The aim of the proposed regulation is:
- to protect public interests in gambling activities and, in particular, minors and other vulnerable groups, as well as to prevent addiction to gambling and other risks;
- to protect consumers, users, participants and other citizens;
- to complete and update the gambling market regulation;
- to provide the gambling operators with greater legal certainty, establishing clear and consistent rules; and
- to adapt the tracking, control and penalty system by promoting self-regulation and co-regulation.
The draft Royal Decree establishes numerous conditions and limitations on operators which restrict the access to games. Additionally, it regulates the advertising conditions. In this sense, the gambling websites must contain sections including information on "responsible gambling" and "secure gambling," as well as free telephone helplines.
The report issued by the CNMC determines that gambling activities need to be understood as economic activities. Therefore, they must be carried out according to the principle of entrepreneurial freedom. In this sense, any restriction shall be justified by means of a necessity and proportionality analysis in order to achieve a balance between the promotion of gambling and consumer protection against any risks that may arise from this activity and against discrimination between operators.
Without prejudice to the overall positive assessment, the CNMC has recommended, among others, the following:
- The need to properly define the means and responsibilities of the CNMC as the supervising authority.
- The effects that arise from self-regulation and co-regulation.
- The need to take into account certain elements in relation to content, schedules and conditions regarding the broadcasting of commercial communications of gambling in the audiovisual and radio communication services, as well as the disclosure of relevant information in gambling websites.