International edition
September 26, 2020

Last January 13th

LAE presented the long-awaited online gaming draft in Spain

(Spain).- A draft or regulation proposal of online games has been expected for three years in Spain, and it finally arrived last January 13th to the Gaming Commission. It seems that all the efforts focused in the gaming regulation in Spain are going to be legally crystallized, even little by little.

T

his small step can be the first step in the development of the online gaming regulation in the country, although its approval should come together with the Law 56/2007 of Measures to Boost the Information Society. This law justifies its existance in the following points:

To guarantee the compatibility of the new norm with the regulation of the consumer.

To establish the regulation of the online gaming activities according to the EU principles.

To configurate an online gaming control system that guarantees the security and fair market conditions for operators and the adequate protection for the users. (In particular, the activity of the operators that already have licenses granted by EU member states must be regulated).

To establish a fiscal system on the online gaming services according to the origin of the operations subject to taxes. On the same line, regulation must have a distribution system of the tax collection between the state administration and 17 autonomous communities.

To assure that online gaming just may be held by authorized operators.

That the administration of online gaming activities is being held by the state administration, when those activities are developed in the country, or when it comprises more than one automonous community.

The positive part of the measure is that most operators trust that the legislation should respect points 2 and 3, allowing operators with licenses granted in the EU to operate inside their limits.

The most controversial point may refer to the tax issue, represented in point 4. To reach to an agreement between the central government and the autonomous communities with regards to the distribution of taxes from game, may become the key to close a definite agreement among all the agents involved.

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