The passage of time since the entry into force of Law 13/2011, of May 27, on gambling regulation, and the corresponding launch in June 2012 of a regulated state gambling market through the granting of the first licenses, has allowed the Directorate General for the Regulation of Gambling (DGOJ), as its regulatory body, to acquire a deeper knowledge about the functioning of the online gambling market, through the analysis of the different elements that compose it.
One of the primary objectives of the current state gambling regulation consists of safeguarding the rights of the participants and their correspondence from the point of view of the regulated operators. For this purpose, Law 13/2011 expressly attributes to the gaming regulator a series of functions, such as the competence to resolve claims that may be presented by the participants against the operators or the ability to issue general instructions to the operators. of gambling, complemented by the obligation on the part of gambling operators to establish the appropriate channels to provide the participant with accurate and adequate information on gambling activities and effective complaint procedures.
It is in this general area of protection of the rights and interests of gambling service users where it is important to study the content and practical application of gambling contracts. Contracts, which are a step prior to the start of the gaming activity, and which are drawn up unilaterally by the operator setting mandatory clauses for the participant.
The nature of gambling contracts as adhesion contracts, an issue expressly recognized in the gambling regulation regulations, implies their submission not only to the provisions of Law 13/2011 and its implementing regulations, but also to the requirements regulations established in this regard by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. In this sense, it should be remembered that the General Law for the Defense of consumers and users distinguishes between abusive clauses -which will be null and void and will be considered as unenforceable-, and the general contracting conditions, which will be allowed as long as they comply with a set of requirements,
In this context, this General Directorate has prepared a document, which, together with its corresponding explanatory report, intends to serve as guidelines to identify the principles that should govern the drafting of the clauses of the gambling contracts established between participants and gambling operators subject to state license, in order to facilitate the drafting of said contracts for operators, ensuring the protection of the rights of participants linked to gaming operators, as well as strengthening legal security for all participants in the gaming environment.
However, the foregoing does not diminish the importance of the content of this initiative, as already expressed as a fundamental basis on which to sustain the rights and obligations of users and gambling operators, and therefore, future compliance with the principles will depend actions of the DGOJ, so that the use of the pertinent regulatory instruments is not ruled out in the event of a deficit in the alignment of the activity of the operators with what is contained in this guide