Information society service providers

INTERMEDIARIES AND ONLINE PAYMENT SERVICES
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Any game that is offered in Spain without having an authorisation obtained in Spain represents illegal gambling.
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Intermediaries are information society services that provide access to other information society services or to information.
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Intermediaries provide access to the Internet, transfer data through telecommunications networks, make temporary copies of user-requested websites, host data servers, applications or third party services and provide tools with which to search, access and gather data and links to other websites.
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Information society service providers and online payment services cooperate essentially by reporting illegal gambling. Their help is especially important in the case of off-site gambling (over the Internet or by other means, such as telephone or text message).
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For these purposes, Law 13/2011 regulating gambling introduces two types of requirements that both information society service providers and payment services must address and implement:

  • Information requirements (Article 21.8).
  • Requirement letters to adopt precautionary or final measures, halt illegal gambling activities or remove associated content (Article 47).

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Failure to comply with the requirements may constitute a serious infringement (Article 40.e).