O jogo online em Portugal não está regulado.
Developments in the regulation of online gambling in Portugal
Despite the increasing pressure to implement a set of regulations on online gambling, in particular from the Troika (European Commission/European Central Bank and International Monetary Fund), the fact is that until now the Portuguese Gaming Law remains unchanged. This means that the operation and playing of games of chance is only permitted in casinos authorised by the Government. This means that online gambling, whether based in Portugal or abroad, is not currently legal. By João Magalhães Ramalho, Partner, and Luís Castilho, Associate, at PLMJ Sociedade de Advogados, Lisbon.
However, the Portuguese Government has long recognised the need to regulate online gambling, namely since early 2011, when the European Commission published its Green Paper on online gambling in the European market. In fact, and in reaction to this paper, a comprehensive study was ordered by the Portuguese Government in 2012 (and completed in July of the same year) which established the basis for the legal authorisation granted to the Government initially included in the Draft State Budget Law for 2014 for the implementation of effective regulations on online gambling.
However, this authorisation was removed upon the approval of the final version of the State Budget Law for 2014 on the grounds that the regulation of online gambling is a matter too important to be discussed in the context of the State Budget and, therefore, deserves a debate all of its own.
The fact is that the parties represented in Parliament are greatly divided on the most suitable regulatory model for the Portuguese online gambling market. The two parties that hold office in the Portuguese Government seem to support a regulatory model whereby Santa Casa da Misericórdia de Lisboa - a non-profit making organisation operating under the strict control of the Portuguese Government that is responsible for organising certain gaming activities such as lotteries, lotto and other similar games – would hold the exclusive right to organise and operate online gambling (with the possibility of sublicensing other operators under its terms and conditions), as well as the right to enforce preventive and protective measures aimed at safeguarding full compliance with the new gambling law.
However, the model apparently supported by the Government is being fiercely disputed by the European Gaming and Betting Association (EGBA) and the major online gambling operators on the grounds that the Santa Casa regulatory model unjustifiably restricts the free movement of services within the European market and will not curb the demand for illegal gambling.
Like most disputes in life, one may speculate that a ‘Solomon’ decision may be taken by the Portuguese Government in order to approve a semi-liberal regulatory model, according to which online gambling licensing rights would be granted to private operators by public tender, even if the supervision and enforcement of the new gambling law remains with Santa Casa da Misericórdia de Lisboa.
This issue has been rekindled quite recently following the latest update to the memorandum of understanding concluded between the Portuguese Government and the Troika, which was made public last February. Under this understanding, the Portuguese Government has committed itself to moving forward with the law governing this sector as soon as possible. The initial deadline was intended to see a proposal by the end of February. However, two months have passed and we are still awaiting further developments on this subject.
If we had to bet, we expect that in the next few months a ‘halfway’ position will prevail.
João Magalhães Ramalho Partner
Luís Castilho Associate
PLMJ Sociedade de Advogados, Lisbon
http://www.e-comlaw.com/world-online-gambling-law-report/hottopic.asp?id=1425