Belgium Grants New Powers to Tackle Illegal Gambling
Expertise: iGaming, Online casinos
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The updated regulations, contained under Article XVII.34/1, grant relevant parties the authority to exercise extraordinary measures against potential market irregularities by filing a complaint with the Brussels Commercial Court.
Under the provisions, any entity – including private companies, management organizations, or professional associations with legal status – may unilaterally or collectively petition the court regarding alleged infringements of illegal online games of chance.
Upon review, the President of the Brussels Commercial Court can issue an interim order against alleged wrongdoers and relevant intermediaries to cease infringing activities, provided the infringement is manifest and significant.
As part of the updated guidelines, the President must issue a ruling within eight working days of the filing of the petition. The President can also order the decision to be published online for a certain period.
Defendants can request a hearing with the court’s President on the alleged infringement, at which the claimant will also be present.
Belgium’s Gambling Commission, the Kansspelcommissie, will conduct an online education session on December 17 to provide further details and clarification on the revised framework.
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With the introduction of the new rules, the Belgian government responds to internal demands for enhanced regulation of illegal online gambling sites, prompted by a Ministry of Justice-funded research initiative that identified inefficiencies in implementing and enforcing the country’s Royal Decree on Gambling.
A study released in April revealed that the number of illegal betting websites in the region rose to more than 2,200 in 2023.
Of the identified websites, it was found that five hundred had previously been blacklisted by the regulator and were blocked in Belgium, meaning at the time, more than seventeen hundred illegal sites were still active.
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