De Wever Government and gambling: modernisation and consumer protection at the forefront
The new federal government agreement in Belgium contains a few (limited) passages on the gambling sector. Below we briefly explain the 5 relevant passages. As regards gambling-related measures, we will also have to wait for the new government to elaborate on them in concrete terms.
1. Legal certainty in taxation
One of the core themes around taxation in the government agreement is legal certainty. The federal government emphasises the importance of a “transparent and stable” regulatory framework for the gambling sector. This should ensure that companies in the sector have (get) clarity about the applicable tax rules.
This approach can of course be welcomed, albeit insofar as the applicable (fiscal) measures are aimed at supporting a healthy and competitive sector.
2. Modernisation of the Gambling Act and reform of the Gaming Commission
The government agreement also announces that the Gambling Act will be modernised. What this modernisation will involve remains unclear for the time being. However, the coalition agreement does indicate that the law must be adapted to all new forms of gambling. It therefore seems that the modernisation must (mainly) ensure that the current legislation is in line with the current reality of the sector.
In addition, a reform of the Gaming Commission has also been announced, currently falling under the FPS Justice. The Minister of Economy has been appointed as the exclusive representative of the government within the Gaming Commission. It will therefore be interesting to see what kind of (or not so far-reaching) organisational reforms are envisaged. Of course, the question of whether these changes will have an impact on the Commission’s current way of working, such as the control and sanctioning policy, the interpretation of applicable regulations, etc., is at least as relevant.
3. Fight against illegal gambling
The explicit intention in the coalition agreement to tackle the fight against illegal gambling establishments, both online and offline, is certainly to be welcomed. After all, an increase in advertising practices for illegal gambling was an expected consequence of the introduction of the particularly strict rules on gambling advertising. The government now wants to take measures to tackle these illegal activities more severely, which should ensure a level playing field for licensed providers and to better protect consumers against abuse and fraudulent practices.
4. More say for local authorities
The coalition agreement also provides for a greater role for local authorities in granting permits for gambling establishments on their territory. Municipalities will be given the opportunity to demarcate certain zones where gambling establishments can be concentrated. The concrete elaboration of this, given the existing legal framework, remains to be seen and here too an important point of attention remains to be seen, in our opinion, keeping the sector viable and economically profitable.
5. Financial information processing
Finally, and somewhat hidden in the 200-page coalition agreement, the intention has also been included to include data from online gambling accounts of more than 10,000 euros in the CAP, which is the central point of contact for accounts and financial contracts (this is a government database in which information about existing accounts and financial contracts in Belgium is collected). It remains to be seen how this information will be collected by the government, and even more importantly how this information will then be used.
Conclusion
The plans in the federal coalition agreement show at the very least that the gambling sector is on the radar of the new government. It is no secret that some in the government are cool lovers of the sector, while others have profiled themselves as champions of it. Given this contradiction, it remains to be seen which concrete measures will be proposed. Some proposed points (such as the fight against the illegal sector) seem to show in any case that the government also has ears for the sector’s complaints. Hopefully the coming months will bring further clarity. In any case, stay tuned here for more updates on developments in the gambling sector.