Regulatory framework

The scope of the Gambling Act, Law 13/2011 of 27 May includes the design, development and operation of gambling activities carried out in Spain through electronic, computer, telematic or interactive means, where in-person channels are accessory, as well as related advertising activities, as long as they are directed at the whole country. The law adopts the power distribution criteria set in other sectorial regulations such as Law 34/2002 of 11 July on information society services and electronic commerce.
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In accordance with General Law 34/1988 of 11 November on advertising, a relevant authorisation is required to advertise, sponsor or promote gambling in any form, and to advertise or promote gambling operators.
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The applicable conditions and restrictions for each type of advertising licence shall be set out in due form.
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All gambling advertising, sponsorship and promotion activities shall be carried out in accordance with the aforementioned Article 7 of the General Advertising Law 34/1988 of 11 November and its implementing regulations, namely Law 3/1991 of 10 January on unfair competition and Law 29/2009 of 30 December modifying the legal regime governing unfair competition and advertising to improve consumer and user protection, until a Royal Decree regulating Article 7 of the Gambling Act, Law 13/2011 of 11 November is issued.