Spain
Answer ... Given the regulatory distinction in the Spanish gambling sector, the licensing regimes for online gambling and land-based gambling are different. In addition, in the case of land-based gambling, each autonomous region has its own regulations and licensing system with respect to its territory and competence.
(a) Operators
Gambling licences for operators are available at both the federal and regional levels.
(b) Activities (if relevant)
Although a gambling activity licence is closely linked to the operator’s licence, there are also activities licences per se, at both the federal and regional levels.
(c) Premises
Premises licences are available at the regional level.
(d) Key individuals (if relevant)
In Spain, there are no licences for key individuals.
(e) Equipment (if relevant)
There are no licences for equipment; instead, equipment must be duly certified by a testing house and homologated by the regulator at either the federal or regional level.
Spain
Licences for online gambling at the federal level are awarded and issued by the General Directorate for Gambling Regulation (DGOJ), which is currently under the Ministry of Consumer Affairs.
For regional licences (land-based and online at the regional level), the body responsible for awarding and overseeing licences is the respective regional gambling authority which, in most cases, is under the umbrella of the regional departments of finance or interior.
Spain
Answer ... At federal level, general gambling licences are granted for periods of 10 years and are renewable for the same timeframe. Single licences are granted for periods of between two and five years (depending on the type of licence) and are renewable for the same timeframe. Land-based gambling licences are subject to specific regional regulation and will depend on the type of licence. Casino licences, for instance, are subject to a previous public call and are limited in terms of overall numbers. With regard to other types of land-based licences – for instance, for gaming halls or bingo halls – the key features are different by region.
Spain
Answer ... The main requirements in order to obtain a general gambling licence in Spain to operate online at the federal level are as follows:
- The operator must be a public limited company established in Spain or elsewhere in the European Economic Area;
- It must have a minimum share capital of €60,000;
- Its corporate purpose must be restricted to the organisation, commercialisation and exploitation of gambling or betting activities; and
- If the company is based outside Spain, it must have a legal representative with a physical address in Spain.
The substantive requirements for land-based licences vary from one region to another and also differ depending on the specific type of licence.
Spain
Answer ... The documents needed in order to apply for a licence are divided into three groups, relating to the applicant’s legal, economic and technical solvency. The large list of documentation required for licensing purposes includes the following:
- corporate documents concerning the applicant and the group of companies to which it belongs;
- certificates confirming that the applicant is up to date with social security and tax agency payments;
- the annual accounts of the applicant and its group;
- its anti-money laundering and fraud policies;
- its responsible gambling policy and business plan;
- contracts with providers and technical projects; and
- certification reports issued by authorised testing laboratories.
Also, operators must have a bank account opened in Spain for the purpose of protecting players’ funds.
Spain
Answer ... The timetable depends on the type of licence and region. However, the average timeframe for licences to be reviewed and granted is approximately six months from submission.
Spain
Answer ... The application fees vary by region and type of licence. The application fees for a gambling licence at the federal level are:
- €10,615 for each general and single licence;
- €40,340 for the homologation of licences by the DGOJ; and
- €2,650 for the inscription of each licence with the General Registry of Licences.
In addition, applicants must provide an economic guarantee for each general licence they are interested in applying for. In the case of general licences for betting and/or other games, the amount of this guarantee is €2 million per licence; in the case of the general licence for contests, the amount is €500,000. These amounts are payable only for the application of the licence and until the end of the year following grant of the licence. After this so-called ‘initial period’, the guarantees are recalculated based on certain legal percentages; in most cases, the new amount will be €1 million for all licences held by the operator, which is the minimum amount of the economic guarantee.