Spain’s gambling regulator, the Directorate General for Gambling Regulation (DGOJ), has opened a public consultation to discuss the implementation of a centralized monthly operator test designed to identify players exhibiting signs of problem gambling. This consultation period began on Tuesday and will continue until October 22, 2026.
The proposed system would obligate all nationally licensed online gambling operators to perform an automated test each month, specifically aimed at flagging players whose gambling behavior indicates a heightened risk for issues.
**Operational Details**
All operators licensed for state-level online gambling in Spain must execute this mechanism within the first seven days of each month. Monthly evaluations will analyze player account activities over the previous 183 days.
The mechanism utilizes a rigorous four-stage assessment for all non-excluded accounts. Accounts demonstrating minimal activity will be exempt from detailed analysis. A set of objective thresholds based on four key variables will determine whether an account exhibits "risk behavior."
Operators will consider about 48 metrics, which include deposits, withdrawals, the nature of bets, session durations, product types, and self-exclusion tool usage among others. A statistical model will process these variables to generate a probability score, with accounts exceeding a certain threshold marked as exhibiting "in risk behaviour."
The DGOJ clarifies that the evaluation will not involve any external data sources, such as social media profiles, browsing history, or comprehensive financial and health data.
**Implications for Flagged Players**
Accounts identified as "in risk behaviour" will activate immediate regulatory responses as stated in Real Decreto 176/2023. Operators are required to inform players of their classification along with the factors contributing to this status. Players will need to engage in a meaningful interaction within 72 hours; failure to do so may result in a suspension of their gaming privileges. Furthermore, promotional activities will be restricted for these players, affecting their access to VIP services and marketing communications.
Additionally, the use of nominative payment methods will be enforced, restricting players from using credit cards, and requiring validation of their payment methods. Given the automated nature of this profiling, the DGOJ has conducted a comprehensive Data Protection Impact Assessment (DPIA) under the GDPR.
**Review and Oversight**
Players will have the option to request reviews from operators regarding data accuracy and the application of established rules. If there remains dissatisfaction, they can escalate their complaints to the DGOJ. Protective measures will be enforced even during review processes, with operators expected to adhere to the 72-hour interaction requirement.
The DGOJ plans to regularly evaluate the mechanism based on aggregated data from operators and may adjust variables, thresholds, or parameters as necessary. Technical audits of the system will also be conducted independently.
**Initial Feedback**
Feedback from the first consultation phase in 2025 came from operator associations, suppliers, some operators, and player advocacy groups. Concerns were raised regarding the financial demands of integration and operation, with operators contesting the DGOJ’s estimate of €130,000 ($145,320) per operator for implementation. Challenges regarding model accuracy, especially in skill-based games such as poker and sports betting, were also highlighted, alongside concerns over data protection tied to automated profiling.
Operators, vendors, and legal teams are encouraged to review the draft resolution, annexes, and DPIA during the consultation.
**The Rationale Behind the Initiative**
This initiative stems from the DGOJ’s broader strategy, building upon Real Decreto 176/2023, which strengthened regulations regarding safer gambling practices across the sector. While the decree initially allowed operators to create their own risk detection models, the inconsistencies prompted the DGOJ to propose a standardized, nationwide detection system to ensure uniform risk monitoring and protective measures.
Furthermore, earlier this year, the DGOJ announced a grant program aimed at promoting research into gambling prevention and its effects. In March, the DGOJ unveiled its Safe Gambling Programme (2026-2030), spotlighting specific behavioral concerns linked to loot boxes and hybrid gaming features, particularly their potential to normalize gambling behaviors among minors and young adults.
