Directorate General for the Regulation of Gambling
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Disciplinary proceedings
Title VI (Articles 36 to 47) of the LRJ sets out the penalty system in relation to administrative breaches committed in terms of gambling under this law, with the power to penalise corresponding to the DGOJ for breaches classified as serious or minor and, for breaches classified as very serious, the head of the Ministry of Finance, although Article 1 of Order HAP/1335/2012, of 14 June, on the delegation of powers, delegates the resolution of the files and matters pertaining to the competence of the dependent management centres or attached to them to the State Secretariat for Finance and whose decision or authorisation is attributed to the Ministry of Finance by virtue of the legal system.
Once it has been decided to initiate disciplinary proceedings in relation to infringements provided in the Spanish Gambling Regulation Law, it is the responsibility of the Sub-Directorate General for the Regulation of Gambling to conduct them, pursuant to the provisions of Royal Decree 769/2017.
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Proceedings initiated by the State Secretariat for Finance Infringement of Law 13/2011 on Gambling Regulation classified as very serious |
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|---|---|---|---|---|---|---|
| ? | 2013 | 2014 | 2015 | 2016 | 2017 | Total? |
| Breach of Art. 39.a) The organisation, holding and operation of activities included in the scope of application of this act without the relevant licence. | 15 | 20 | 20 | 13 | 14 | 82 |
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Breach of Art. 39.j) Failure to comply with the redirection obligation referred to in Article 10.4 e) of this Law. |
? | ? | ? | ? | 1 | 1 |
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Breach of Art. 39.g) The carrying out of gambling activities, infringing the reserve established in Art. 4 of this Law. |
1 | 1 | 1 | ? | 1 | 4 |
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Breach of Art. 39.g) and Art. 40.l) The manufacture, marketing, maintenance or distribution of gambling material owned by the operators who carry on reserved gambling activities pursuant to Article 4 of this Law without due authorisation. |
? | ? | ? | ? | 2 | 2 |
| Total | 16 | 21 | 21 | 13 | 18 | 89 |
?
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Proceedings initiated by the Director-General for the Regulation of Gambling Breach of Law 13/2011 on Gambling Regulation classified as either serious or minor |
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|---|---|---|---|---|---|---|
| ? | 2013 | 2014 | 2015 | 2016 | 2017 | Total |
| Breach of Art. 40.a) Failure to comply with the requirements and terms and conditions established in the licence and, in particular, the duties in respect of control to guarantee gambling security.? | 15 | ? | 2 | 1 | 1 | 19 |
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Breach of Art. 40.b) Allowing access to the gambling activity to prohibited persons, in accordance with Article 6 of this Law, provided that the gambling entity knows or should know the concurrence of such prohibitions. |
? | 12 | ? | ? | ? | 12 |
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Breach of Art. 40.d) Carrying out the promotion, sponsorship and advertising of gambling which is subject of this Law, or intermediation actions, when those who do so are unlicensed or are in violation of the conditions and limits established therein or in violation of the rules in force in this matter, whatever the means used for it. |
? | 2 | 4 | 3 | 1 | 10 |
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Breach of Art. 40.j) Failure to comply with the technical requirements of the regulations or specification of terms of reference relating to software and communication systems.? |
2 | ? | ? | ? | ? | 2 |
| Breach of Art. 40.l) The manufacture, marketing, maintenance or distribution of gambling material owned by the operators who carry on reserved gambling activities pursuant to Article 4 of this Law without due authorisation. | ? | 7 | 1 | ? | ? | 8 |
| Breach of Art. 40.m) Non-payment of prizes to gambling participants. | ? | ? | 1 | ? | ? | 1 |
| Breach of Art. 41.a) Participating in gambling activities in contravention of the prohibitions established in Article 6.2. sections c), d), e), f), g) and h) of this law. | ? | ? | ? | 2 | ? | 2 |
| Total | 17 | 21 | 8 | 6 | 2 | 54 |
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| ? | 2013 | 2014 | 2015 | 2016 | 2017 | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| Punitive resolutions | 4 | €400,000 | 11 | €28,600,000 | 7 | €850,000 | 5 | €1,747,000 | 8 | €8,200,000 |
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Punitive resolution imposing a fine and disqualification? |
2 | €3,000,000 | 8 | €6,400,000 | 8 | €16,000,000 | 14 | €14,500,000 | 12 | €1,722,000 |
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Resolutions resulting in voluntary closure of illegal gambling websites |
7 | €700,000 | 5 | €500,000 | 2 | €200,000? | 7 | €700,000 | ? | ? |
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Resolutions resulting in partial closure of illegal gambling websites |
? | ? | 1 | €800,000 | 1 | €800,000 | ? | ? | ? | ? |
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Resolutions resulting in a fine (very serious breach) |
? | ? | 1 | €500,000 | ? | ? | 5 | €1,604,834 | ? | ? |
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Resolutions for serious breaches |
? | ? | 14 | €373,475 | 13 | €1,110,269 | ? | ? | ? | ? |
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Resolution with a reprimand |
? | ? | 4 | ? | ? | ? | ? | ? | ? | ? |
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Resolutions establishing the non-existence of an infringement resulting in the dismissal of the case |
10 | ? | 4 | ? | ? | ? | 4 | ? | ? | ? |
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In terms of requests made to the most significant telecommunications operators to adopt measures to interrupt the domain name resolution service for queries originating in Spain related to penalised entities who continued to carry out illegal gambling activities in Spain with the corresponding monitoring of compliance with the service interruption being requested and ?pursuant to Article 47.3 of the LRJ.
| Year | Number |
|---|---|
| 2014 | 5 |
| 2015 | 13 |
| 2016 | 18 |
| 2017 | 22 |
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