In Belgium, players who have wagered on unlicensed online casinos can now take their case to court. This legal development marks a turning point in the fight against illegal operators and strengthens consumer protection against unauthorised platforms.
An illegal market that thrives and traps players
In Belgium, offering games of chance without a licence from the Gaming Commission (GC) is strictly prohibited by the law of 7 May 1999. Only duly authorised operators may offer online gambling to Belgian residents, within a regulated framework that guarantees player protection, transparency of operations and compliance with strict rules on preventing excessive gambling.
However, a large number of unlicensed platforms continue to attract players. According to various market analyses, a significant proportion of online gambling traffic in Belgium is now directed to unlicensed foreign sites, which are beyond the control of the Belgian authorities. These operators, often based abroad, do not comply with security, player identification or age verification obligations, and leave users with no recourse in the event of a dispute.
The right for players to lodge complaints
Until recently, the responsibility for tracking down and punishing illegal operators rested mainly on the shoulders of the GC and the judicial authorities. But the legal situation is changing rapidly. Thanks to recent case law guidelines at European level, victims of illegal gambling now have a means of asserting their rights before national courts.
Any person with a legitimate interest can lodge a complaint against an illegal operator. This development is seen as a considerable strengthening of consumer rights. An aggrieved player who has been cheated, whose winnings have never been paid out or who has suffered financial loss as a result of an unlicensed site can now seek redress.
Remaining challenges
However, despite this powerful legal tool, challenges remain. On the one hand, legally proving that an illegal operator has caused damage can be complex, particularly when the sites are not accessible or their managers are anonymous. On the other hand, even if a player wins his case before a Belgian court, enforcing a judgment against an operator located abroad can be difficult.
In addition, the GC and other authorities are continuing to combat illegal gambling by administrative and technical means, in particular by blocking access to sites listed as prohibited and by coordinating actions with European partners. The authorities also stress the importance of raising players’ awareness of the risks of using unlicensed platforms.
The possibility for Belgian players to sue unlicensed online casinos before the national courts represents a major legal development. It restores balance to a relationship that has long been unbalanced between a flourishing illegal market and consumers who are often destitute.