Belgium Tightens Up on Illegal Gambling
Belgium has updated the legal framework to combat illegal online gambling, giving more power to stakeholders and simplifying the judicial process.
New Powers Under Economic Code
The new rules under Article XVII.34/1 of the Economic Code allow private entities, management companies and professional associations to file a complaint about illegal online gambling directly with the Brussels Commercial Court. They can do this individually or as part of a collective complaint to address market abuses.
The President of the Brussels Commercial Court can issue provisional measures against the alleged infringer and any intermediaries if the infringement is “clear and significant”. Decisions must be taken within 8 working days from the opening of the file.
Faster Judicial Process
The new framework is more urgent, with unilateral applications benefitting from a presumption of urgency. Defendants can still request a hearing with the claimant to respond to the claims. The court’s President can also order the publication of the decision online for a limited period.
To clarify these changes, the Belgian Gaming Commission (Kansspelcommissie) will host an online session on December 17. This will be an opportunity for stakeholders to get familiar with the new enforcement framework and its consequences.
The changes were triggered by internal reviews of the Royal Decree on Gambling which showed enforcement gaps. A Ministry of Justice funded research project found that more controls were needed to effectively combat illegal gambling websites.
