Reporting

 

The Directorate-General for the Regulation of Gambling (Dirección General de Ordenación del Juego: DGOJ) is entrusted with ensuring compliance with state legislation relating to gambling and controlling its application, to which end, it has the legal authority to carry out inspections and to impose sanctions for any offences it finds. If you have evidence or material which may prove that an action represents a breach of Law 13/2011, of 27 May, on the regulation of gambling, you can submit a report making the DGOJ aware of that fact.

 

What is a report? Back to the top of the page

A report is a communication which a player addresses to the DGOJ to inform it about circumstances which may constitute an administrative offence due to the alleged breach of Law 13/2011, of 27 May, on the regulation of gambling, without intending to obtain a solution, compensation or payment of damages in particular.

In particular, carrying on and marketing online gambling in Spain through a .com domain, or through a company which has not obtained the relevant licence in Spain, are activities which are considered “illegal gambling”, in accordance with the provisions of Law 13/2011, of 27 May, on the regulation of gambling, and, therefore, are reportable circumstances.

Based on such a communication, the authorities may initiate an investigation and checking phase in relation to the circumstances reported, which could involve initiating infringement proceedings.

The aim of those investigations, in this case, is fundamentally to protect and defend the public interest and the rights of all players, not those of a specific citizen or group of citizens, to prevent such irregular conduct from occurring again. The investigation into the report is not intended to restore the interests or rights of the person submitting the report , which may have been affected by an alleged administrative offence, even where the reported circumstances ultimately result in a sanction.

 

Who can submit a report? Back to the top of the page

Anyone may file a report relating to gambling, even where the circumstances and conduct in question do not affect that person directly.

The fundamental aim of a report is to make the competent authority aware of such circumstances as are considered harmful to the interests of players, to prevent them from continuing to occur and affecting other people.

The person submitting the report is not an interested party in the infringement proceedings which may follow the phase of investigating and checking the reported circumstances. That person may not, therefore, appear in the the proceedings, nor have access to the case file or any preliminary proceedings which may take place.

 

How do I report an offence? Back to the top of the page

Reports must submitted in writing and must include the following:

  1. Name and surnames and specification of the preferred means of contact or contact address.
  2. The precise facts, reasons and request forming the substance of the report.
  3. The place and date
  4. The signature of the person making the complaint or proof of the authenticity of their wishes as expressed by any means
  5. The body, centre or administrative unit to which it is addressed (the DGOJ)
  6. The identity of the parties responsible for the alleged offence
  7. Any documents or other kind of evidence or material which makes it possible to establish the facts to which the report relates.

There are two ways of submitting a report:

  1. In electronic format, through the electronic office of the DGOJ, using the form Reporting and complaints relating to gambling. In this case, you will need to have an electronic DNI (Spanish national ID document), or any other digital certificate issued by an accredited certification authority, in order to be able to lodge the complaint online (you can find all the information relating to lodging complaints electronically and how to obtain a digital certificate at https://sede.ordenacionjuego.gob.es/en/registro-solicitudes ).
  2. On paper, in the form of a signed document, to be submitted at a physical government registry office or at a post office and addressed to the DGOJ (C/ Atocha nº 3. 28012 Madrid). You are free to choose the format of the document or, alternatively, you can print the form Reporting and complaints relating to gambling and submit it, having filled it in and signed it.

For more information, see the FAQs (frequently asked questions) in the relevant section of this website and, should you have any questions, you can raise them through the “Queries and Suggestions Relating to Gambling” section of the electronic office of the DGOJ.

 

Processing of the report by the authorities Back to the top of the page

Once the report has been received and registered by the DGOJ, it can be processed as follows:

  • The inspection and control services will carry out the appropriate investigations and preliminary proceedings and, where applicable, will initiate the relevant legal proceedings.
  • If the DGOJ does not have the authority to deal with the circumstances allegedly constituting an offence, it will notify them to whatever body it considers competent.
  • Where the reported circumstances or conduct cannot be proved and/or classified as an offence, the report will be dismissed.
  • The person submitting the report will be notified of both the relevant legal proceedings and, where applicable, of the dismissal of the report.