Belgium Jurisdiction profile

Home to almost 11.6 million people, Belgium has been an independent nation since 1830 with its capital city of Brussels having additionally played host to the administrative offices of the European Union for over 60 years. The country is now one of the world’s wealthiest with a median annual income of about $46,000 while simultaneously being considered a hotbed of scientific research and technical innovation. The Belgium Gaming Commission, which is known in the local language as the ‘Kansspelcommissie’, was established by the local Gambling Act of 1999 with this body now serving as the nation’s official land-based and online gambling regulator holding the dual aims of promoting legal channels while looking to ensure the protection of players. The independent enterprise accomplishes these tasks by granting the necessary licenses for the operation of games of chance and betting while carrying out a range of proactive management and monitoring functions. As part of its remit and the seven-member Belgium Gaming Commission, which is chaired by a magistrate, moreover regularly advises the government on all matters related to games of chance, betting, land-based gaming establishments and customer safety. It additionally has the power to enforce compliance via the imposition of warnings, suspensions, administrative fines and license revocations. Online gambling has been legal in Belgium since 2011 although its membership in the European Union subsequently created difficulties as it looked to maintain alignment with the 27-nation bloc’s competitive rules on the free movement of trade and services. This state of affairs prompted the passage of new legislation that brought the online and land-based gaming sectors together and compel enterprises looking to offer iGaming services to simultaneously hold a bricks-and-mortar license. The government of Belgium has since kept a tight rein on the number of licenses it issues, which has made it extremely difficult for new operators to enter this specific market. However, prominent iGaming operator bwin.party circumvented this hurdle to be certified in 2012 via a partnership with local land-based operator Casino Kursaal Oostende NV. As part of an aim to nurture a responsible gambling environment and the Belgium Gaming Commission moreover has a ‘blacklist’ of proscribed sites and mandates that all licensed iGaming operators set an aggregated weekly expenditure limit for each of their players at €500 ($518). Such a threshold may on limited occasions be increased at the request of the punter should the regulator approve while remaining unavailable to anyone who may be listed as having difficulties in honoring their debts. This commitment to probity furthermore extends to a ban on the funding of customer accounts through credit cards or any e-wallet linked to such an amenity. To further highlight the Belgian Gaming Commission’s commitment to safety and responsibility and all licensed iGaming domains are obligated to maintain a 40% solvency ratio and follow a strict regime of advertising limitations and security and technical requirements. An extra set of requirements mandate that certified sites institute a range of play limits, refrain from utilizing certain types of ‘loot boxes’ and work towards preventing domestic punters from accessing uncertified gambling websites.