Basic law: Glücksspielgesetz
Glücksspielgesetz (GSpG) is Austria's basic federal law on gambling. It defines what is considered a "game of chance," establishes a limited admission model (federal monopoly + concessions), describes the licensing of land casinos and "electronic lotteries" (online), and also sets the framework for slot/VLT and delimits the competencies of land in sports betting.
1) What exactly regulates GSpG
GSpG applies to: lotteries (including online as "electronic lotteries"), land casinos, poker (directly related to games of chance), and also sets the framework for devices (slot/VLT) at the level of federal states. The basic definition: games whose outcome is entirely or largely determined by chance.
Key: the federation has a monopoly on chance games; access to the main verticals is possible only through state/competitive concessions and within the established quotas.
2) Separation of competencies: federation vs. land
Federal level (GSpG): lotteries (including online formats), land casinos, poker, VLT frames.
Land level: sports bets and part of "small format" devices outside the casino (within the limits established by GSpG and land laws).
This is a fundamental division: "chance games" are a federal monopoly; "betting" is the subject of land regulation.
3) Concessions and market structure
GSpG provides a limited number of concessions for casinos and a centralized model for lotteries/online. Historically, the regime included 12 concessions for land casinos, strict supervision of holders and detailed requirements for their work. For "electronic lotteries" (online casinos/lotteries), there is a monopoly structure associated with state/quasi-state operators.
4) Online segment: "electronic lotteries" and monopoly model
Online casinos and lotteries in Austria are built into the GSpG framework as "electronic lotteries." In practice, this means a centralized (monopoly) architecture, in which market access is through a limited range of rights, and foreign ones. com sites are treated as unlicensed. The political consensus of recent years is to extend the current model with a focus on protecting players and controlling payments.
5) Player Protection, AML/KYC and Advertising
GSpG is not only about licenses, but also about security: mandatory identification of players, limits, self-exclusion, transaction monitoring and behavioral risk triggers. The official explanations emphasize the main goal - to prevent oversupply and protect the consumer from unfair practices, including the online environment. Advertising communications are under increased control.
6) Supervision and enforcement (including unlicensed operators)
GSpG provides for administrative compositions and sanctions, as well as legal grounds for actions against operators without an Austrian license (including under § 52 GSpG). This relies on the practice of national courts and a long wave of civil claims by players against foreign sites (challenging contracts and returning losses).
7) European context and precedents
The EU courts recognized that, subject to the principles of proportionality and control, a state monopoly in gambling can comply with EU law (including on issues of transparency in the issuance of concessions and supervision of holders). For Austria, the conclusions related to the heads of GSpG on 12 concessions and casino control are important.
8) Current agenda and trends of GSpG application
Extension of the monopoly architecture online: political statements and upcoming tender procedures confirm the course towards maintaining the model.
Mass claims of players against foreign ones. com operators: a significant legal and financial topic in recent years.
Evolution of RG/AML tools: strengthening risk analytics, payment tracing, digital identification.
9) Practical summary for content and business
1. In Austria, "chance games" are the sphere of the federal monopoly on GSpG; access is possible through concessions/monopoly rights. 2) Rates - land competence (separate land laws). 3) Online is embedded as "electronic lotteries" in a centralized model. 4) RG/AML is the core of regulation, with strict requirements for identification, limits and communications. 5) Law enforcement actively suppresses unlicensed activities and is supported by judicial practice.
GSpG is a "controlled admission" architecture: the state holds key gambling verticals, combining limited concessions, monopoly online and a high standard of player protection. For the industry, this means predictable rules, but a high entry threshold and constant requirements for compliance and responsible gambling.