The Congress of Deputies approves the reform of the Gambling Regulation Law
The reform that the Congress of Deputies approved last Thursday, September 15, has been sent to the Senate for debate and, if necessary, its amendment that, if necessary, would return to Congress for final approval. The reform of the Gambling Regulation Law modifies Law 13/2011 with regard to the protection and guardianship of minors as well as introduces a reference to the instruments for the eradication of gambling fraud.
The Plenary of the Congress of Deputies approved on September 15 the reform of the Gambling Regulation Law, Law 13/2011 . The government initiative which has been referred to the Senate for processing, has had the support of a good part of the parliamentary groups with the exception of Vox, PP and Unión del Pueblo Navarro who have decided to abstain.
The approved text, which has also included 4 transactional amendments, has as its objectives to strengthen the 2011 Law in the sense of the protection of minors and the prevention of addictive behaviors within the framework of the General Law for the Defense of Consumers and Users whose reform entered into force last May. It also includes provisions relating to fraud and manipulation of sports competitions .
Eradication of fraud and manipulation of sports competitions
The Government and the DGOJ had expressed their wish that the fight against betting fraud be present in the text of the Law through the Global Betting Market Research Service (SIGMA). To this end an additional ninth provision has been added . This provision is about the broadest section of the entire Law reform.
The SIGMA that it will be managed by the DGOJ “its purpose is the prevention and fight against fraud in the sports betting market and manipulation in competitions of this type” . It contemplates the adhesion of: the Higher Sports Council, sports federations, professional leagues and gaming operators. The latter they will become part of the Service through a resolution of the DGOJ .
The State Security Forces and Bodies will also be part of SIGMA as assignees of the data provided by the DGOJ and in accordance with the current Data Protection Law. The DGOJ reserves the right to restrict access rights to data processing for the sole purpose of not obstructing the ongoing investigations.
Protection of minors and gambling participants
In the sense of one of the inescapable objectives of the Gaming Law, such as the guardianship and protection of minors and participants in the games, a paragraph 16 to Article 21 of Law 13/2011, which is part of the chapter on the National Gambling Commission, whose functions are assumed by the DGOJ. The text is as follows :
“16. To protect groups of players at risk by evaluating the effectiveness of the measures on responsible or safer gambling aimed at these groups that, in compliance with the regulatory obligations that are applicable, must be developed by gaming operators.”
The government has considered it important that an express mention be made to this additional function of the National Gaming Commission as the authority to test the effectiveness of measures on responsible and safe gambling that are required of operators in accordance with the regulatory framework in force.