The Belgian Gaming Commission creates clarity and aims for a level playing field for gambling operators

The Belgian Gaming Commission is taking another step toward a level playing field for operators. The Gambling Club understood that there was frustration among casinos and betting operators who watched with dismay as some parties pushed the boundaries. 

The Gambling Commission wants to put its house in order, which is why it is giving operators the chance to come clean until Sept. 1, 2024. 

Views published 

Thus, the Gaming Commission has published their positions on the famous new article 4 of the law of February 18, 2024. This article relates to the amendment of Article 60 of the Gaming Law that prohibits the offering of gifts and bonuses to players. 

The amended Article 60 of the Gaming Law stipulates the following: 

“Subject to the exception referred to in the second paragraph, licence holders are prohibited from offering trips, meals, drinks or gifts free of charge or from doing so below the market price of comparable goods and services. This prohibition also applies to free game participations, play credits and any advantage in any form, offered to influence players’ gaming behaviour, or to recruit or retain players. 

(It is permitted to offer to the customers of class I gaming establishments trips, meals, drinks or gifts free of charge or below market price of similar goods and services, up to a maximum amount of 400 euros per two months and per player. The King may determine additional conditions as well as adjust the amount referred to in the previous paragraph).”

Constructive dialogue

The Gaming Commission (KSC) has already made some provisional conclusions in which they publish a list of those that are prohibited or allowed. Hereby they already give their motivation for it. The motivation is not yet binding, but the KSC is open to dialogue and arguments that operators can provide to show that their practices do not violate the law. 

The list of practices (update 1/07/2024).

1. Free credit

Article 60 of the Gaming Act explicitly mentions the granting of free gaming credit as an example of a prohibited practice. The Council of State has also ruled that offering bonuses falls within the scope of Article 60 of the Gaming Act.  

This practice is prohibited. 

2. Free games 

Article 60 of the Games of Chance Act explicitly mentions the granting of free game shares as an example of a prohibited practice. The Council of State has also ruled that offering free game shares falls within the scope of Article 60 of the Gaming Act.

This practice is prohibited. 

3. Cashbacks

Cashbacks are refunds that players receive after incurring losses. They can be considered gifts/benefits because operators grant them voluntarily and free of charge to players, regardless of the original winnings or losses arising from the game.

This practice is prohibited. 

4. Odds boosts

Odds boosts are increases in betting odds. This leads to a higher profit a player can get, when betting on the same outcome. Odds boosts are a deviation from the usual terms of the bet. This is a gift/benefit within the meaning of Art. 60 of the Gaming Law. 

This practice is prohibited.

5. Increases in deposits

It happens that operators increase players’ deposits. For example: the player pays 100 euros, but receives 150 euros in the player’s account. This is an indirect way of granting free play credit to players. In other words, it is a gift/benefit within the meaning of Art. 60. 

This practice is prohibited. 

6. Game objectives 

With game objectives, players receive a reward when they achieve a certain goal. These objectives may be located within a game of chance (e.g. a win of more than EUR 100), or may span several game rounds (e.g. winning 10 games). Typically, these objectives are time-limited. These game objectives are a departure from the usual game conditions, and provide additional rewards to players. Consequently, they are gifts/benefits within the meaning of Article 60. 

This practice is prohibited.

7. Competitions between players 

Operators organize competitions in which they award a prize to the player who achieves the best result in a series of games of chance. For example: a slots tournament, in which the player with the highest win that day receives an additional prize. These games usually have a limited duration. Typically, players can win a prize with these competitions. In these cases, players have an incentive to adjust their playing behavior to have a chance to win a reward. In other words, it is a benefit offered to influence players’ gaming behavior, as referred to in Article 60. 

This practice is prohibited. 

8. Prize Drops 

Prize drops are additional rewards that the player receives, in addition to the winnings of the game. These rewards may include, for example, an additional cash prize, or additional game turns. Prize drops can only be considered a gift/benefit in the sense of Article 60 if they are granted in derogation of the usual game conditions. This is not the case if they are part of the game rules and count as winnings from the game.

Prize drops are allowed only if they are part of the game of chance and count as winnings from the game. 

9. Loyalty programs

Some operators make some form of loyalty program available to players. These are mechanisms that reward players for using the operator’s services. For example, by signing up daily, participating in games of chance more often, or making certain deposits. The rewards can take different forms, such as in-kind prizes, play credit or advantageous gaming conditions. These loyalty programs grant benefits to players in addition to the gaming regulations of the games of chance themselves. Consequently, these are benefits/gifts within the meaning of Article 60. 

This practice is prohibited. 

10. Price differentiation 

Operators may set their prices lower than competitors, and present this to players as an “advantage. However, as long as these prices are the same for all players, and are not presented as a temporary discount, it is not a deviation from the usual game conditions. 

This practice is permissible.