Belgium has taken a firm stance against illegal online gambling with a significant update to its enforcement framework. The Federal Public Service of Justice (FPS Justice) has introduced new measures under Article XVII.34/1 of the Economic Code, empowering relevant parties to act against market infringements. This move addresses long-standing gaps in the regulation of illegal gambling activities, aiming to safeguard the country’s gambling ecosystem.
Gambling regulations in Belgium
The FPS Justice plays a pivotal role in shaping Belgium’s gambling policies, ensuring compliance with national laws. Over the years, its regulatory efforts have been instrumental in curbing illegal gambling practices, though challenges have persisted.
Belgium’s gambling landscape has long been governed by the Royal Decree on Gambling, which provides the foundational legal structure. However, a recent Ministry of Justice-funded study highlighted critical shortcomings in enforcement, prompting the need for stronger measures.
Key updates in regulations
The new provisions under Article XVII.34/1 significantly expand the scope of enforcement. These updates allow relevant parties, including private entities, management companies, and professional associations, to file complaints against illegal gambling operators.
Previously, only government bodies could take direct action against illegal operators. Now, private parties can act either individually or collectively to bring complaints before the Brussels Commercial Court, enhancing the collective effort to combat illegal gambling.
To expedite actions against illegal operators, the new framework emphasises urgency. Complaints filed as unilateral applications are given a “presumption of urgency,” requiring the President of the Brussels Commercial Court to render decisions within a maximum of eight working days. To help stakeholders understand the new rules, Belgium’s Gambling Commission will hold an online education session on 17 December. This initiative reflects the Commission’s commitment to transparency and effective implementation.
Implications for gambling industry
Illegal gambling websites often operate in the shadows, exploiting regulatory loopholes and technological anonymity. These challenges have complicated enforcement efforts, necessitating more robust measures. The updated rules target illegal operators directly, allowing for swift interim orders and broader enforcement actions. This is expected to disrupt their operations and deter future violations.
By clamping down on illegal activities, the new framework ensures fair competition for licensed operators. This benefits consumers by promoting a safer and more regulated gambling environment. Belgium’s proactive approach could serve as a model for other European countries. These measures align with broader EU objectives to standardise and strengthen gambling regulations across member states.
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