Austria’s Online Gambling Reform Takes Shape: Draft Legislation Published for Public Consultation

Following our recent article, “The Fall of Austria’s Gambling Monopoly: Opening the Market to Online Casino Operators”, the Austrian government’s plans to fundamentally reshape the country’s online gambling landscape have now taken a concrete step forward. The long-awaited draft amendment to the Austrian Gambling Act (Glücksspielgesetz) has been published for public consultation, providing the first detailed insight into how the future licensing regime may operate.

Stakeholders will have the opportunity to submit comments and observations on the draft until 15 July 2026, after which the legislative proposal is expected to continue through the parliamentary process. While changes remain possible, the draft provides a strong indication of the government’s intended regulatory framework.

 

From Monopoly to Multi-Licensing

The most significant feature of the proposal remains the replacement of Austria’s longstanding online gambling monopoly with a regulated multi-licensing regime for online gambling operators. Unlike the current framework, which grants a single operator the right to provide online casino products, the draft legislation contemplates an unlimited number of online gambling licences, allowing multiple operators to enter the Austrian market, provided they satisfy strict regulatory requirements.

The government makes clear that this is not intended to be a liberalisation of the market as such. Rather, the reform seeks to channel existing demand for online gambling into a controlled and supervised environment while maintaining high levels of consumer protection and strengthening enforcement against unlicensed operators.

 

Extensive Player Protection and Enhanced Enforcement

As anticipated, player protection is at the heart of the proposed regime. The draft introduces a series of measures aimed at strengthening responsible gambling standards and aligning Austria with regulatory developments seen in other European jurisdictions. These include:

• mandatory player protection obligations and behavioural monitoring;
• a central cross-operator exclusion register;
• an operator-wide online gambling supervision system;
• limits linked to the player’s age;
• enhanced regulatory oversight and reporting obligations.

The draft introduces statutory deposit limits requiring operators to restrict deposits to EUR 250 per week for players under 26 years of age and EUR 1,680 per month for players aged 26 and above. At the same time, the regime adopts a risk-based approach for players who have reached the age of 23. For these player higher deposit limits may be permitted where there is no indication of gambling-related harm. Any increase must, however, be accompanied by additional safeguards.

The draft is also notable for its extensive enforcement toolkit. Austrian authorities would gain significantly strengthened powers to combat unlicensed operators, including:

• website blocking mechanisms;
• payment blocking measures targeting transactions connected to illegal gambling operators;
• public blacklists of unlicensed operators; and
• enhanced investigative and supervisory powers.

These provisions demonstrate a clear intent to ensure that the opening of the market is accompanied by robust enforcement against operators that remain outside the regulatory framework.

 

Licence Duration and Entry Requirements

The proposed licensing model is structured around an initial probationary period. The first online gambling licence would be granted for a term of up to 5 years. Any subsequent licence renewal could be granted for a period of up to 10 years.

Applicants must satisfy a number of minimum eligibility criteria. In particular, licence holders must:

• be organised as a stock corporation or limited liability company with a supervisory board;
• have their seat within Austria or another EU/EEA Member State;
• possess paid-up share capital of at least EUR10 million;
• demonstrate the required regulatory reliability and integrity; and
• pay a licensing fee of EUR300,000 for the initial grant of an online gambling licence.

These requirements reflect the legislator’s intention to admit only well-capitalised and highly compliant operators into the Austrian market.

 

A Particular Challenge for Former Grey-Market Operators

One of the most closely watched aspects of the reform concerns operators that have historically offered online gambling services to Austrian consumers without holding an Austrian licence.

The draft legislation provides a pathway for such operators to enter the regulated market. However, access is subject to several stringent conditions. Most notably, applicants must demonstrate that:

• all previously due and non-time-barred Austrian gambling tax liabilities have been fully paid;
• all final Austrian court judgments obtained by players against the operator have been satisfied; and
• final Austrian civil judgments are enforceable in the operator’s home jurisdiction.

These provisions are likely to have considerable practical implications for many international operators and may require extensive legal and tax due diligence before an application can be submitted.

 

Cooling-Off Period

Another point that will be particularly relevant for foreign operators is the proposed cooling-off regime, which appears to be inspired by the Dutch market-opening model. This mechanism was introduced to incentivise operators to exit the grey market before the launch of the regulated licensing regime.

Operators that have offered online gambling to players in Austria without an Austrian licence must cease such activities by 1 January 2027 and remain inactive until obtaining an Austrian licence. Operators that only withdraw from the market after that date would be subject to an 18-month exclusion period, increasing to 24 months for operators that continue their activities beyond 31 December 2029.

 

Outlook

The publication of the draft legislation marks a significant milestone in Austria’s gambling reform process. For the first time, prospective market entrants can assess the practical requirements for obtaining an Austrian online gambling licence and evaluate the regulatory and commercial implications of market entry.

However, the consultation process remains ongoing, and important elements of the framework may still evolve before the legislation is enacted. Operators with an interest in the Austrian market should therefore closely monitor developments and consider participating in the consultation process before the 15 July 2026 deadline.

The draft is also likely to have significant implications for the ongoing wave of player litigation against foreign operators. While the proposed reform does not seek to prevent or extinguish player claims as such, it effectively establishes a clear cut-off date for operators wishing to participate in the future licensing regime. Any operator seeking an Austrian licence will be required to cease unlicensed operations by 1 January 2027 and, importantly, must satisfy all final Austrian court judgments obtained by players before a licence can be granted. As a result, although player litigation is unlikely to disappear entirely, the reform could mark the beginning of the end of the historic disputes arising from the former grey market.

If adopted substantially in its current form, the reform would represent one of the most significant changes to Austria’s gambling regulation in decades, creating new opportunities for licensed operators while imposing some of the most comprehensive player-protection and enforcement mechanisms currently seen in Europe.