The original and most popular version of this game was the "Don Clemente Gallo" edition from featuring the imagery of Mexican folk art that is used in many different versions. Lotería's iconic imagery is a reflection of our Mexican culture and it holds a special place in many peoples hearts.

Learning how to play Lotería is pretty simple if you have played bingo before, so no need to stress! The rules are very similar to regular bingo, placing mark spots on your board but here we call it a "tabla" or "carta".

Traditionally you would use raw beans as your marker, but there are no rules here and, honestly, anything you have an abundance of can be used, like pennies, small rocks, beads, anything! For this game you will need one "tabla" for each player and one deck of lotería cards. To play this game there needs to be at least three players, but the more the merrier, just make sure you have enough tablas to give around.

One person, will be announcing the cards. This person, known as "el gritón" or yeller, has to be witty and good with puns and rhymes as their job is not only to yell the name of the card but also to distract the players while doing so, and usually with humour. This person can also be playing their own board at the same time as the other players, but they need to be good at multi-tasking.

All the cards are in Spanish and they have an illustration of different things like "La Rosa" or "El Músico" sometimes you can even say a poetic phrase after each card like "La Dama, La dama puliendo el paso, por todo la calle real" translated to The Lady: The lady, taking an elegant walk along the main street.

The point of the game is to be the first to fill your card and shout out "buenas" or "lotería" to declare your winning victory! To us Mexicans, Lotería is always spent as a good time regardless of who wins or loses! It's a great game to play because, unlike other family board games, this game is easy to understand so people of all ages can play.

Also, there are some families who add levels of difficulty to this game by playing several boards at the same time as a big one. Others, have the cards called out with riddles instead of the image, so you would have to guess what the card is. There are thousands of creative ways to play this game!

Lotería can be an excellent way to learn Spanish! Mostly because of its nature of simple, easily pronounced words associated with images and for its repetition, but also for the rhymes that help understand the use of vocabulary and its context!

Also, through the images of lotería one can get to know a lot about Mexican culture in general. From the calavera or la muerte that represent día de muertos and our relationship with these images, to la chalupa that is a typical element from Xochimilco a traditional place in Mexico city.

Lotería is not traditional to one specific state or region: everyone in Mexico has played this game! This is why the images shown here are so iconic and can be found everywhere in Mexico.

We would like to know what are some of your most greatest and funniest memories you've experienced while playing Lotería! A small healthy dose of competition won't hurt nobody right? Ola: I live in a part of Silicon Valley CA The USA where there are lots of Hispanics.

I just bought the full Game to play with my Irish family on my 55th birthday, so thanks for the instructions, Gracias a Dios! Sign up to receive members-only exclusive offers, first look of our new products, travel guides, and tips across México, authentic food recipes, cultural highlights of mexican traditions, and so much more.

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Clothing Shop All Blouses Dresses Skirts T-Shirts Sweatshirts Mens Kids' Clothing. The consumer protection regulations in Spain are well developed; and instead of balancing the positions of consumers and companies, they are clearly tilted towards the over protection of consumers. In addition to the provisions on social responsibility set out in the applicable regulations — in particular, those on responsible gambling — and those of the Consumer General Protection Act which contains prolific provisions aimed at protecting the rights of consumers , the General Directorate for Gambling Regulation has issued guidance on the drafting of terms and conditions of gambling operators.

This aims to reinforce the contractual position of consumers and to protect the governing principles of any gambling contract, as follows:. The anti-money laundering AML legislation has been slightly revised to accommodate certain needs arising from gambling activities in Spain, in both the remote and non-remote sectors.

However, the reality today is that the AML legislation and the gambling regulations should be updated to strengthen the powers and duties of gambling operators, given the subterfuges used by individuals seeking to launder money through gambling.

Based on the definition of 'gambling' in Spain, the concept of gambling subject to licence requires the existence of three essential elements:. If one or more of these elements is missing, the product or activity will be exempt from the gambling regime and regulations.

Accordingly, games of pure skill fall outside the scope of gambling, as they do not involve a degree of chance; and prizes in contests, sweepstakes or prize draws are also exempt, as long as these are free and no economic contribution is required to participate.

Social gambling is not regulated in Spain. However, the Gambling Act defines 'social games' as:. gambling or contests of pure leisure, hobby or recreation at federal level that constitute social practices that are traditional, familiar or friendly, provided they do not result in transfers economically assessable, except the price for the use of the means for its development, when this measure does not constitute any economic benefit to the developer or operators.

Generally speaking, pursuant to the Civil Code, gambling contracts are enforceable in the same way as any other contract. The contractual relationship between a player and a gambling operator may be described as follows:.

The operator's general terms and conditions are governed by the specific gambling regulations — which are totally focused on the protection of the rights of consumers — and the consumer protection regulations. Each specific betting contract is also governed by the provisions and principles of the Civil Code, which is the main statute — apart from the gambling regulations — that makes each of these individual betting contracts enforceable.

Hence, the enforceability of a betting contract will depend on compliance with basic Civil Code provisions. For instance, if a player tries to enforce a betting contract after the cancellation of a bet by the operator — perhaps because the player tried to obtain an advantage through a technical error from the operator, such as a late bet on which the player was able place a stake once the relevant event had already concluded — the court will need to decide on issues such as:.

Class actions, however, must be heard before the mercantile courts. The culture in Spain is considerably more litigious than in other European jurisdictions. The player lost at first instance but succeeded on appeal. For the Supreme Court, this "magnitude and disproportion" constituted "an abuse that the law cannot protect".

Over the past two years or so, certain developments have prompted a change in legislative and regulatory trends in the gambling sector. They include:. Moreover, the town halls of certain cities in Spain which have traditionally been reluctant to allow such premises have established additional restrictions to those set out in the gambling regulations, making the authorisation process even more complex.

With regard to online gambling, in addition to the new royal decree on gambling advertising -which is now fully applicable in Spain although there is currently an unconstitutionality question raised before the Spanish Constitutional Court that should decide whether the regulation goes against the principle of legal reserve- a new regulation on responsible gambling was approved on the 14 th of March , and published in the Official Spanish Gazette the day after.

This regulation will entry into force in 6 months since its publication in the Official Spanish Gazette, with the exception of certain articles which, due to the special complexity of the technological developments involved, will enter into force in 12 months since its publication.

It should also be pointed out that there is currently a legislative process in place aimed to regulate the loot boxes product. The prevailing trend in Spain is thus the protection of consumers through the imposition of new rules and restrictions on operators, resulting in an over-regulated market with excessive protection of consumers.

In light of the current political and regulatory circumstances, the best tip for operators is to ensure full compliance with the regulations, as any infringement could result in economic sanctions as well as other additional measures. The prevailing trend in Spain reflects that in most other European jurisdictions, where the 'golden days' of the gaming industry seem to have ended and new regulatory restrictions are now commonplace.

The rise of populist parties and the proliferation of 'fake news' informed the approval of a new advertising decree which, in practical terms, imposes an almost total ban on gambling advertising. The new decree on responsible gambling which should come into force mid will only make things more complex.

Undoubtedly, these are the two sticking points that operators should bear in mind in the coming months. The content of this article is intended to provide a general guide to the subject matter.

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Media, Telecoms, IT, Entertainment. Spain: Gambling Comparative Guide. by Alla Serebrianskaia and Santiago Asensi. To print this article, all you need is to be registered or login on Mondaq. For example, does the current law reflect: a Religious or moral objections to gambling?

b A permissive approach which also seeks to address the social consequences of gambling? and c The promotion of gambling as an 'export' industry? The legislative and regulatory provisions that govern gambling in Spain vary depending on whether the activity is: offered online at the federal level; or land-based or online offered only within one or several regions in Spain.

What powers do they have? Clear examples of this trend include: the new regulation on gambling advertising applicable to online operators licensed at the federal level one of the most restrictive in Europe ; further restrictive regulations on advertising approved at the regional level; and the suspension of new authorisations for land-based gambling premises by a significant number of autonomous regions and regulators.

Alla Serebrianskaia. Santiago Asensi. ARTICLE TAGS. POPULAR ARTICLES ON: Media, Telecoms, IT, Entertainment from Spain. The New Digital Services Act Is Here — Are You Ready? Gowling WLG. The new Digital Services Act DSA came into force on 17 February The aim of the DSA the Act , as covered in our earlier article Fall In Customer Engagement May Put Leisure And Hospitality Reputations At Risk WTW.

Leisure and hospitality companies may not be doing enough to detect and prevent threats before they happen, according to WTW's latest Reputation Risk Readiness survey. Deepfakes In Advertising — Who's Behind The Camera? Herbert Smith Freehills. Marketing using influencers including celebrities and social media personalities isn't anything new, but it has seen rapid growth in recent years The Gloves Are On, And They're Getting Safer!

Some Recent Innovations In Fighting Glove Technology Potter Clarkson. I'm a big fan of safety you can read my previous article about cycle helmets here , but even I have to admit that there is something uniquely thrilling about sports dedicated to beating The European Union Digital Services Act DSA now applies to all digital "intermediary services" that provide users with access to online goods, services, and content.

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The rules are very similar to regular bingo, placing mark spots on your board but here we call it a "tabla" or "carta". Traditionally you would Missing The cards are 5x5 and when you get a line of 5 numbers in any direction (horizontal, vertical, diagonal) then it's "Bingo" and you win. Very

Spanish bingo laws and regulations - Loteria cards are not considered bingo equipment as defined by Occupations Code, §(5). (h) Style of play and minimum standards of play. Prizes awarded The rules are very similar to regular bingo, placing mark spots on your board but here we call it a "tabla" or "carta". Traditionally you would Missing The cards are 5x5 and when you get a line of 5 numbers in any direction (horizontal, vertical, diagonal) then it's "Bingo" and you win. Very

In accordance with this Law, licenses and authorizations of play activities are entitled. The Autonomous Communities shall issue a preceptive report on the applications for titles made to the National Gambling Commission that may affect their territory.

For this purpose, play activities will be considered to affect an Autonomous Community, when the gaming operators have in it their residence, social domicile or, if they do not agree with them, the place where the administrative management and management of their business is effectively centralized.

The installation or opening of premises open to the public or of equipment that allows participation in the games will, in any case, require administrative authorization from the Autonomous Community whose legislation so requires.

These authorizations will be governed by the corresponding autonomic legislation. The National Gambling Commission will inform the competent autonomous bodies of the granting of the titles that affect their territory.

The same procedure shall be followed in the event of modification, transmission, revocation and termination of the qualifications, as well as in the cases of sanction of the activities subject to them. Any activity within the scope of this Law that is carried out without the preceptive title enabling or in violation of the conditions and requirements set forth in it shall have the legal consideration of prohibition, being subject to those who promote it or carry out the penalties provided for in Title VI of this Law.

Enabling titles required for the exercise of play activities under this Law may not be subject to assignment or exploitation by third parties. The transfer of the title may only be carried out, with the authorization of the National Gambling Commission, in cases of merger, excision or contribution of activity branch, motivated by a business restructuring.

The titles granted by other States shall not be valid in Spain. The operators recognized by other member States of the European Economic Area must comply with the requirements and the procedure established by the current legislation. The procedure by which the National Commission of the Game will be able to validate the documentation already presented by an authorized operator in the European Economic Area, exempting from its new presentation in Spain will be established.

The licenses and authorizations regulated in this Law shall be extinguished in the following cases:. b In the course of its period of operation without the request or grant of its renewal, when such renewal had been provided on the basis of the call for the corresponding procedure.

c By resolution of the National Gambling Commission, which expressly provides for the concurrence of any of the following causes of resolution:. The death or disability of the authorisation holder, where he is a natural person, the dissolution or extinction of the license or authorization company, as well as the definitive cessation of the activity subject to such enabling titles or the lack of its exercise for at least one year, in the cases of license.

o The declaration of contest or the declaration of insolvency in any other procedure. o The assignment or transmission of the enabling title through fusion, excision or contribution of activity branch, without prior authorization.

Obtaining an enabling title with falsehood or alteration of the conditions that determined its granting, prior hearing of the interested party, where appropriate.

Obtaining the enabling title referred to in paragraph 1 of this article shall be conditioned upon the operator to be aware of the payment of the corresponding tax obligations.

Those interested in developing non-occasional gaming activities should obtain, as a pre-development of any kind of game, a general license for each type of game defined in article 3, letters c , d , e and f , depending on the type of game they intend to market.

The granting of general licenses for the exploitation and commercialization of games will be carried out by the National Commission of the Game, following the timely call for a procedure that will conform to the principles of advertising, competition, equality, transparency, objectivity and non-discrimination, and which will be governed by the fold of bases that, on the proposal of the National Commission of the Game, be approved by the holder of the Ministry of Economy and Finance and will be published in the Official Gazette of the State.

The convening of the procedures for granting general licenses for the exploitation and marketing of games will be promoted, ex officio or at the request of any interested party, by the National Commission of the Game.

The promotion of the call to the request of the interested party shall be carried out within six months from the receipt of the request unless the National Commission of the Game reasonably considers that there are reasons for safeguarding the public interest, protection of minors or prevention of phenomena of addiction to the game that justify that the call requested is not appropriate.

The interested parties may request the convening of a new procedure for granting general licenses for the exploitation and marketing of certain games, at least 18 months after the date of the previous call in relation to the same mode of play. The bases that govern the call shall not limit the number of licenses that may be granted, except that on the proposal of the National Gambling Commission and on the basis of the procedure instructed to that effect in which the potential interested parties will be heard, it is considered necessary to measure the offer of the game object of the call and limit the number of operators.

The limitation of the number of operators will be based solely on reasons for the protection of the public interest, the protection of minors and the prevention of phenomena of addiction to the game.

The basis of the call may be included as criteria to be taken into account in the award, the experience of the competing bidders, their solvency and the means with which they have for the exploitation of the license.

The base fold of the procedure referred to in the preceding paragraph shall establish the minimum, total and disbursed social capital required for the participation in the tender. Along with the request to participate in the call, the applicant must submit an operating plan that takes into account the principles of the responsible game, the formation of employees, the distribution channels, the design of games and the other aspects of their activity that are regulated.

The decision to grant general leave shall contain the content that is determined by regulation and, in any event, the following:. a Denomination, duration, domicile and social capital, and where applicable, the percentage of non-community capital participation.

b Relationship of members of the board of directors, managers or agents if any. c Nature, modalities and types of activity subject to licence, as well as events on which those activities are carried out. d A territorial area in which the activity subject to licence is to be carried out.

e Conditions of awards to be awarded by game or bet and amount of the same that in no case may exceed the percentage that is established in the solicitation documents. f Relationship of the systems, equipment, applications and technical instruments that will be used for the exploitation of the activity.

i Period of validity, possibility of extension and causes of termination of the license. j The established systems, procedures or mechanisms, in accordance with the nature of the game, to avoid access by persons incurs into any of the subjective prohibitions set out in article 6 of this Law and especially those aimed at ensuring that the age of participants has been ascertained.

a Develop the activity of gambling in the state field, with the rights and obligations recognized in the fold of bases and in the resolution of granting. b Get the unique license of exploitation for each mode and type of game, provided they meet the requirements.

d Print a specific website with a domain name under ". es" for the development and marketing through the Internet of play activities in the area of application of this Law. The operators enabled to perform play activities shall assume as commitments, as far as the responsible management of the game is concerned:.

b Ensuring the integrity and security of the games, ensuring the participation, transparency of the draws and events, the calculation and payment of prizes and the diligent professional use of the funds, in their broadest sense.

d Reducing any risk of potential damage to society, this includes combating illegal gambling and associated criminal activities. e To cooperate actively in accordance with the current regulations, with the authorities responsible for the prevention of money-laundering.

The set of principles and practices to be adopted in order to protect the public order by ensuring the integrity of the game, while simultaneously optimizing the benefits for the Society, will be understood by Management responsible for the game.

The National Commission of the Game shall verify the performance by the operators of their commitments without prejudice to the oversight powers of the Executive Service of the Commission on the Prevention of Money-Laundering and Monetary Infringements in the prevention of money-laundering and the financing of terrorism established by article General licenses will last for 10 years and will be extended for an identical duration.

In cases where, in accordance with the provisions of paragraph one of this article, the number of operators of a particular game has been limited, the extension of the general license will not take place and its award must be made through the procedure called for this purpose when the following requirements are met:.

b Have you requested it within a period of at least 24 months in advance of the due date. c That the applicant or applicant credit the performance of the requirements that were taken into account in obtaining the license by the holder or holder.

The exploitation of each of the types of game included within each general license will require the granting of a unique license of exploitation. The granting of the singular licenses and their extension shall be subject to the requirements and conditions established by the National Gambling Commission within the framework of the regulation of each of the game modalities.

Operators with the general license may apply for unique licenses. Only the singular license of that activity of which it has been published, with a prior character, may be requested. In the event of not being regulated, the gambling operator may request its regulation to the competent body which may, if any, reasonably dismiss the application.

The procedure for obtaining singular licenses will be developed. The requirements established under the singular licensing procedure shall respect the principles of transparency, objectivity and non-discrimination, and shall be proportional to the protection of public health, juveniles and dependents and to the prevention of fraud and money-laundering and the financing of terrorism.

The singular licenses will have a minimum duration of one year and maximum of five and will be extended for successive periods of identical duration. The regulation of each type of game will determine the duration of the corresponding singular licenses and the conditions and requirements to be met for extension.

The loss of the general license will entail the loss of the singular licenses linked to it. The holding of any play activities subject to this Act which is of an occasional or sporadic nature is subject to prior authorization, in accordance with the procedure determined by regulation.

The granting of authorizations for the holding of games of an occasional nature corresponds to the National Commission of the Game that may establish the limitation in the amount of the prizes. Persons or entities applying for authorization shall meet the corresponding rates.

After one month after the request for authorization has not been notified of its award, it will be dismissed by silence. The organization and exploitation of the activities covered by this Law may, on a case-by-case basis, be carried out by natural or legal persons, public or private entities, with Spanish nationality or a country belonging to the European Economic Area and have at least one permanent representative in Spain.

It is only possible to participate in the concurrential procedure of general licenses for the exploitation and marketing of games that are not of occasional character, the legal persons in the form of an anonymous company that have as their only social object the organization, marketing and exploitation of games, being constituted, to that effect, as operators of games or bets.

Companies that request the exploitation or organization of the games provided for in this Law shall credit technical, economic and financial solvency, in the terms that are regulated.

The direct or indirect participation of non-community capital will have as a limit what is set out in the current foreign investment legislation in Spain. The licences and authorizations provided for in Title III of this Law may not be held by the natural or legal persons in whom any of the following circumstances occurs:.

a To have been sentenced by a firm sentence within four years prior to the date of the application of the title entitled, for an offence against public health, falsehood, unlawful association, smuggling, property and against socio-economic order, against the Public Administration or against the Public Treasury and Social Security, as well as any criminal offence arising from the management or exploitation of games for which they had not been authorized.

c The natural person, the legal person or its partners, managers or administrators have been sanctioned by a firm administrative decision for two or more serious violations over the past four years, for breach of the rules of play by the State or the Autonomous Communities.

d The natural person or the legal person, on the basis of which they had been found guilty, had been given rise to a firm resolution of any contract with the General Administration of the State. f Do not be aware of the performance of tax obligations or of social security imposed by existing provisions.

i The natural or legal person has been sanctioned by a final resolution for very serious violations contained in Act No. j Participating entities or organizers of sporting events or other events on which the bets are made. These prohibitions apply to legal persons whose administrators or representatives, in force their position or representation, are in such a situation by actions carried out on behalf of or for the benefit of such legal persons, or in which the conditions, qualities or relationships required by the corresponding figure of the type are met to be active subject to the same.

The prohibitions of obtaining the enabling title will also affect those companies from which, because of the persons who govern them or other circumstances, it may be assumed that they are continuation or that they derive, by transformation, merger or succession, from other companies in which they would have occurred.

The mode of appreciation and scope of prohibitions, as well as the justification by individuals or entities not to be involved in prohibitions, will be determined.

Legal persons intending to organize, exploit and develop the play activities under this Law by applying for a general license, shall apply for provisional registration in the General Register of Game Licenses, in the terms that are established by regulation. Operators who obtain a general license shall constitute a guarantee in the terms, modalities and amounts that are established by regulation.

The guarantee referred to in the preceding paragraph shall affect the fulfilment of the obligations set forth in this Law and especially the payment of the awards, the responsibilities arising from the sanctioning regime and the payment of the accruals in the field of gambling where, after the period established by regulation, they would not have been effective.

Once the causes of its constitution have been disappeared and where there is no knowledge of outstanding obligations or responsibilities to which it is concerned, it shall be returned, at the request of the person concerned, upon the timely settlement where appropriate.

Additional guarantees may be established in connection with the granting of unique licenses to be determined by the National Gambling Commission for each type of game under the conditions and with the limits set out in the Ministerial Orders establishing the basic rules of the games, affecting the fulfillment of the specific obligations of the awards and the fulfillment of any other obligation of the operator.

Guarantees should be kept up to date. If within one month to be counted from the date of the request the update is not carried out, the interested party may incur the revocation of the enabling title. a To obtain clear and truthful information about the rules of the game in which they wish to participate.

b To collect the prizes that may correspond to them in the established time and form, in accordance with the specific rules of each game. c To make claims to the National Commission of the Game against the decisions of the operator that affect their interests. e To play freely, without coercion or threats from other players or from any other third person.

f To know at any time the amount you have played or bet, as well as in the case of having an open user account in the game operator, to know the balance of the same.

h To know at all times the identity of the game operator, especially in the case of telematic games, as well as to know, in the case of claims or possible infractions, the identity of the staff that interacts with the participants. a Identify yourself to the gaming operators in the terms that are established.

b To comply with the rules and rules that, in relation to the participants, are established in the ministerial orders that are approved in accordance with Article 5 of this Law.

The relationship between the participant and the authorized operator constitutes a private relationship, and therefore disputes or disputes that may arise between them shall be subject to the courts and tribunals of the civil court order, without prejudice to the exercise of the sanctioning power exercised by the National Gambling Commission within the competence recognized in this Law.

The operators will only treat the data of the participants that were necessary for the proper development of the play activity for which they had been authorized and for the fulfilment of the obligations set forth in this Law. The data will be cancelled once the purposes that justified their treatment have been fulfilled.

The operators shall also implement on the files and treatments the security measures set out in the current regulations on data protection and comply with the secret duty imposed by such regulations.

The entities that carry out the organization, exploitation and development of games regulated by this Law shall have the material software, equipment, systems, terminals and instruments in general necessary for the development of these activities, duly approved.

The approval of the technical gaming systems, as well as the establishment of the specifications necessary for its operation, corresponds to the National Gambling Commission, which will approve in the framework of the criteria set by the Ministry of Economy and Finance and the Gambling Policy Council, the certification procedure of the technical gaming systems including, as appropriate, the approvals of gaming material.

The National Gambling Commission will ensure that the establishment of the specifications, as well as the procedures for the certification and approval of gambling materials, do not introduce obstacles that may unwarrantedly distort competition in the market. Approvals and certifications validated by the competent bodies of the Autonomous Communities for the granting of autonomous qualifications may have an effect on the procedures regulated in this Law in the terms that are established by regulation.

In the procedures for the approval of the technical gaming systems that may affect in a relevant way the processing of personal data by the operators, the National Gambling Commission will request a report from the Spanish Data Protection Agency.

The technical system for the organization, exploitation and development of games by electronic, computer, telematic and interactive means, regardless of the provisions of article 24 of this Law for the purposes of inspection and control, shall be composed of the Central Unit of Games and the set of technical or telematic systems and instruments that enable the organization, marketing and holding of games by these means.

The technical system, which will bring together the conditions established by the National Gambling Commission, should have the necessary authentication mechanisms to ensure, among others:. b The identity of the participants, in the event of the games developed through telematic and interactive means, as well as the verification, in the terms that are regulatoryly established, that they are not registered in the Register provided for in article b of this Law.

e Compliance with the subjective prohibitions regulated by article 6 of this Law. f Access to the components of the computer system exclusively of the authorized staff or of the National Game Commission itself, under the conditions that it may establish.

The operators authorized for the organization, exploitation and development of the games of a permanent nature subject to this Law shall have a Central Unit of Games which shall comply with the specifications established by the National Commission of the Game, and shall permit:.

a Register all actions or operations carried out from computers and users connected to it. c Check at all times, if necessary, the operations carried out, the participants in them and their results, if the nature of the game permits it, and rebuild in a reliable way all the actions or operations carried out through it.

Operators must ensure the existence of the necessary backups and the application of the technical measures and contingency plans to ensure the recovery of data to any type of incidence.

The operators must have a replica of their Central Games Unit, which will allow the normal development of the activity of the games, with all guarantees, in the cases where the Main Unit is out of service.

Both the Central Unit of Games and its replica, will incorporate secure and compatible computer connections with the systems of the National Commission of the Game, that will allow it to carry out a control and monitoring, in real time if necessary, of the activity of play carried out, of the awards granted and of the identity of the people participating and are rewarded in them, and in their case, of the return of prizes that will eventually be produced for the purpose of annulment.

The Central Unit must be able to be monitored from Spanish territory by the National Game Commission, regardless of its location.

The National Gambling Commission may require secondary units of the operator's systems to be located in Spain for the purpose of verifying and controlling the information. The holder of the Ministry of Economy and Finance shall have the following competences:.

Establish the basic regulation of each game and in the case of sporadic games, the general basis for its practice or development, based on the criteria set by the Gambling Policy Council. To adopt the basis documents of the concurrential procedures referred to in article Develop and modify the rules in play that are deemed necessary for the fulfilment of the purposes of this Law.

Authorize the commercialization of lotteries and impose penalties for offences classified as very serious, in accordance with articles 4. Propose the appointment of the President and the advisers of the National Gambling Commission. To instruct the cease file of the members of the National Gambling Commission referred to in article 29 f of this Law.

The National Game Commission is set up to ensure the proper functioning of the game sector and ensure the effective availability and delivery of competitive services for the benefit of users. Its purpose is to authorize, supervise, control and, where appropriate, punish the development, exploitation and marketing of games and other activities provided for in the area of implementation of this Law.

As a guiding principle, it must ensure the integrity, security, reliability and transparency of the gaming operations, as well as compliance with the existing regulations and conditions established for the exploitation of the gaming activities.

It will also channel the demand by dimensioning the supply of play activities, avoiding the exploitation of gambling activities for fraudulent purposes and establishing the appropriate framework to protect minors by developing or driving specific actions, programmes and activities to prevent the development of dependency phenomena.

The National Gambling Commission is a functionally independent agency of the State General Administration, although it is attached to the Ministry of Economy and Finance through the State Secretariat of Finance and Budgets, which assumes the functions of coordination between the Commission and the Ministry.

By Royal Decree agreed upon in the Council of Ministers, the Statute of the National Gambling Commission shall be adopted, establishing its organization, structure, functioning, as well as any other aspects that are necessary for the performance of its functions and which in any case shall have the following content:.

a The functions to develop and, where appropriate, the decision-making powers corresponding to the powers assumed by the General Administration of the State and its Public Agencies, and any other assigned to it.

b The determination of headquarters, organizational structure and operating system. c The personal, material, economic-financial and property means that are attached to the National Commission of the Game. d The form of participation of the Autonomous Communities or other public administrations in the National Commission of the Game.

In the exercise of its public functions, and in the absence of the provisions of this Law and the rules that complete or develop it, the National Gambling Commission shall act in accordance with the provisions of its specific legislation and in addition by Act No. Develop the basic regulation of the games and general bases of the sporadic games when so determined by the Ministerial Order to approve them.

Propose to the holder of the Ministry of Economy and Finance the forms of the procedures referred to in article Report, on a preceptive basis, the authorization of booked lottery activities. Establish the necessary technical and functional requirements of the games, standards of technological operations and quality certifications, and processes, procedures, disaster recovery plans, business continuity plans and information security, in accordance with the forecasts contained in the relevant regulations and the criteria set by the Gambling Policy Council.

Homologate the software and technical, computer or telematic systems accurate for the realization of the games, as well as the standards of the games, including the mechanisms or systems that allow the identification of the participants in the games.

In the exercise of this function, the National Gambling Commission will ensure that any unjustified obstacle to competition in the market is avoided. To monitor, control, inspect and, where appropriate, to punish the activities related to the games, especially those related to the play activities reserved to certain operators under this Law, without prejudice to the powers assigned to the competition authorities.

Pursue the unauthorized game, already in the field of the Spanish State, already from outside Spain and which is directed to the territory of the State, may require any payment service provider, audiovisual communication service delivery entities, information society services or electronic communications, information concerning the operations carried out by the different operators or by organizers who lack an enabling title or the cessation of the services they are providing.

Ensure that the interests of participants and vulnerable groups are protected, as well as compliance with the laws, regulations and principles that govern them, to defend public order and avoid unauthorized play. Establish appropriate channels to provide the participant with accurate and adequate information on effective gaming activities and claim procedures.

Promote and carry out studies and research in the field of play, as well as their impact or impact on society. Collaborate in the implementation of the legislation on the prevention of money-laundering and the financing of terrorism and monitor compliance with it, without prejudice to the competence of other administrative bodies in relation to operators engaged in play activities subject to activity by the Law.

Any other jurisdiction of a public nature and the administrative powers which the General Administration of the State and its Public Agencies currently have in the field of games, with the exception of the police functions corresponding to the Security Forces and Corps, without prejudice to the powers assigned to the competition authorities.

The National Gambling Commission shall, under its dependence and control, constitute the following State-wide Registers:. a The General Register of Game Licenses, in which the registrations of an interim nature of the companies that participate in the concurrential procedures of general licenses, as well as the definitive registrations of the entities that have obtained a license to develop the activity of play.

b The General Register of Access to Game Interdictions, in which the information necessary to give effect to the right of citizens to be prohibited from participating in play activities where identification for participation is necessary. Information concerning other persons who are prohibited by a court ruling from accessing the game or legally disabled shall also be registered.

The preceptive subjective requirements for registration in this registry shall be determined by the National Gambling Commission. The information of this registration will be provided to the game operators in order to prevent the access to the game of the registered persons.

The procedure for coordinating the communication of data between the Registers of Interdiction of Access to the Game of the different Autonomous Communities and the General Registry of Interdictions of Access to the Game will be established. c Registration of Persons Linked to Game Operators, in which the data of shareholders, shareholders or significant holders of the own gaming company, their managers and employees directly involved in the development of the games, as well as their spouses or persons with whom they live, ascendants and descendants in the first degree.

The processing of personal data in the files and records referred to in the preceding section, for the purposes provided for in this Law, shall not require the consent of its holders. The specific content of the records referred to in this article shall be determined. The records shall not include more data than those strictly necessary for the fulfilment of the purposes provided for in this Law.

The content of the records referred to in this article does not present a public character, with the communication of the data contained in the same, unique and exclusively, limited to the purposes provided for in this Law. The organization and operation of the game sector records will be established.

In this context, the National Gambling Commission and the competent bodies of the Autonomous Communities may agree, through appropriate collaboration agreements, the interconnection of their gambling records and the exchange of data and tax information, with full respect to the regulations governing the protection of personal data.

The National Commission of the Game may dictate those provisions that require the development and implementation of the rules contained in this Law, in the Royal Decrees approved by the Government or in the Orders of the Ministry of Economy and Finance, provided that these provisions expressly enable it to do so.

These provisions shall be prepared by the National Commission of the Game itself, prior to the appropriate technical and legal reports of the competent services of the Game, and the consultation, if any, to the Autonomous Communities. Such provisions shall be approved by the Council of the National Game Commission and shall not be effected until it is published in the "Official State Gazette" and shall enter into force in accordance with the provisions of article 2, paragraph 1, of the Civil Code.

Where provisions are made that may have a significant impact on the competition conditions of the gaming operators, the National Gambling Commission shall be obliged to request a previous report to the competent body on competition defence.

The provisions or resolutions issued by the National Gambling Commission in the exercise of the administrative powers conferred upon it in this Law shall terminate the administrative channel and may be resorted to in a manner that may be remedied in accordance with the provisions of Act No.

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.

The main requirements in order to obtain a general gambling licence in Spain to operate online at the federal level are as follows:. The substantive requirements for land-based licences vary from one region to another and also differ depending on the specific type of licence.

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:. Also, operators must have a bank account opened in Spain for the purpose of protecting players' funds.

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.

The application fees vary by region and type of licence. The application fees for a gambling licence at the federal level are:. In addition, applicants must provide an economic guarantee for each general licence they are interested in applying for.

These amounts are payable only for the application of the licence and until the end of the year following grant of the licence.

Licensed operators are entitled to operate and develop their activities under the scope of the licence granted. The holder of a general licence for online gambling is entitled to apply for a single licence under the umbrella of its general licence at any time; and the holder of a single licence has the right to provide the specific gambling product under the specific single licence.

In such cases, transfer of the licence is subject to the prior authorisation of the regulator, which will be granted only if the entities comply with all necessary requirements.

This basically involves evidencing:. Each of the 17 regions in Spain and the two autonomous cities of Ceuta and Melilla have their own specific regulations, and consequently, specific requirements and restrictions apply to these different facilities.

Although the different regional regulations are generally similar in terms of the licensing and authorisation procedures, the applicable requirements and conditions vary from region to region. In this regard, the requirements applicable to gaming halls are similar in all regions — for example:.

By contrast, the requirements applicable to casinos and betting shops vary significantly from one region to another — for example:. Following the regulatory distinction in the Spanish gambling sector, the different penalties and sanctions for breach of the gambling legislation are approved and foreseen by the Spanish Gambling Act and by the regulations of each autonomous region with respect to its territory and competence.

In general terms, sanctions are divided into very serious, serious and minor; and the associated penalties also vary depending on the severity of the sanction. The regional regulators are also entitled to revoke or temporarily withdraw a licence.

Physical gambling-related advertising is subject both to the royal decree and to the regional regulations on gambling advertising. Consequently, it must comply with all requirements that the autonomous regions may impose in accordance with their regulations.

However, advertising in gaming-focused printed media at the national level or at sports facilities through a sponsorship agreement is not subject to the regional regulations, but only to the principles of the royal decree.

The new royal decree has also tightened the gambling advertising regulations at the regional level. In this regard, most regions are in the process of adapting their regulations on physical advertising accordingly and are thus taking a more restrictive approach to gambling advertising, with some even prohibiting it altogether.

The Spanish regulations require both online and land-based gambling operators to adopt comprehensive corporate social responsibility policies which recognise that gambling is a complex phenomenon, and which combine preventive, awareness-raising, intervention and control measures, in addition to measures to remedy any negative effects caused.

In this regard, gambling operators must draw up an action plan to mitigate the possible damaging effects of gambling, which incorporates the basic elements of a responsible gambling policy.

In doing so, operators should:. The consumer protection regulations in Spain are well developed; and instead of balancing the positions of consumers and companies, they are clearly tilted towards the over protection of consumers.

In addition to the provisions on social responsibility set out in the applicable regulations — in particular, those on responsible gambling — and those of the Consumer General Protection Act which contains prolific provisions aimed at protecting the rights of consumers , the General Directorate for Gambling Regulation has issued guidance on the drafting of terms and conditions of gambling operators.

This aims to reinforce the contractual position of consumers and to protect the governing principles of any gambling contract, as follows:. The anti-money laundering AML legislation has been slightly revised to accommodate certain needs arising from gambling activities in Spain, in both the remote and non-remote sectors.

However, the reality today is that the AML legislation and the gambling regulations should be updated to strengthen the powers and duties of gambling operators, given the subterfuges used by individuals seeking to launder money through gambling.

Based on the definition of 'gambling' in Spain, the concept of gambling subject to licence requires the existence of three essential elements:. If one or more of these elements is missing, the product or activity will be exempt from the gambling regime and regulations.

Accordingly, games of pure skill fall outside the scope of gambling, as they do not involve a degree of chance; and prizes in contests, sweepstakes or prize draws are also exempt, as long as these are free and no economic contribution is required to participate.

Social gambling is not regulated in Spain. However, the Gambling Act defines 'social games' as:. gambling or contests of pure leisure, hobby or recreation at federal level that constitute social practices that are traditional, familiar or friendly, provided they do not result in transfers economically assessable, except the price for the use of the means for its development, when this measure does not constitute any economic benefit to the developer or operators.

Generally speaking, pursuant to the Civil Code, gambling contracts are enforceable in the same way as any other contract. The contractual relationship between a player and a gambling operator may be described as follows:. The operator's general terms and conditions are governed by the specific gambling regulations — which are totally focused on the protection of the rights of consumers — and the consumer protection regulations.

Each specific betting contract is also governed by the provisions and principles of the Civil Code, which is the main statute — apart from the gambling regulations — that makes each of these individual betting contracts enforceable.

Hence, the enforceability of a betting contract will depend on compliance with basic Civil Code provisions. For instance, if a player tries to enforce a betting contract after the cancellation of a bet by the operator — perhaps because the player tried to obtain an advantage through a technical error from the operator, such as a late bet on which the player was able place a stake once the relevant event had already concluded — the court will need to decide on issues such as:.

Class actions, however, must be heard before the mercantile courts. The culture in Spain is considerably more litigious than in other European jurisdictions.

The player lost at first instance but succeeded on appeal. For the Supreme Court, this "magnitude and disproportion" constituted "an abuse that the law cannot protect". Over the past two years or so, certain developments have prompted a change in legislative and regulatory trends in the gambling sector.

They include:. Moreover, the town halls of certain cities in Spain which have traditionally been reluctant to allow such premises have established additional restrictions to those set out in the gambling regulations, making the authorisation process even more complex.

With regard to online gambling, in addition to the new royal decree on gambling advertising -which is now fully applicable in Spain although there is currently an unconstitutionality question raised before the Spanish Constitutional Court that should decide whether the regulation goes against the principle of legal reserve- a new regulation on responsible gambling was approved on the 14 th of March , and published in the Official Spanish Gazette the day after.

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