Belgian Attorney Generals Set Prosecution Guidelines for Gambling Violations

Belgium Sharpens Gambling Regulation Enforcement with New Prosecutorial Guidelines

Belgium’s legal framework for gambling has been fortified with new prosecutorial guidelines from the Board of Attorney Generals, detailing the enforcement of the Belgian Gaming Act and underscoring the Belgian Gambling Commission’s authority. The guidelines aim to standardize the application of gambling laws and clarify the Commission’s role in combating illegal gambling activities.

The Board of Attorney Generals, serving as an advisory entity to the national justice system, meticulously reviewed the Belgian Gaming Act of 1999 to provide comprehensive norms for the prosecution of gambling infractions. This initiative seeks to ensure the consistent enforcement of regulations across the nation.

Under these new guidelines, the Belgian Gambling Commission is empowered to engage federal authorities to issue warnings, penalties, and prohibitions to both licensed and unlicensed gambling operators. A collaborative relationship with the Federal Prosecutor’s Office (FPO) is mandated, particularly in cases where gambling infringements are intertwined with criminal offenses.

Specifically, the Commission is charged with notifying the FPO of violations such as the operation of clandestine establishments, entities continuing post-licence revocation, and unauthorized online gambling and advertising. Such breaches, especially when linked to criminal acts, are governed by Article 543 of the Belgian Gaming Act.

In parallel efforts, the Belgian Association of Gaming Operators (BAGO), representing a significant segment of the market with its six-member organizations, has enacted a self-regulated Duty of Care. This pledge introduces protective measures to identify and mitigate problem gambling, reinforcing the country’s commitment to responsible gaming.

The Duty of Care hinges on four foundational elements: the implementation of a standardized algorithm to detect gambling harm, player-oriented recommendations and resources, comprehensive training for industry employees, and transparent communication with the national regulator. This landmark agreement, embracing Belgium’s largest operators, encapsulates the industry’s proactive approach to consumer protection and regulatory compliance.