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The Spanish Government has announced the opening of a public consultation on a Preliminary Draft amending Spanish Gambling Law 13/2011 (Ley 13/2011, de 27 de mayo, de Regulación del Juego) which is meant to introduce a major reform.
This Spanish Gambling Law reform marks the beginning of a comprehensive legislative overhaul of the country’s online gambling regulation at the national level. The Directorate General for the Regulation of Gambling (DGOJ), operating under Spain’s Ministry of Consumer Affairs, is leading this participatory process with the aim of allowing citizens, organisations, and industry associations to contribute their views on the development of amendments to the current framework.
Below is an outline of the scenario based on the article published here by my DLA Piper Spanish colleagues Paula González de Castejón and Elisa Lorenzo.
Why Is Spain Reforming Its Gambling Legislation Now?
The DGOJ considers that the nearly fifteen years that have passed since the entry into force of Spanish Gambling Act 13/2011, and the experience gained during this period, reveal the need for a substantial amendment of the law. The regulator has stated that the reforms aim “to strengthen controls, improve prevention, and provide more tools to combat illegal gambling,” noting that the legislation must “better adapt to the digital environment, especially the growth of online gambling“.
Several factors have converged to make this reform necessary:
The 2024 Supreme Court Ruling That Reshaped the Regulatory Landscape
In April 2024, the Spanish Supreme Court issued Ruling 527/2024, which nullified key articles of Royal Decree 958/2020 on commercial communications of gambling activities. The Court declared several provisions null and void for lacking sufficient legal coverage, including: the prohibition on directing promotions at new customers (Article 13.1), requirements for promotions (Article 13.3), the ban on celebrities and public figures in gambling advertisements (Article 15), restrictions on commercial communications in information society services (Article 23.1), requirements for video-sharing platforms (Article 25.3), and restrictions on social media advertising (Articles 26.2 and 26.3).
The Supreme Court’s reasoning was that these restrictions imposed limitations on fundamental rights—particularly commercial freedom and advertising—without proper legal backing at the level of a parliamentary statute. This ruling effectively created a regulatory gap that the Spanish Government is now seeking to fill through a full legislative reform, elevating these restrictions to the rank of formal law.
Previous Legislative Attempts
Following the 2024 Supreme Court ruling, the Government made two unsuccessful attempts to restore the annulled advertising restrictions. First, it promoted an amendment to the Bill for the creation of the State Agency for Public Health, which was defeated for political reasons unrelated to gambling. Subsequently, Amendment 176 to the Customer Services Bill was registered in Congress, proposing to modify Article 7 of the Spanish Gambling Law and integrate the annulled restrictions into primary legislation. This amendment remains in parliamentary process, and the present public consultation represents a parallel and more comprehensive legislative track.
The Growing Illegal Gambling Market
The reform also responds to rising concerns about unregulated gambling in Spain. A report by EY published in November 2024 found that 23.4% of respondents had used unregulated gambling platforms at least once, either knowingly or unknowingly. A further 9.3% openly stated they had used illegal operators. EY estimated that Spain’s illegal online gambling market generated approximately €231 million in 2024, equivalent to 16% of the country’s regulated online gambling market.
Meanwhile, the DGOJ demonstrated its enforcement capabilities in the second half of 2024, imposing fines totalling €77.4 million on online gaming and betting operators, bringing the year’s total to over €142 million. This included €75 million in fines for very serious infringements by 14 foreign operators providing services without a licence.
Key Areas the Spanish Gambling Law Reform 2026 Is Expected to Address
From previous announcements made by the DGOJ and from the consultation materials, the Preliminary Draft is expected to address the following core areas:
1. Advertising, Promotion, and Sponsorship
The reform would reinstate and significantly expand restrictions on gambling advertising, particularly on social media and video-sharing platforms. Based on the available information, the proposed rules would:
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Prohibit celebrity and influencer endorsements in all gambling advertising, addressing a channel that has grown substantially as operators shifted budgets toward social platforms following the 2024 ruling.
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Ban sign-up bonuses and acquisition-targeted promotions, limiting promotional communications exclusively to existing customers—defined as participants with an active and verified account for at least 30 days.
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Restrict gambling content in organic search results, unless users are actively searching for betting or gambling products.
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Require filtering mechanisms to prevent minors from viewing gambling advertisements on video platforms and social networks.
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Mandate responsible gambling warnings in advertisements, using a format similar to health warnings on cigarette packaging, including loss-related statistics. The Ministry has cited an example stating that 75% of players lose money.
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Limit advertising on video and social media to accounts or channels dedicated to gambling, with periodic responsible gambling messages required.
A peer-reviewed Spanish study published in February 2026, surveying 936 young gamblers, found that 84% felt gambling advertising influenced their behaviour, with source credibility (closely linked to celebrity and influencer content) identified as a key predictor of gambling intention.
2. Payment Methods
The reform would require all payment methods used in online gambling to be nominative and registered in the player’s name. This effectively bans the use of anonymous 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, strengthening both player protection and AML controls.
3. Gambling Suppliers Registry
The Preliminary Draft is expected to establish a mandatory DGOJ Register of Gambling Suppliers, requiring registration of all gambling service providers operating in a B2B capacity. Unlicensed suppliers face penalties of €100,000 to €1,000,000 in fines and/or suspension of activities if they provide services to illegal operators. This measure is designed to combat the infrastructure supporting unlicensed gambling operations in Spain.
4. Player Protection and Responsible Gambling
The reform incorporates several significant player protection measures:
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Joint deposit limits: A system allowing participants to set a total deposit cap across all gambling operators with whom they have registered accounts. The Draft Royal Decree amending Royal Decree 1614/2011 already introduced this voluntary complementary system, with entry into force projected after a 12-month transition period.
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Standardised risky-behaviour detection algorithm: Royal Decree 176/2023 assigned the DGOJ the responsibility of developing a mandatory mechanism for detecting risky gambling behaviours across all operators. The algorithm has been developed and is subject to public consultation, with the Ministry estimating it could increase current detection rates for problem gambling by 10 percentage points.
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Enhanced responsible gambling warnings in all advertising materials and on gambling platforms.
5. AML Compliance
The reform will adapt Spanish gambling regulation to the new EU Anti-Money Laundering/Counter-Financing of Terrorism (AML/CFT) framework. This includes introducing enhanced due diligence obligations for gambling operators. Under existing and emerging EU AML rules, crypto-asset service providers must apply full KYC/AML checks, effectively prohibiting anonymous crypto gambling. The DGOJ already has the function of collaborating in the compliance of anti-money laundering and counter-terrorism financing legislation.
6. International Cooperation
The Preliminary Draft would strengthen mechanisms for cross-border enforcement against illegal gambling operators, building on the DGOJ’s already robust enforcement track record and addressing the cross-jurisdictional nature of online gambling operations.
The Public Consultation Process: What Stakeholders Need to Know
This public consultation is the first formal step in Spain’s legislative process for new laws, allowing stakeholders to provide input before the Government drafts the full text of the bill. The consultation opened on 18 May 2026 and is available to Spanish players, gambling businesses, and other organisations connected to the sector.
Key dates and next steps:
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Consultation deadline: Comments can be submitted until 22 June 2026.
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Preliminary Draft publication: After this initial consultation, the DGOJ will prepare the formal Preliminary Draft text (Anteproyecto de Ley).
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Second public comment period: After the formal Preliminary Draft is published, operators and stakeholders will have a further opportunity to file public comments.
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Parliamentary debate: The bill will then proceed through the Spanish Congress and Senate, where it will be subject to amendments and debate.
Given Spain’s challenging parliamentary dynamics, the timeline for final approval remains uncertain.
Context: Spain’s Current Gambling Regulatory Framework
Spain’s online gambling market is regulated under Law 13/2011, which established the framework for state-wide gambling activities and online gambling. The law has been implemented through a comprehensive set of regulations, including Royal Decree 1613/2011 on technical requirements, Royal Decree 1614/2011 regulating licences and registrations, Royal Decree 958/2020 on commercial communications, and Royal Decree 176/2023 on safer gambling environments.
The DGOJ, under the Ministry of Consumer Affairs, regulates, authorises, supervises, and penalises state-wide gambling activities. As of the latest data, 77 licensed operators are authorised to offer online gambling services in Spain. The last tender for new licences was called on 17 December 2017, and no new call for tender has occurred since.
Gambling activities in Spain are divided between “public gambling” (a state monopoly managed by SELAE and ONCE) and “private gambling” operated by licensed private entities. The Autonomous Regions (Comunidades Autónomas) regulate land-based gambling within their territories, while the DGOJ oversees national-level activities.
Impact on the Gambling Industry: What Operators Should Prepare For
The proposed reform, if enacted in its expected form, will significantly affect how gambling operators conduct business in Spain. Key operational impacts include:
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Marketing budget restructuring: Operators will need to pivot away from celebrity-led, acquisition-focused marketing toward retention-based strategies compliant with the new restrictions.
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Payment processing overhaul: Companies accepting anonymous payment instruments will need to implement nominative payment systems with proper identity verification.
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B2B supplier compliance: All technology suppliers, platform providers, and service companies operating in the gambling supply chain will need to register with the DGOJ.
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Enhanced data-sharing obligations: The joint deposit limit system and risky-behaviour detection algorithm will require operators to participate in cross-platform data systems administered by the regulator.
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Strengthened AML programmes: Due diligence procedures will need updating to align with the latest EU AML/CFT requirements.
Operators are strongly encouraged to participate in the public consultation process and prepare for compliance well ahead of enactment. After the formal Preliminary Draft is published, there will be additional opportunities to submit comments before parliamentary debate begins.
You can read about the different gambling regimes in almost 50 jurisdictions in the DLA Piper Gambling Laws of the World guide. On a similar topic, you can read the article Gambling Regulation in Hungary: A New Era on the Horizon?