Information society service providers

Any game that is offered in Spain without having an authorisation obtained in Spain represents illegal gambling.
Intermediaries are information society services that provide access to other information society services or to information.
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.
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).

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).

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