Spanish Gambling Regulator works on a standardized mechanism for detecting risk gambling behavior

The purpose of protection of Spanish players

One of the main purposes of the DGOJ is the consolidation of an appropriate legal framework for the development of gambling activities at the national level, with a focus on the prevention of addictive behavior, the protection of the rights of vulnerable participants or at-risk groups and, generally speaking, the protection of consumers.

With that purpose in mind, and to enhance responsible gambling practices, the DGOJ has released a Daft Resolution on Risk Mechanism, which is under public consultation, aiming to establish a standardized mechanism for detecting risky behaviors among users of online gambling platforms. The said draft reflects Spain’s ongoing commitment to safeguarding public health and ensuring a secure digital gambling environment.

As a requirement for obtaining and maintaining the corresponding licenses, all gambling operators licensed in Spain have developed their own detection protocols based on their own criteria and thresholds for identifying and detecting these risk behaviors. However, the regulatory body has detected that these protocols reveal a high degree of heterogeneity among operators, both in terms of their design and their application, which leads to serious disparities in the levels of protection applicable to users depending on the operator where they access the games.

 

A proactive approach to gambling risks

The Daft Resolution on Risk Mechanism introduces a risk behavior detection mechanism that operators must implement to identify early signs of problematic gambling. This mechanism, based on a previously trained model provided by the DGOJ, will be – once approved - mandatory for all operators. With this model, a uniform categorization of at-risk players will be possible, regardless of the operator with which the participant is playing. The measures include different gambling conducts such as excessive spending, winnings or losses during the specified period, prolonged gaming sessions, days of activity during certain period, and patterns that may indicate loss of control or addiction. The goal is to enable timely interventions that can prevent the escalation of gambling-related harm.

 

How to deal with risk players

According to the draft resolution, once a player is detected as “risk player”, the operator will have to apply the protection measures defined in Royal Decree 176/2023 of 14 March, which establishes safer gaming environments – including informing the player of this circumstance, restricting promotions or commercial communications, etc.-.

 

Strengthening legal certainty in judicial proceedings

Having a standardized mechanism for detecting gambling risk behaviors will also increase the legal certainty in Spain. Up to date, if an online operator adopted the decision to suspend or cancel a user account with risk behavior, strong evidence should be submitted to the Courts, and the Court would interpret whether the criteria used by the operator should lead to such decision. However, where those conducts are aligned with the new Daft Resolution on Risk Mechanism, licensed operators will be able to sustain their arguments on a legal resolution.

 

Public consultation and stakeholder engagement

Following the standard legislative process, any operators or interested parties can file comments to this draft resolution until September 25, 2025. The DGOJ invites operators to provide their feedback, with the purpose to refine the mechanism and ensure it is technically feasible and socially responsible. It is an unique opportunity for operators to contribute their knowledge to achieve a common goal.

 

A step toward safer gambling

By mandating proactive risk detection, the DGOJ seeks to shift the focus from reactive enforcement to preventive intervention, fostering a safer and more responsible gambling ecosystem.

To read more about global Gambling legislations, you can access DLA Piper’s Gambling Laws of the World guide here.