Setting a combined deposit limit in Spain … is now the best time?

nb – This opinion piece was written prior to former Minister for Consumer Affairs Alberto Garzón leaving his post. Garzón’s remit has now been absorbed by the Ministry of Social Affairs and its head Pablo Bustinduy. Any potential changes to deposit limits in Spain will now be reassessed.

The Spanish Ministry of Consumer Affairs intends to implement a combined deposit limit system that will further restrict the activity of gamblers in our country. And while the sector will always support measures that help prevent problematic gambling, we can’t help but wonder whether this is the best time.    

Firstly, is now the right time to process a Royal Decree, when Spain is in a situation of instability with an acting government and lack of political consensus? It seems impossible, but we must remember that Spain’s executive, in its current situation, must limit its actions in relation to the processing of measures to matters of urgency and general interest. According to the latest EDADES report of the Ministry of Health’s National Plan on Drugs, 58% of the population aged 15 to 64 gambled with money in 2022. Of these, only 5.3% did so online. Is this really a matter of urgency?

Secondly, the creation of a combined deposit limit system is a widespread measure in Europe and doesn’t always seem to be delivering satisfactory results. There are examples such as Sweden and Germany, with regulations similar to the one proposed for Spain. In Sweden, after more than two years of limiting consumers’ deposits, some players turned to unregulated operators that aren’t subjected to the limitation. In Germany, most operators have lost interest in being present in the online gambling market.

With regard to the success of the regulations created to protect the so-called ‘intensive’ players, it is curious to analyse the results of the application of Alberto Garzón’s, Spain’s former Minister of Consumer Affairs, leading measure, the Royal Decree on Advertising. What are the regulator’s feelings when its own data reflects a lower number of new users but an increasingly intensive activity of existing players? Not to mention that other regulations approved during this legislature, such as the Royal Decree on Safer Gambling Environments, have not yet been fully implemented.

Thirdly, drawing on data from the EDADES study, the frequency of gambling with money – online or land-based – in 2022 fell by more than six percentage points compared to 2020. The number of 15- to 64-year-olds who might show a pattern of potential problematic gambling or a gambling disorder also fell. This percentage remains below 2%, one of the lowest rates in Europe. Moreover, according to the Spanish gambling regulator DGOJ’s most recent report on the profile of the online gambler, the average expenditure per active player is less than €50 per month. Are these really “alarming figures”?

Unanswered questions 

We, in the sector, continue to have doubts about the new regulation. Who is it aimed at and who will it benefit? Does the regulator not believe that the approved legislations have the positive effect they claim to have? How will the more technical aspects of the regulation be developed?

For all these reasons, Jdigital has submitted letters to the highest national bodies questioning the suitability of the Royal Decree on combined deposit limits and requesting the suspension of the processing of the regulation.

In the coming months we will see what the outcome of the current political situation in Spain will be. Different scenarios are opening up before us: the repetition of a left-wing coalition government and a new call for elections, among others.

Our mission has always been, and continues to be, to work with all the agents in this sector to guarantee a political and regulatory environment that allows the development of an open, safe and attractive market which contributes to the growth of the companies in the sector while encouraging safe and responsible gambling.