Loyra analyzes the changes approved in the Congress in Spain
The recent approval in Congress of the Customer Service Law incorporates an amendment that profoundly modifies the regulatory framework of gambling in Spain. The Loyra law firm analyzed the changes, which strengthen obligations, create a register of providers, and provide legal coverage to rules annulled by the Supreme Court.
Loyra analyzes the legal reforms to the gambling sector approved by the Spanish Congress
The specialized firm Loyra Abogados published a detailed analysis of the modifications introduced in the Customer Service Law, approved by the Congress of Deputies on November 13. The regulation incorporates, through a transactional amendment, relevant adjustments in the Law 13/2011 on gambling regulation, as well as in the Royal Decree 958/2020, in order to reinforce the legal framework of the sector following the annulment of several articles by the Supreme Court in 2024.
The changes are already included in the Official Bulletin of the General Courts, within the Report of the Commission on Social Rights and Consumption, and will become fully operational once published in the Official State Gazette (BOE).
According to Loyra, the reform not only restores legal certainty regarding advertising aspects previously annulled, but also introduces new obligations, enables future regulatory developments, and grants legal status to measures that until now were included in technical notes.
1. Mandatory changes after publication in the BOE
The modifications directly impact operators, providers, and participants. Among the main points are the following:
1.1 Reforms in Law 13/2011 on gambling regulation
A. Advertising, promotions, and sponsorship
- Express consent: sending advertising by postal mail without prior authorization from the recipient is prohibited, equating it to electronic means.
- Advertising on networks and digital platforms: may only be broadcast on services that have tools to prevent access by minors.
- Restricted promotions: only those with an account older than 30 days and who have completed their documentary verification may access bonuses.
B. Payment methods and fraud control
- Mandatory nominative payments: operators may only accept payment methods whose ownership matches that of the player.
- Anti-fraud manual: companies must document internal procedures to prevent and manage fraud risks.
- Segregated accounts in Spain: all player funds must be kept in Spanish bank accounts, separate from the operator’s operational accounts.
C. Player obligations
- Participants must also exclusively use nominative payment methods owned by themselves.
D. New framework for providers (B2B)
The reform incorporates for the first time a specific regulation for technological providers:
- Gambling Providers Register: mandatory for all companies offering software, platforms, or aggregator systems.
- Prohibition of operating without a license: providers must prevent their systems from being used by unauthorized third parties in Spain.
- Conditional approval: no technical component may be validated if the provider is not registered.
- New serious infringement: providing services without the corresponding registration becomes a serious sanctionable offense.
E. Transitional regime
Players:
- They will have 6 months to prove ownership of their payment methods.
- During this period they may play, but not withdraw winnings until verification is completed.
- After the deadline, the operator must close the account, notify the DGOJ, and return the funds.
Operators:
- They will also have 6 months to adapt their technical systems to the new requirements.
1.2 Adjustments in Royal Decree 958/2020 on commercial communications
The reform removes the section that expressly prohibited advertising sent by postal mail, harmonizing it with the prohibition based on prior consent included in Law 13/2011.
2. Changes that may be developed via regulation
The amendment empowers the Government to define, through subsequent rules, criteria and limits applicable to:
- Acquisition and loyalty promotions.
- Sports or competitive sponsorships linked to betting events.
- Use of persons with public notoriety (“influencers”), who are now legally defined.
- Additional restrictions by type of channel, especially on digital platforms and social networks.
- Insertion of advertising posters in spaces where betting events are held.
A new framework under construction
Loyra warns that the text approved by Congress must still complete its parliamentary process. Only after its publication in the BOE will the obligations fully come into force. With this, Spain advances towards a more structured model, with greater controls over advertising, payments, and providers, and with new foundations for the future regulation of the sector.
Tags: Spain, Loyra, Spain betting regulation