate biometric access controls, responsible gambling protocols, and improved access restrictions, often in coordination with the centralized RGIAJ registry. Overall, the industry experiences a transition towards a more transparent, secure, and innovative regulatory environment. The success of these reforms will ultimately depend on their effective enforcement and adaptability to technological advancements. The overarching challenge for regulators will be to maintain a balance between fostering industry growth, protecting vulnerable groups, and ensuring long-term compliance, all while adapting to rapid technological change. As these measures take root, Spain is poised to become a benchmark in AI-powered gambling regulation, shaping the future landscape of responsible gambling across Europe.

Patricia Lalanda is a member of IMGL https://www.imgl.org/user/Patricia.LaLanda/

1. https://www.dsca.gob.es/sites/default/files/20230901_rd_main_modificacion_rrdd_limites_conjuntos_info_publica_0.pdf
2. STS 527/2024, de 2 de abril (ECLI:ES:TS:2024:1922) https://www.poderjudicial.es/search/AN/openDocument/b50476705bbb4b52a0a8778d75e36f0d/20240419
3. https://www.congreso.es/public_oficiales/L15/CONG/BOCG/A/BOCG-15-A-12-3.PDF
4. In Spanish they are referred to as administraciones de loterías, which are the specific shops that sell the lottery.
5. https://www.ordenacionjuego.es/novedades/consejo-asesor-juego-responsable-renueva-su-composicion
6. Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offenses
7. https://www.gamingintelligence.com/es/legal/66943-ia-al-juego/
8. Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonized rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No
   168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828