Portugal
Spain
Malta
Introduction
Portugal has a young but seasoned gambling market with regulations in place for land-based and online casinos and other betting. Gambling has always been a popular pastime but online regulations weren’t codified into law until 2015.
Before 2015, land-based casinos and betting shops were already permitted and regulated but online was more of a gray area. That changed when the Gambling Regulation and Inspection Service (Serviço de Regulação e Inspeção de Jogos - SRIJ) was formed and empowered by law. The SRIJ is part of the Portuguese Tourism Institute, which manages land-based and online gambling. The law covers all forms of gambling, from sports betting to online casinos.
The four types of online gambling that are permitted are:
- Fixed-odds sports betting
- Pari-mutuel and fixed odds horse race wagering
- Online bingo
- Online games of chance
The gambling products that are allowed to be offered online are American roulette, the legendary game of baccarat (punto banco) chemin de fer (chemmy), bingo, blackjack/21, Caribbean stud poker, craps, Cussec (Sic Bo), French roulette, horse race wagering, poker (Omaha, Hold'em, Spanish), slot machines, and sports betting.
Currently, 11 licenses have been granted for fixed odds online sports betting and 14 for games of fortune or chance. Some of the licenses only authorize a single game such as poker or a single type of game like slots while some of the licenses cover a broad range of games or mixed offerings. This comes about because operators have to apply separately for each type of license. Of course, they also have to pay taxes on their gross gaming revenue (GGR). Sports betting is taxed at a rate of 8%, depending on turnover, while online casinos are taxed at a flat rate of 25% on gross gaming revenue.
The operator must provide a guarantee, insurance, or bank deposit for each license of €500,000 to cover legal obligations related to player liability. Also, a separate guarantee of €100,000 is required as collateral to guarantee the special online gambling tax (IEJO) will be paid.
As far as land-based casinos are concerned, there are only 9 geographic areas where they are allowed and there are only a dozen land casinos allowed to operate.
Legislation and Regulatory Framework
The Online Gambling and Betting Law (Decree-Law 66/2015) came into force in June 2015 and created a comprehensive framework for both national and international operators to offer services in Portugal. Within a single law, online gambling was finally legalized and licensing requirements, tax obligations, and rules for responsible gambling were laid out.
One important goal of the legislation was to capture the flight of capital that had been occurring for decades with players and punters frequenting online gaming venues licensed offshore and redirect that revenue back into the country’s coffers. When Portugal formalized the online gambling market it became able to tax operators and impose rules for consumer protection.
It’s not a perfect system…
Some critics of the regime point out that the taxes are relatively high, which not only makes it hard for some international operators to enter the market, but operators with lower operating costs, taxed less in other jurisdictions can offer juicier bonuses and other player incentives which keeps a significant portion of the player base spending offshore instead at the gaming sites licensed by the Portuguese government.
Licensing and Regulatory Bodies
The SRIJ issues licenses to operators and oversees the entire gambling industry in Portugal. The SRIJ also monitors the activities of licensed companies to make sure they comply with the law. Sanctions are imposed when necessary. The SRIJ’s remit of issuing licenses and monitoring commercial activity goes hand in hand with its other missions which are to fight against illegal gambling, protect consumers from fraudulent casino purveyors, and promote responsible gambling.
It’s a tough market to compete in legally and it isn’t easy to get a license. Prospective operators have to prove that they are financially stable, they have the technical capabilities to handle all aspects of running the businesses and reporting to the government, and they must show a commitment to pursueand promote responsible gambling practices.
Most licenses are issued for five years and can be renewed when they expire as long as the operator continues to meet all legal requirements. Unlike land-based licenses, there is no limit to the number of online licenses available and operators don’t need to go through a public tender process to apply and win one..
Online Gambling in Portugal
Gambling revenues have grown steadily since online casino and sportsbetting became legal under the 2015 law. The law doesn’t limit participation to Portuguese businesses so international operators are able to compete in the market too. It’s likely that the high tax rates have kept some international operators out of the equation, but there are plenty of well-known names that have taken the tax rate the chin for a chance to compete in this lucrative market.
Players can find 888, hybrid super-sites like Betclic, Betway, Bwin, and PokerStars while more and more game developers are getting licenses every year as well. Brands and titles not imagined to be in the legal market there in 2015 include surprises like Spinomenal, ESA, 3 Oaks, and Mascot among many others.
Look for titles such as Majestic King, Egyptian Rebirth II, Book of Demi Gods II, Book of Rebirth, Poseidon’s Rising, Story Of Egypt, and Demi-Gods IV (Spinomenal), along with 12 Deadly Spins, Candy Drops, VIP Roulette, and VIP BlackJack from ESA Gaming, along with Gold Nuggets, Aztec Fire 2, and Sun of Egypt 4 from 3 Oaks Gaming. https://lcb.org/games/slots/3-oaks-gaming
Sports betting is wildly popular in Portugal. Football is the most bet-on sport. Other sports like basketball and tennis also see quite a bit of action.
Most of the online casino operators licensed in Portugal offer a full suite of casino games. Portuguese online casinos offer games like poker, blackjack in several variations, roulette, and slots. While the market is competitive, the strict licensing and regulatory framework help to keep the gaming experience safe and secure.
Player Protection and Responsible Gambling
Aside from capturing revenues for the Portuguese economy, one of the main things Portugal’s gambling laws were designed to do is to protect players from potential harm that can be associated with gambling. The SRIJ has instituted several measures to promote responsible gambling. These include self-exclusion, limits on deposits and bets, and a requirement for operators to provide customers with information about gambling risks.
Self-exclusion is a voluntary action players can take themselves to inform the operator that they will not be gambling for a certain amount of time and operators are required to honor the player’s wishes by withholding services for that period. Operators also have to provide tools that let players set limits such as on how much they want to spend gambling.
The SRIJ also works to stop gambling at sites not licensed in the country. While we don’t see DNS blocking or online operator blacklists yet, Portugal's Law no. 82/2021 does require internet service providers (ISPs) and other intermediaries to monitor, control, and prevent access to content protected by copyright - so we have seen blocks on pirated streams of sporting events.
In August 2024, the Portuguese Online Gambling and Betting Association (APAJO) which includes licensed operators such as Betclic and Bwin called for an all-out campaign of unified action against unlicensed (illegal) operators. In the past, the association has filed criminal complaints against online influencers who were promoting offshore operations. The association maintains that four of the top fifteen platforms in the country are operating in the country illegally.
Portugal’s Gambling Future
The gambling market is well regulated with common sense rules and regulations to promote responsible gambling and to capture as much money as possible for taxes before it flows offshore. In certain age groups, such as young men, more than half of the cohort reports gambling at illegal sites.
Numbers like that are likely to be found as long as the tax rates remain so high that licensed operators can’t compete with the bigger bonuses, the higher odds of offshore sites, and the broader selection of games with some sites licensed offshore offering thousands of slots while developers and providers at licensed sites must each secure a Portuguese provider license.
As the market continues to mature with more providers acquiring licenses and providing more games, the licensed operators should be able to compete more aggressively.
While it is illegal for a customer to be on the premises of an illegal gambling establishment, or to partake in the profession of gambling, we don’t find case law or even arrest records for any players who have been charged with gambling online at an offshore site. The law can be read in it’s entirety in PDF format here.
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