Belgium - Gambling Regulatory Update
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Partner
Belgium
As a partner in our Regulatory & Administrative practice in Brussels, and a member of our International Life Sciences and Food & Beverage sector groups, I provide hands-on advice and assistance to our clients in public, administrative and regulatory law matters.
Associate
Belgium
I am an associate in the Regulatory, Public & Administrative Law department in Brussels. My practice covers regulatory matters with a particular focus on food law.
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In this update, we report on several changes that have been made to Belgian gambling regulations since the Summer to the purpose of strengthening player protection and ensuring stricter supervision of the sector, and on a ruling of the Council of State issued in October that has clarified that the Gambling Act does not apply to virtual betting.
1) Standardisation of minimum age and new restrictions
The Law of 18 February 2024 which came into force on 1 September 2024, brings substantial modifications to the gambling law of 7 May 1999.
Among the most notable changes is the standardisation of the minimum age at 21 for all games of chance falling within the scope of the law, including table games in casinos, betting, or automatic games of chance (Article 5). This provision is implemented by the Royal Decree of 12 August 2024, which adapts several existing Royal Decrees.
The new legislation also introduces several important prohibitions:
- The combination of online licenses on the same website (Article 4).
- Gifts, bonuses, and free games but also travel, meals, drinks or gifts, free of charge or below market prices (Article 6). The Gaming Commission has clarified that the prohibition covers any form of benefit offered with a view to influencing players' gambling behaviour or attracting or retaining players.
However, it does not prohibit operators from generally increasing the return to player of games of chance through in-game or platform mechanisms. Players can still receive rewards, provided they are part of the winnings associated with the game. This presupposes that these mechanisms are inherent to participation in the game and form part of the game's rules.
- Gambling advertising (Article 7)
2) Case law : clarification on Virtual Betting
In a ruling issued October 7, 2024, (case No. 260,939), the Belgian Council of State (High Administrative Court) provided important clarifications regarding virtual betting. The Council of State notably indicated that ‘virtual bets’ were not ‘bets’ within the meaning of Article 2, 5° of the Gambling Act: the concept of ‘uncertain fact’ must be interpreted as referring to a real fact and not a virtual fact’. The ruling specifies that the "uncertain event" on which a bet is placed must be a "real" event, corresponding to the types of bets present in the Belgian market before the adoption of the law of January 10, 2010. The practical and legal consequence of this ruling is that "virtual betting" cannot be legally organised by F1 or F1+ license holders.
This ruling will thus have repercussions for the regulation of online gambling in Belgium, and the regulatory bodies in charge of market surveillance are likely to maintain and increase scrutiny over new forms of betting and gambling. To date, it is unclear whether the Council of State ruling will lead to legislative initiatives intended to adapt the relevant provisions of the Gambling Law to technological developments and new practices in the sector. Until then, particular attention must be given to ensuring that all betting services and games offered online duly take into account the important clarifications contained in the decision of the Council of State, and to verify that no virtual betting is proposed to Belgian players.
