Online gambling legislation in Gibraltar

Situated at the southernmost tip of Europe, Gibraltar is the only overseas territory that is part of the EU. Currently Gibraltar is a worldwide recognized offshore financial centre. The country is situated on the tip of the Iberian Peninsula, north of Morocco and south of Spain. Gibraltar is a self-governing British Crown Dependency; the UK is responsible solely for the external relations and foreign affairs of the territory. Gibraltar is a full member of European Union and it retains complete independence from the UK in matters of taxation.

The UK’s Gambling Act 2005 confirmed Gibraltar status as a sector of the European Economic Area (EEA) for the purpose of the new UK gaming legislation. The business interest in Gibraltar is encouraged by the country’s unique union of EU membership, British common law framework and tax competitiveness.

The Government of Gibraltar introduced the Gambling Ordinance in 2005 to denote the borders of the online gambling legislation in Gibraltar - comprising Internet betting in Gibraltar - and to contemplate its ways of functioning. The document names definite requirements for  Internet gambling in Gibraltar, aiming at a balance between regulatory and reputational concerns and the needs of this industry. Internet gambling is defined as a remote one ‘in which persons participate by means of remote communication, that is to say, communication using

• the internet,
• telephones,
• television,
• radio or,
• any other kind of electronic or other technology for facilitating communication;’

Remote gambling legislation has essential differences in comparison to those of non-remote, domestic gaming and betting activities.

Types of Licences

In compliance with the Gambling Ordinance 2005 the Licensing Authority may grant licences of the following types:

• a bookmaker’s licence; 
• a betting intermediary’s licence; 
• a gaming operator’s licence;
• a gaming machine licence;
• a lottery promoter’s licence;
• a pools promoter’s licence;
• a remote gambling licence.

The Licensing Authority and the Gambling Commissioner are responsible for attending the duties regulated by the Gambling Ordinance 2005. The Licensing Authority is empowered to investigate whether an applicant is appropriate to get the Gibraltar online gambling licence, to make the renewal of licences’ and suspension or revocation in relevant circumstances.

The duties of the Gambling Commissioner are to ensure that the licence holders conduct their undertaking in terms of their licences; other amendments are made under the Gambling Ordinance 2005 and maintain the good reputation of Gibraltar. The authority also has the power to compose and officially announce the codes of practice & conduct for licence holders of gambling undertakings. Either the Licensing Authority or the Gambling Commissioner can investigate information in appropriate conditions from operator to ensure their enforcement of duties.

According to the Gambling Ordinance 2005 only the licence holder has the right to provide facilities for any kind of remote gambling within the country. The document announces the minimum allowed age for gambling and licence holders should ensure the authorities that they do not offer their services to persons under that age. It is allowed to gamble at the age of 18, but for the lotteries with no money prizes – at the age of 16.