Belgium passes online gambling law

UPDATE: Interestingly video game loot boxes were declared illegal without a license under Belgium gambling laws. Gambling Laws and Regulations covering issues in Belgium of Relevant Authorities and Legislation, Application for a Licence and Licence Restrictions. Gambling Laws in Belgium. Gambling in Belgium is legal in almost all of its variety. Within the Belgian gambling laws, the Federal Act of 7 May 1999, regarding games of chance, wagers, and protection of the players - also known as Gaming Act - is considered to be the main regulatory act of all gambling activities in the country, with exception of the lotteries which are regulated with special. Belgium – a federal state situated is in the Western Europe. Gambling business in the country has always been a part of the culture since the XIII century and hasn’t been regulated for more than.

On Thursday 3 December, in landmark proceedings, the Belgian Parliament voted in favour of adopting an online gambling law, which will enter into force early 2010.

The new legislation specifies that licences will be issued to gambling operators already established in Belgium and who either already operate a casino (category A), gaming and amusement machines outside casinos (category B) or bookmakers (category C). The Belgian lottery in all its associated forms will also be made available online.

The draft law was originally notified to the European Commission and the other Member States on 27 March 2009. The restrictions on licences prompted a Detailed Opinion from the European Commission, which claimed that some aspects were not compatible with the single market obligations. The Belgian government therefore made some minor amendments but chose to retain the part which stipulates that online gaming licences will only be complementary to already existing land-based licences within Belgium.

It is widely believed that further to the recent ECJ ruling on the ‘Bwin-Santa Casa’ case in early September 2009, the Belgian government decided to overlook the recommendations of the Commission. The ECJ ruled in favour of the Portuguese monopoly of Santa Casa da Misericórdia de Lisboa, therefore upholding the validity of the state’s online gambling monopoly, citing ‘it may be justified by over-riding reasons relating to the public interest’.

Once the law comes into effect in Belgium in early 2010, it is certain that it will face legal challenges from online gambling operators and possible infringement proceedings from the European Commission.

This may indeed set a precedent for other Member States in the EU who are considering the option of regulating their online gambling markets or who are revisiting their existing online gambling regimes.

Under Belgium’s gaming law, only businesses with land-based gaming operations have the right to extend their offerings online.

Belgium Gambling Laws

In 2019, a Belgian Constitutional Court annulled a royal decree which outlines the fees owed by online licence holders to cover administrative expenses at the Belgian Gambling Commission (BGC).

The court said there was no reason holders of A+ and B+ licences should pay different amounts for the ongoing supervision costs of the Belgium Gambling Commission.

Under the Royal Decree on 2020 licensing fees, the fee for a Class A licence is €22,085. In addition, under the terms of a Class A licence, casino licensees that operate gaming machines must pay €714 per machine, with a minimum total of €21,420.

On February 6, 2020, the Council of State annulled Article 1(1) and Article 3(2) and (3) in the Royal Decree of October 25, 2018 on the operation of online games of chance and betting. The Belgian Gaming Commission published information about the impact of these decisions on online gambling licensees on February 19, 2020.

However the courts have largely upheld recent crackdowns on gambling advertising that make it almost impossible for companies to market their brands outside of their own premises.

Is Gambling Illegal In Belgium

Other recent key developments include anti-money laundering (AML) requirements brought into force in October 2017 require operators to carry out due diligence measures when players wager stakes or collect winnings of €2,000 or more.