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Spain is world-renowned as a country passionate about football, but are they also a nation of bettors? How does the country handle online gambling regulation? In this article, we'll look at Spain's online gambling laws, including how offline gambling regulations have influenced them and which gambling activities are permitted in the country.

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Sports betting and casino gaming are permitted under the 2012 Spanish Gambling Act, regulated by the Dirección General de Ordenación del Juego (DGOJ), or the General Directorate for the Regulation of Gaming Activities. Operators must hold a licence to offer services in the country, with several available depending on the activity.

Casino Games

Standard land-based casino gaming is regulated by the 17 autonomous regions of Spain, each of which is permitted by law to determine its stance on casino gambling in the country. As a result, the legalities of the activity can vary from one region to the next. Still, many operate land-based casinos offering players the opportunity to play their range of games.

In terms of online casino gaming, legislation is determined by the government as a whole on a national level because online gambling companies have a much broader reach.

Spain is regarded as very much on the ball regarding its online gambling regulation, with a fairly strict set of rules licensees must follow to offer their games to players in the country. Online gambling sites must be EU-based companies, obtain a licence to offer their services to Spain residents, and their core operations must be based in Spain. Interestingly, the Spanish government prohibits crypto casinos from operating within the country.

Poker

As a country with a lenient view of gambling, Spain permits poker gameplay at various offline venues to varying degrees, depending on the stance of each of the 17 autonomous regions. Where allowed, poker is one of several games permitted to be offered at land-based casinos.

Regarding online gameplay, operators can offer poker with either a Category 2 general licence or a Category 13 singular licence. Licensed operators must ensure that only Spanish residents can play their games.

Bingo

As with other offline gambling activities in Spain, the 17 regions of the country define their stance on the legality of bingo, with many of them allowing the game to be offered at various bingo halls.

Regarding online bingo gambling, operators holding a category two general licence or a category 14 singular licence can offer the real money game to Spanish residents. Again, the government states that operators must ensure only Spanish residents can access the games using IP geo-location tools.

Lotteries

Only two organizations are legally permitted to sell lottery tickets in Spain: Organización Nacional de Ciegos Españoles (ONCE) and Sociedad Estatal Loterías y Apuestas del Estado (SELA).

Because of this exclusive status, lotteries are not permitted by any other operators in the country. This extends to online gambling companies that offer betting on the outcomes of these lottery games, which is seen as an infringement of existing laws. As a result, online lottery games for real money, whether on or related to ONCE or SELAE (other than their official websites) games, are against Spain's gambling regulations.

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The Spanish Act No. 13/2011 (the Gambling Act) defines gambling as "any activity that involves risking sums of money or economically assessable objects on future and uncertain results that depend to some degree on chance, and that grant prizes in cash or kind." All three elements of this definition, i.e. risk, chance and prize, must be present in an activity to be classed as gambling.

The result is that many games played on a social basis that lack one or more of these elements cannot be classed as gambling and are defined instead as gaming activity and not subject to gambling regulations in Spain.

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Sports betting is another activity Spain regulates and is widespread in the country, thanks partly to the Spanish love of football. As a result, there are numerous sports betting shops across the country; many opened very quickly around 2008 in conjunction with existing British sports betting giants such as William Hill. It's common to see sports betting brands sponsoring the various La Liga teams in the country as a way of advertising.

In terms of licensing for online sports betting, operators must hold either a category one general licence or one of the singular licences covering fixed-odds sports betting (1), mutual sports betting (2), exchange betting (4), fixed-odds horse racing betting (5) or mutual horse racing betting (6) to be legally permitted to offer sports betting to Spain residents.

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As with the biggest online casinos Europe offers, Spain's minimum age for gambling is 18 years old. This applies to entry into gambling venues such as land-based casinos, sports betting shops and bingo halls, and access to online gambling websites.

Tax Regulation

Spain's gambling tax regulation means online gambling operators are subject to various taxes based on their income from bets at different rates depending on their gambling activities. Regarding players, those with winnings exceeding €40,000 from lotteries are subject to a 20% tax. All other gambling activity is taxed based on winnings, which must be declared as income on the annual tax return. This is then charged at the normal rate, but any gambling losses can be offset against the taxable amount.

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Spain's first gambling laws were passed in 2006, which permitted sports betting online and via sports betting shops nationwide. From around 2008, sports betting shops began popping up everywhere due to the new laws, with many well-known British bookmakers partnering with Spanish brands to open new licensed venues.

In 2011, the Spanish government commissioned further work on existing laws to fine-tune the regulations, with the subsequent 2012 Spanish Gambling Act the culmination of that work. This piece of legislation opened the door to a more regulated environment.

The Dirección General de Ordenación del Juego (DGOJ), or the General Directorate for the Regulation of Gaming Activities, allows operators to apply for licences on a tender basis, with only three such instances having taken place to date: November 2011 (1 month), October 2014 (1 month) and December 2017 (1 year). General licences are valid for ten years, while singular ones are valid for three or five years.

Key Facts

Generally speaking, online gambling in Spain is permitted largely due to the country's passion for the activity, especially in football. As a result, Spain's gambling regulations are strict but just about all-inclusive, with most forms of betting and gaming permitted both offline and online.

Both sports betting and casino gaming are abundant in Spain, with each of the 17 autonomous regions in the country determining its stance on offline gambling activities. At the same time, the Spanish government decided the national stance for online gambling activities.

Only licensed operators may offer their services to players in Spain, with the government cracking down on unlicensed operators through fines. The only activity that involves extra restrictions is lotteries. Only two government-approved entities can legally sell lottery tickets: ONCE and SELAE. Online gambling companies are not permitted to sell lottery tickets or betting on the outcomes of lotteries to Spanish residents.