Belgian gaming industry’s cautious endorsement of new regulations

Garance Limouzy September 6, 2024

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Belgian gaming industry’s cautious endorsement of new regulations

The Belgian Association of Gaming Operators (BAGO) has expressed a cautious endorsement of the “Van Hecke Law”, which came into effect on 1 September 2024, amending Belgium’s 1999 Gambling Act. While BAGO supports several provisions of the law, it has raised concerns over potential loopholes and inconsistencies.

Key changes

Increased minimum age for gambling: all forms of gambling – both physical and online – are now restricted to individuals aged 21 and over. Operators who fail to comply with this restriction will face penalties, including the obligation to reimburse bets placed by underage players.
Advertising ban: gambling advertising is largely prohibited, with limited exceptions for certain sponsorship deals in professional sports until the end of 2027. Amateur clubs can continue limited sponsorship, and the National Lottery is exempt from these restrictions.
Licence crossover prohibition: the law tightens regulations on licence holders, forbidding operators from offering multiple types of gambling at the same physical or online location. Players can no longer use a single account for multiple licensed activities.
Ban on incentives: operators are banned from offering free gifts, trips, or other incentives to lure players.

BAGO’s mixed support

BAGO, representing licensed gambling operators, has long advocated for raising the minimum age to 21. Tom De Clercq, President of BAGO, welcomed the change, stating, “We have been asking for this higher age limit for some time to better protect young players.”

However, the association voiced concerns that underage individuals could still access illegal gambling sites that offer no player protections. “It’s essential to ensure that these players aren’t driven to unregulated platforms, where safeguards are non-existent. We must focus on tackling the illegal market,” De Clercq said.

Criticism of National Lottery exemption

BAGO also criticised the exemption granted to the National Lottery regarding advertising and age restrictions, citing it as a major inconsistency in the law. De Clercq pointed to studies indicating that a significant number of young people participate in lottery games, even those under 18.

“It’s striking that this age limit doesn’t apply to scratch cards and lottery games offered by the National Lottery,” De Clercq remarked. “This creates a double standard, where the most vulnerable players are still exposed to gambling activities. All operators should be held to the same standard.”

Channelisation

BAGO called for a review of the broader impacts of the law on the regulated market. The organisation stresses the need?to monitor whether the new regulations channel players into licensed, protected platforms or inadvertently push them into the hands of illegal operators.

De Clercq concluded, “The ultimate goal should be to ensure that all players, regardless of the gambling platform they choose, receive the same level of protection and oversight.”