National Betting Authority: No Disciplinary Sanctions Imposed Following Substantive Review under the Betting Law

The National Betting Authority concluded proceedings initiated under Article 95 of the Betting Law 37(I)/2019 concerning an alleged lack of compliance by a legal entity with provisions of the Law and related Directives, with a potential outcome being the imposition of an administrative fine. Following the completion of the hearing process and the assessment of the representations submitted, the Authority’s Board decided not to impose any disciplinary sanctions.

The proceedings concerned the assessment of certain online services under the applicable regulatory framework governing gambling and betting activities. The central issue examined was whether, by reason of their nature and characteristics, the services in question could fall within the categories of activities expressly regulated by the Betting Law, such as to establish an infringement and trigger the Authority’s power to impose administrative sanctions.

In the course of the proceedings, detailed and substantiated submissions were advanced regarding the interpretation of the key statutory concepts, the objective elements of the alleged infringements, and the requirement for a clear and specific legislative basis for the imposition of administrative sanctions, particularly where such sanctions have a deterrent and quasi-criminal character. Particular emphasis was placed on the principle of legality and the constitutional and European law requirement that administrative penalties cannot be imposed in the absence of express and foreseeable statutory typification of the alleged conduct.

In parallel, the nature of the services provided was examined substantively, with analysis of their functional and factual characteristics, including whether they involved elements of economic stake or the award of material or monetary benefit – criteria which are central to the classification of activities as gambling under the applicable legal framework. It was further highlighted that, in the absence of such elements, any expansive interpretation of the relevant provisions would run counter to the fundamental principles of legal certainty and the legitimate expectations of regulated entities.

Consideration was also given to issues of proportionality, substantive compliance, and cooperation with the Authority, as well as to the broader factual context within which the matters under examination arose. The overall assessment of these factors led to the conclusion that the conditions for the imposition of an administrative fine or other disciplinary sanctions were not met.

The decision of the National Betting Authority underscores the importance of a careful and restrictive interpretation of the regulatory framework, particularly in sectors that are rapidly evolving and have not yet been subject to comprehensive and explicit legislative regulation. At the same time, it confirms the decisive role of rigorous legal analysis and substantive examination of the actual operation of services before the adoption of administrative measures with significant financial and professional implications.