Austria is close to finalizing its new gambling law, with negotiations among the three governing parties—the centre-right People’s Party (ÖVP), centre-left Social Democrats (SPÖ), and liberal NEOS—scheduled for this week. A draft from the Ministry of Finance, leaked in May, revealed plans to end the country's online gambling monopoly with the expiration of the current licence in 2027, prompting these parties to work on new regulations to open up the market. The proposed legislation will bring significant changes to the Austrian gaming sector, dissolving one of the last gambling monopolies in Europe.
One contentious issue during negotiations is whether unlicensed operators should face a "cooling-off" period before being eligible for an Austrian licence. Reports suggest that the SPÖ-led Ministry of Finance supports this measure, which would prevent companies found to have violated Austrian gambling laws in the past five years from accessing the market. Felix Geyer, an Austrian public affairs consultant, indicated that this ban could last from 24 to 36 months, primarily affecting EU licensees operating in Austria. He noted, "The black market will not care. They won’t be applying for licences."
The cooling-off phase could significantly impact grey-market operators wishing to continue operating in Austria under a local iGaming licence. However, there is reported disagreement within the SPÖ and among negotiators about including this hiatus.
Casinos Austria, the land-based casino monopolist that previously had ties to the Ministry of Finance, has advocated strongly for this cooling-off period. Patrick Minar, a spokesperson for Casinos Austria, expressed to the Krone newspaper, "One day you’re operating illegally, and the next day you’re granted a licence – that’s absurd. An initial cooling-off phase of three to five years would be conceivable."
Admiral, a significant land-based gaming brand in Austria acquired by Tipico in 2025, also supports the idea of a transition period. CEO Monika Racek remarked, "The operators of state-run gaming schemes have demonstrated responsible conduct for years. These operators must not be discriminated against by the legislator treating them in the same way as everyone else."
Nevertheless, the Austrian Betting and Gaming Association (OWVG) argues that delaying licences for grey-market operators contradicts the government's intentions of fostering a regulated market. OWVG president Simon Priglinger-Simader stated, "A cooling-off period would be the reform killer. The federal government wants to bring players into the regulated market, strengthen player protection and secure tax revenues." He cautioned that such a measure could lead to tax-paying operators exiting the market, allowing the black market to thrive and causing anticipated revenue to fall short.
Concerns have also been raised by player claims lawyers, who suggest this move could hinder the ability of companies to settle court rulings in players' favor, as the draft law stipulates that operators must pay any player claims and tax dues from previous years to enter the market.
Another point of contention in negotiations involves proposals for a maximum stake of €2 and maximum winnings of €2,000 per game. Geyer pointed out that industry stakeholders, including land-based operators and the monopoly holder, largely agree that reducing the maximum stake from €10 to €2 could undermine the online regulated industry. He noted that while initial agreement seemed possible, the Social Democrats have been insisting on the €2 limit citing player protection.
Uncertainty also exists regarding the number of land-based casino licences available, with discussions around offering either 12 or 15. The finance ministry's draft proposed "up to 12" concessions, potentially bundled into licence packages, though the ÖVP and NEOS are reportedly pushing for a higher number.
In addition, the NEOS have expressed support for a significant increase in lottery licence fees. While lotteries are set to remain a monopoly in the upcoming tender, potential licence holders might face a €20 million fee, which the liberals seek to double to €40 million.
The timeline for the new iGaming law appears clearer, as the government aims to finalize the draft before the final parliamentary sitting ahead of the summer recess in July. This could lead to a three-month EU notification process occurring over the summer, with the law expected to take effect in autumn. This development could initiate the tender process for new online licences, in preparation for the single licence's expiration at the end of next year.
