Online gambling: what could change in Belgium 

The Belgian gambling framework is entering a decisive phase. Following a significant tightening of legislation in 2024, two rulings by the Constitutional Court have brought the difference in treatment between online games of chance and online lotteries back to the forefront of the debate. The legislature now has until 31 December 2026 to rectify several instances of discrimination identified by the Court. 

The end of 2026 is becoming a crucial deadline 

The next major development in Belgian gambling law does not depend solely on a new political initiative. It stems directly from decisions of the Constitutional Court. 

In its judgment No. 165/2025 of 11 December 2025, the Court considered several appeals lodged by licensed operators against the Act of 18 February 2024 amending the legislation on games of chance. At the heart of the case lay a fundamental difference: the new restrictions applied to operators subject to the law on games of chance, whilst online lotteries were not subject to equivalent constraints 

This distinction is important because lotteries are subject to a separate legal regime. The National Lottery holds the exclusive right to operate lotteries, both online and at physical points of sale. In the Constitutional Court’s view, this difference is not sufficient to justify different protective rules. It recognises the specific characteristics of lotteries and their particular legal framework, but considers that, when offered online, they provide an experience comparable to that of online games of chance and present similar risks, particularly in terms of addiction. From the perspective of player protection, the Court has therefore not identified any substantive difference that would justify such divergent treatment. 

The restrictions adopted in 2024 for online games of chance were therefore deemed discriminatory insofar as comparable restrictions do not apply to online lotteries. The Belgian legislature has until 31 December 2026 to remedy this situation. In the meantime, the provisions in question remain in force. 

A second ruling increases the pressure on online lotteries 

On 16 April 2026, the Constitutional Court ruled on another key aspect of player protection: the information system on excluded persons, known by the acronym EPIS. 

This electronic register lists excluded players. Exclusion may be mandated by law, requested voluntarily by the player, or result from a request submitted by a relevant third party. Operators must consult the system when a player wishes to enter a casino, gaming hall or betting shop, as well as when they wish to take part in online games of chance. A person registered in the system is denied access to the relevant establishments and may not take part in games of chance. 

In 2024, the system was modernised with the mandatory use of the authentication module for electronic identity cards or residence permits. The verification requirement was also extended to bets accepted in press shops holding an F2 licence. 

However, in its judgement of 16 April 2026, the Court ruled that the absence, in the case of online lotteries, of the requirement for prior verification in EPIS and of the age limit of 21 constituted discriminatory treatment and was therefore contrary to the Constitution. 

Two possible ways out of the impasse 

The section on Belgium in the International Gambling Laws & Regulations Review 2026/27, written by Pieter Paepe, a partner at EDSON and a solicitor specialising in particular in Belgian and European business law and gambling regulation, outlines two possible ways of resolving this discrimination. Belgium could remove certain restrictions introduced in 2024 on online gambling. Alternatively, it could extend similar restrictions to online lotteries. 

The new age limit of 21 stands up to constitutional scrutiny 

Not all of the 2024 reforms have been called into question, however. 

One of the most notable changes was setting the minimum age at 21 for all forms of gambling, including betting. Prior to this reform, the 21-year-old threshold already applied to casinos and gaming halls, including online ones, whilst betting was accessible from the age of 18. 

The Constitutional Court has upheld this general increase in the minimum age. In particular, it referred to a gradual trend towards raising the minimum age for participation in games of chance. 

The real constitutional issue lies elsewhere: not in the principle of a 21-year-old age limit for games of chance, but in the difference in treatment observed with regard to lotteries offered online. 

Prohibited bonuses: the Court clarifies the scope of the rule 

The 2024 reform also abolished online bonuses and incentives designed to attract or retain players. This specifically targets gifts, bonuses, free spins, gaming credits and similar incentives that may influence a player’s behaviour. 

The Constitutional Court has clarified the scope of this ban. It may encompass free games, even where no money is at stake, multipliers applied to winnings from an initial game, mechanisms reducing the player’s risk in the event of a loss, or certain gaming credits awarded as rewards. 

However, the payout rate to players is not considered a prohibited bonus, as it constitutes an intrinsic technical feature of the game. 

Another change fundamentally reshapes the digital offering: several categories of games may no longer be grouped under a single domain name or web address. A player must have separate accounts depending on the type of licence, and transfers of money between these accounts are prohibited. Money deposited into a betting account cannot therefore simply be transferred to an online casino account. 

Advertising for gambling has become the exception 

At the same time, Belgium has significantly restricted the scope for promoting games of chance. 

The restrictions initially introduced by the Royal Decree of 27 February 2023 were subsequently incorporated into law in 2024. They apply to both physical and digital activities. The principle is now that advertising is prohibited, except where it is expressly authorised by Royal Decree. 

Even where advertising is permitted, significant restrictions remain. Targeted advertising is prohibited. Authorised communications must clearly state the minimum legal age and include a warning message. 

For online licence holders, promotion is essentially confined to their own websites and official social media accounts. No advertising-related interaction is permitted; third parties may not be paid to promote it; and adverts using moving images may not exceed five seconds. 

The Constitutional Court, however, identified the same issue of regulatory consistency here. In its judgement of 11 December 2025, it ruled that the ban was discriminatory insofar as comparable restrictions do not apply to online lotteries. The legislature has, once again, been granted a deadline expiring on 31 December 2026. 

The Court also adopted a broad interpretation of the concept of advertising. This is not limited to the explicit promotion of a gambling product: a campaign aimed simply at enhancing an operator’s image may also be regarded as advertising. It recognises, however, that a certain level of brand awareness amongst legal operators can help prevent players from turning to illegal offerings. 

Sport is gradually losing its gambling brands 

Sports sponsorship still benefits from certain exceptions, but these are being tightened. 

Sponsorship remains permitted for non-professional sports clubs and, until 1 January 2028, for professional organisations. It is, however, limited to certain forms of displaying the licence holder’s name or logo.  

Since 1 January 2025, sponsorship messages broadcast during Belgian sporting competitions have no longer been permitted. They remain possible for certain international and European competitions, subject to strict conditions: a maximum of five seconds per message, no more than two broadcasts per hour, and only during the fifteen minutes preceding or following the live broadcast of the event. 

762 websites on the blacklist in May 2026 

Whilst regulations for authorised operators are being tightened, the authorities are also stepping up their efforts to combat illegal gambling. 

Since 2011, the Gaming Commission has maintained a blacklist of websites offering games or betting without the required licence. Most Belgian internet service providers block the websites on this list. 

In May 2026, this list contained 762 websites. The Commission is now bringing more proceedings against illegal operators and imposing administrative fines of up to several hundred thousand euros. Some of these penalties are being challenged in the Belgian courts. 

Since May 2024, this blocking mechanism has also had a specific legal basis. The Commission is required to maintain a list of addresses corresponding to websites offering unlicensed gambling in Belgium. This updated list is published in the Belgian Official Gazette and communicated to internet service providers so that blocking can take place as quickly as possible. 

Another provision has been in place since June 2024 under the Economic Law Code. In particular, it allows authorised operators or any party demonstrating a legitimate interest to request measures against illegal websites and operators, as well as against intermediaries facilitating their activities. 

By May 2026, the Economic Inspectorate had already adopted 11 enforcement decisions since the start of the year, targeting internet service providers and other digital intermediaries. 

Legal operators facing a banking paradox 

Another issue, less visible to the general public, could undermine Belgium’s channelling policy. 

Licensed companies need banking services to operate. Belgian law requires companies to hold an account with a credit institution. However, according to an analysis published in the International Gambling Laws & Regulations Review 2026/27, it is becoming increasingly difficult for licensed gambling operators to obtain or retain banking services from Belgian banks, whether in the form of an account, financing or bank guarantees. 

Some banks cite anti-money laundering risk management as the reason. However, the European Banking Authority had pointed out in an opinion dated 5 January 2022 that excluding entire categories of customers without assessing their individual profiles may be unjustified and reflect ineffective risk management. 

The National Bank of Belgium also stated, in a circular dated 1 February 2022, that systematically excluding a business relationship solely on the basis of the customer’s affiliation with a particular sector was neither appropriate nor in line with regulatory requirements regarding anti-money laundering. Several cases are currently pending before the Belgian courts on this issue. 

Environmental, social and governance criteria are also used by some banks to refuse or terminate relationships with licensed gambling companies. 

2026: the year Belgium must make a decision 

Belgium thus finds itself facing a major legal dilemma. 

On the one hand, the policy pursued over the past several years has strengthened player protection: a minimum age of 21, the abolition of online bonuses, the separation of certain digital offerings, severely restricted advertising, monitoring of self-excluded individuals and increased crackdowns on illegal sites. 

On the other hand, the Constitutional Court is demanding greater consistency where products accessible online present comparable experiences and risks. Two successive rulings have now placed online lotteries at the heart of this debate. 

31 December 2026 is the deadline set by the Court to remedy the discrimination identified. The decisions taken between now and then will determine whether certain restrictions on online gambling are reviewed or whether, on the contrary, some of these safeguards are extended to online lotteries.