Gambling Comparative Guide

1 History of and overall attitudes to gambling

1.1 How prevalent are different types of gambling in your jurisdiction? For example, does the current law reflect: (a) Religious or moral objections to gambling? (b) A permissive approach which also seeks to address the social consequences of gambling? and (c) The promotion of gambling as an 'export' industry?

The most prevalent types of gambling in Romania are land-based slot machine halls and online gambling. Markets statistics suggest that Romania has the largest number of slot-machines per capita out of all EU countries. This has prompted the government to take rather aggressive measures, and in 2024 a new legal restriction was introduced which bans slot machine halls in localities with fewer 15,000 inhabitants. (According to the public statements made in relation to this new restriction, 90% of all localities in Romania have fewer than 15,000 inhabitants).

On the other hand, online gambling in Romania has increased considerably in recent years and advertising of these services has become particularly prominent – especially in the form of out-of-home advertising. These aggressive advertising practices have prompted the government to introduce new restrictions limiting the size of billboards to 35 square metres.

Arguably, these new measures are a reaction to moral objections against gambling, as numerous voices contend that state authorities should control this activity as a vice and subject it to severe operational and promotional restrictions.

2 Legal and regulatory framework

2.1 Which legislative and regulatory provisions govern gambling in your jurisdiction?

The conditions under which games of chance are organised and operate in Romania are mainly set out in the following normative acts:

• Government Emergency Ordinance (GEO) 77/2009 on the organisation and operation of games of chance: This is the primary gambling legislation in Romania, which:
• • outlines key licensing requirements;
  • defines licensed gambling categories; and
  • lists sanctions for non-compliance.
• Government Decision (GD) 111/2016 on the approval of the methodological norms for the implementation of GEO 77/2009 on the organisation and operation of games of chance: This is the secondary gambling legislation which sets out the licensing and operational requirements applicable to all categories of games of chance defined in the primary legislation.
• GEO 20/2013 on the establishment, organisation and functioning of the National Gambling Office (ONJN): This statute sets out the main attributes of the Romanian gambling regulator.

Gambling is also regulated by means of instructions, orders and decisions issued by the ONJN in relation to various aspects of gambling activity, such as:

• the certification of online gambling platforms;
• interconnection protocols and reporting requirements for slot machines; and
• reporting of the revenues obtained by both land-based and online operators.

Certain anti-money laundering (AML) requirements, outlined in Law 129/2019 (implementing the Fourth and Fifth AML Directives), apply to gambling activities. The gambling regulator has also issued sector-specific norms to clarify the implementation of the AML regime in this field.

2.2 Which bodies are responsible for regulating and enforcing the applicable laws and regulations? What powers do they have?

The ONJN is the public authority that is competent to:

• supervise and control the Romanian gambling market; and
• grant licences and authorisations to gambling operators.

Depending on the type and severity of the breach, the ONJN has the power to:

• suspend, revoke or even cancel gambling licences; and
• impose administrative fines if an operator or licensed supplier infringes its licensing and authorisation conditions.

If a breach committed by an operator or licensed supplier represents a criminal offence, the ONJN is legally obliged to refer the case to the relevant criminal investigatory bodies.

2.3 What is the regulators' general approach in regulating the gambling sector?

The ONJN generally takes a balanced approach to gambling regulation, focusing on:

• ensuring consumer protection;
• preventing underage gambling; and
• combating gambling addiction.

The ONJN:

• emphasises transparency, fairness and responsible gambling practices;
• maintains a strict licensing system for operators; and
• monitors compliance through regular audits and inspections, imposing sanctions for certain violations

The regulatory framework also aims to:

• prevent illegal gambling activities; and
• ensure that licensed operators comply with AML requirements.

3 Definitions and scope of gambling

3.1 How is 'gambling' defined in your jurisdiction?

Gambling is defined by the primary gambling legislation in Romania as an activity that has the following cumulative characteristics:

• a participation fee;
• the random selection of results on which the game is based;
• monetary winnings; and
• a public offering.

Further on, the same legislation stipulates that gambling also includes products that meet the above characteristics, but where the result is determined without the involvement of the operator, even if such result is not randomly generated (eg, sports betting on real events).

3.2 What different types of activities are defined in the gambling legislation and what specific requirements apply to each? Please consider: (a) Betting (fixed odds/pool and spread)/betting on lotteries; (b) Gaming (house and ring games); (c) Lotteries/scratch cards and (d) The interface with financial products (if relevant).

In Romania, gambling activities are categorised by specific legal definitions and requirements, in accordance with GEO 77/2009 on the organisation and operation of gambling. The key categories are as follows:

• Betting: This includes:
• • fixed odds betting;
  • pool/mutual betting; and
  • exchange betting.
• Participants predict the outcome of events (either sporting or non-sporting), with winnings determined by odds or pooled stakes. Legal requirements for these activities include:
• • obtaining licences from the regulator; and
  • complying with specific betting rules, such as odds disclosures and prize distribution.
• Gaming: This generally refers to casino games, poker and slot machines. These are traditionally games where outcomes are determined by chance, often involving equipment such as cards, dice or electronic devices. Operators must ensure that games are fair, transparent and certified by the National Gambling Office (ONJN) – especially for activities such as video lottery and casino games held both in physical locations and online.
• Lotteries and scratch cards: These include traditional lotteries and instant-win games. They rely on random draws to determine winners, whether in-person or remotely. Legal requirements focus on ensuring:
• • transparency;
  • fairness; and
  • that operators are licensed by the ONJN.
• Financial products: Betting involving financial products does not fall under the gambling law, and the regulator has previously stated that these products are covered by financial regulations.

Overall, each category of gambling requires an operator to have the appropriate licence and authorisation from ONJN, which ensures that activities are regulated to:

• protect players;
• ensure fairness; and
• prevent fraud.

3.3 What are the main mechanisms and features of the control of gambling in your jurisdiction? What are the consequences of breach of the regulations, both for operators and for players?

In Romania, gambling is regulated and controlled through a comprehensive framework overseen by the regulator. The key mechanisms include licensing and authorisation, whereby operators must obtain specific licences for each gambling activity, meeting stringent technical, financial and operational requirements. Ongoing monitoring is conducted by the ONJN through audits, inspections and mandatory reporting by operators, to ensure compliance with the law. Additionally, anti-money laundering measures must be implemented in accordance with Law 129/2019 and sector-specific regulations. Gambling systems must also adhere to defined technical standards, including real-time data transmission to the ONJN.

Non-compliance with gambling laws can lead to both administrative and criminal sanctions. Administrative liability may arise, for instance, where an operator:

• allows participation without valid identification;
• fails to pay winnings within three business days; or
• neglects to notify the ONJN of significant changes to its operations.

Failure to comply may result in suspension or revocation of the operator's licence.

Criminal liability is triggered where gambling activities are operated without the required licences and authorisations. This offence is punishable by imprisonment for up to one year or a fine, with additional sanctions including:

• the dissolution of the operator; and
• confiscation of illicit gains.

For players, participation in online gambling with an unlicensed operator can lead to administrative fines ranging from RON 5,000 to RON 10,000, but no criminal liability is incurred. Thus, both operators and players must adhere to strict regulations to avoid significant legal consequences.

4 Issues of jurisdiction

4.1 What approach do the courts take to the issue of jurisdiction? Where an operator which is physically outside the jurisdiction offers services to individuals within the jurisdiction, is such gambling treated as taking place offshore and outside the control of the authorities? If not, what triggers establish when such gambling is subject to the laws and control of your jurisdiction?

The regulator requires all licensed operators to set terms and conditions with players that are governed by Romanian legislation and any disputes must be heard by the Romanian courts. In practice, in recent years, the number of court cases in which players have raised claims against operators has increased significantly.

4.2 Can foreign operators provide remote gambling services in your jurisdiction without obtaining a licence? Can licensed domestic operators provide services overseas?

Foreign operators cannot provide remote gambling services in Romania without obtaining a licence from the National Gambling Office.

Licensed domestic operators can provide services overseas if they comply with the regulations of the target jurisdiction. Romanian law does not impose restrictions on operators offering services abroad, but they must comply with the applicable legal requirements in the respective jurisdictions.

5 Remote versus non-remote gambling

5.1 Does the gambling regime in your jurisdiction distinguish between remote and non-remote gambling? If so, how are these defined?

Romania's gambling regime distinguishes between remote and non-remote gambling, with separate definitions, licensing and operational requirements outlined in Government Emergency Ordinance (GEO) 77/2009 and Government Decision 111/2016. Both sectors are subject to stringent oversight, but remote operators face additional compliance challenges, particularly in relation to:

• IT security;
• player verification; and
• anti-money laundering (AML) measures.

Definitions:

• 'Remote gambling': Games of chance conducted online via communication systems, such as the internet or mobile networks, where players participate without being physically present.
• 'Non-remote gambling': Land-based games of chance conducted in physical locations, including casinos, betting shops and slot machine halls, requiring players' physical presence.

Licensing and compliance:

• Remote gambling: Operators need a Class 1 licence and authorisation for all activities on a single gambling platform. Key requirements include:
• • certified IT systems;
  • safe and mirror servers hosted in Romania for National Gambling Office monitoring;
  • annual audits; and
  • compliance with enhanced AML and data protection standards.
• Non-remote gambling: A Class 1 licence and separate authorisations are required for each activity or machine. Operators must comply with:
• • technical standards (eg, certified equipment); and
  • local zoning laws.

5.2 Are there any restrictions on the media through which gambling can be provided (eg, internet/mobile telephony)?

There are no outright prohibitions on the media through which gambling can be offered, but strict regulations apply to ensure responsible communication. The advertising of gambling is allowed on the Internet, mobile platforms and television, but is heavily restricted under GEO 77/2009 and other subsequent regulations.

6 Licensing

6.1 What types of licences are available? Please consider: (a) Operators; (b) Activities (if relevant); (c) Premises; (d) Key individuals (if relevant) and (e) Equipment (if relevant).

Romanian law regulates the following types of licences:

• Class 1 licence and related authorisation(s): These permits must be obtained by business-to-consumer (B2C) operators in order to offer gambling services on the Romanian market (irrespective of whether this relates to land-based or online gambling).
• Class 2 licence: This licence is required for business-to-business (B2B) providers, specialising in the gambling industry, that supply products/services to B2C operators licensed in Romania. The categories of B2B suppliers for which the National Gambling Office (ONJN) has issued Class 2 licences are as follows:
• • manufacturers, distributors and other entities performing activities with gaming equipment or gaming components (this type of Class 2 licence is relevant for the land-based sector);
  • software providers;
  • providers of platform management and hosting services;
  • providers of live casino streaming services;
  • certification laboratories, auditors and conformity assessment bodies;
  • payment processors;
  • marketing affiliates; and
  • data centres for safe and mirror servers located in Romania and used by online operators.
• Class 3 licence: This is granted by benefit of law to the Romanian National Lottery, which has a legal monopoly over the organisation of land-based and online lottery games.

6.2 Which bodies award and oversee such licences?

In Romania, the ONJN is responsible for awarding and overseeing gambling licences. It supervises both remote and non-remote gambling operators and the activities of specialised B2B providers:

• ensuring compliance with:
• • licensing conditions;
  • anti-money laundering (AML) regulations; and
  • operational standards outlined in Government Emergency Ordinance (GEO) 77/2009 and Government Decision (GD) 111/2016; and
• monitoring licensed activities and imposing penalties for violations.

6.3 What are the key features of such licences (eg, term/renewal/any limit on overall numbers/change of control)?

B2C operators are subject to numerous compliance obligations, such as the following:

• Any changes to the terms and conditions for online platforms or to the game rules must be approved in advance by the ONJN.
• Every new game intended to be offered on the market must be certified by a Class 2 licensed laboratory and approved in advance by the ONJN.
• Any significant change to the licensing data must be reported within five business days.
• Revenues must be reported on a monthly basis and it is quite common in practice for the ONJN to conduct ad hoc inspections.
• Movement of land-based gaming equipment must be reported to the regulator by following strict deadlines.
• Online operators must use specialised suppliers that hold a Class 2 licence and land-based operators can acquire the equipment (or have maintenance services secured) only from licensed providers.
• Online operators must conduct an annual technical audit and recertification in order to have their authorisation renewed.

6.4 What are the substantive requirements to obtain a licence (eg, company established in the jurisdiction/physical presence/capitalisation?)

To obtain a gambling licence in Romania, applicants must meet several requirements under GEO 77/2009 and GD 111/2016:

• Operators must be established:
• • in Romania; or
  • in the European Union, the European Economic Area or Switzerland.
• Foreign entities must register a permanent establishment in Romania for tax purposes.
• Operators must provide financial guarantees to cover risks such as unpaid taxes. For example, for 2024, these guarantees ranged from €500,000 to €7 million, depending on revenue and activity type.
• Online operators must have certified IT systems, secure hosting and mirror servers located in Romania for monitoring by the ONJN. Technical audits of systems, random number generators and gaming software are required.
• Applicants must demonstrate compliance with responsible gambling and AML standards, including customer verification (KYC) and reporting mechanisms.

6.5 What are the formal and documentary requirements to obtain a licence?

The formal and documentary requirements that operators need to meet include the following:

• Corporate documentation:
• • Proof of the company's legal status (eg, incorporation documents, tax registration);
  • Criminal record checks for directors and shareholders;
  • Affidavits identifying ultimate beneficial owners (UBOs) holding more than 25% equity in the company;
  • A licensing application;
  • A completed application form, including detailed information about the company, its directors, shareholders and UBOs; and
  • Proof of payment of the licensing fee (eg, €3,500 for online licences).
• Financial documentation:
• • Evidence of financial stability, including the payment of relevant taxes and fees; and
  • Submission of guarantees based to cover the risk of non-payment of the tax duties, which range from €500,000 to €7 million, depending on the required licence.
• Technical and operational requirements for online operators:
• • Certification of IT systems and software, including random number generators and return-to-player calculations; and
  • If the main gaming server is outside Romania, confirmation that mirror servers have been established in Romania for monitoring by the ONJN.
• Compliance with AML and responsible gambling:
• • Demonstration of adherence to AML and KYC protocols, including procedures for monitoring transactions and reporting suspicious activities; and
  • Evidence of responsible gambling measures, such as self-exclusion programmes and age verification.
• Approval and fees: Operators must submit the full application to the ONJN at least nine business days before an ONJN Supervisory Committee meeting. The licence is typically granted within 30 days, subject to the approval of the necessary documentation.

6.6 What is the typical timetable for obtaining a licence?

In accordance with the regulation, the complete licensing documentation must be submitted to the regulator at least nine business days before the ONJN Supervisory Committee's meeting. The Supervisory Committee is the body within the ONJN that approves licence applications during its periodic meetings, which are generally organised twice a month.

Pursuant to GEO 77/2009, licence applications will be resolved within 30 days of submission of the complete documentation. However, considering that the ONJN has the competence to request any additional documents or information deemed necessary, in practice, the licensing and authorisation procedure generally exceeds this initial 30-day timeframe provided for by law.

6.7 What costs are typically incurred in obtaining a licence?

• An applicant for an online licence must pay an administrative fee of €3,500 for the review of the licensing documentation.
• Both land-based and online operators must also pay a €10,500 fee for the issuance of the licence.
• These are also administrative taxes related to the analysis and issuance of the licence, and operators face numerous other tax obligations on their activities once licensed.

7 Ongoing compliance

7.1 What are the operator's rights and obligations under the licence?

Operators have specific rights and obligations under a gambling licence in Romania, as follows:

• Rights:
• • Operators are legally authorised to provide gambling services in Romania, whether land-based or online, within the terms of their licence.
  • Once licensed, operators can offer gambling services to the public and attract customers from Romania.
• Obligations:
• • Operators must:
  • • adhere to all relevant regulations, including anti-money laundering and data protection laws; and
    • ensure that responsible gambling practices are in place.
  • Operators must pay numerous taxes, such as:
  • • licence tax;
    • authorisation tax;
    • tax on player deposits (for online gambling); and
    • vice tax (for land-based slot machines).
  • Operators must:
  • • regularly report financial data to the National Gambling Office (ONJN); and
    • comply with its auditing and inspection processes.
  • Any significant changes to operations or company structure must be reported within five business days.
  • Operators must:
  • • ensure that games are fair;
    • maintain certified IT systems; and
    • meet technical standards set by the ONJN, including certified random number generators and transparent game rules.
  • Operators must implement measures to protect players, including:
  • • verifying age;
    • offering self-exclusion options;
    • setting betting limits; and
    • ensuring that minors are excluded from gambling.

Failure to comply with these obligations can result in penalties, including:

• fines; and
• suspension or revocation of the licence.

These obligations ensure that operators maintain a safe, fair and transparent gambling environment.

7.2 Can licences be transferred? If so, how? What restrictions apply?

In Romania, gambling licences are generally not transferable. The ONJN requires that each operator apply for and hold a valid licence based on its specific activities and corporate structure. This means that a licence cannot be transferred to another entity or individual without going through the licensing process again.

However, in certain cases, transfers of ownership or significant changes in company structure (eg, mergers or acquisitions) may be allowed, but these must be reported to the ONJN. If there are changes to the ultimate beneficial owners or the company's directors, these must be disclosed and the ONJN may approve or reject these modifications.

7.3 What requirements and restrictions apply to the different types of gambling facilities in your jurisdiction?

Under local rules, gambling facilities are subject to specific requirements and restrictions based on the type of facility, as follows.

• Land-based gambling facilities:
• • Casinos: Operators must obtain a Class 1 licence and authorisation for each gambling activity. Casinos must:
  • • meet security and infrastructure requirements, including certified gaming equipment and surveillance systems; and
    • comply with operational standards set by the ONJN.
  • Betting shops: These establishments offering fixed-odds/sports betting must meet similar standards as casinos. Each betting location must be registered with the ONJN and operators must ensure that all betting equipment is certified.
  • Slot machine halls: Operators must obtain authorisation for each machine and comply with technical requirements, such as certified gaming equipment. Machines must be registered and their movement must be reported to the ONJN. Location restrictions also apply, such as not operating:
  • • near schools or cultural institutions; or
    • within localities with fewer than 15,000 inhabitants.
• Online gambling:
• • Operators must obtain a Class 1 licence and annual authorisation to operate online platforms. Compliance with the ONJN's technical standards, such as secure IT systems and certified software, is required.
  • Non-Romanian operators must:
  • • establish a permanent establishment in Romania for tax purposes; and
    • appoint an authorised representative.

The following restrictions apply:

• Land-based facilities must avoid operating near sensitive areas such as schools or health institutions.
• Operators must implement measures to:
• • prevent minors from accessing gambling facilities; and
  • ensure age verification.
• Gambling advertising is regulated, with specific restrictions on media and time slots to avoid targeting minors.

8 Penalties and sanctions

8.1 What penalties and sanctions are available to the authorities for breach of the gambling legislation?

In Romania, the authorities – primarily the National Gambling Office (ONJN) – can impose a range of penalties and sanctions for breaches of gambling legislation, as outlined in Government Emergency Ordinance 77/2009 and Government Decision 111/2016. These include administrative, financial and criminal penalties, depending on the nature and severity of the violation.

• Administrative penalties:
• • Fines: Operators can face significant fines for non-compliance, such as failure to:
  • • verify player identities;
    • pay winnings within the legal timeframe; or
    • notify the ONJN about changes in their licensing data.
  • Licence suspension or revocation: The ONJN has the authority to suspend, revoke or cancel gambling licences for violations, including for:
  • • breach of operational conditions; or
    • repeated non-compliance.
• Operational restrictions: The ONJN may impose temporary bans on:
• • specific activities; or
  • the use of unauthorised gambling equipment.
• Financial sanctions: Operators may face confiscation of revenues derived from unlawful gambling activities.
• Criminal penalties:
• • Unlicensed gambling: Operating gambling activities without the required licence constitutes a criminal offence, punishable by imprisonment for up to one year or substantial fines.
  • Player liability: Individuals participating in gambling with unlicensed operators may face fines ranging from RON 5,000 to RON 10,000.
• Investigatory actions: The ONJN can refer criminal cases to relevant authorities for further investigation, ensuring that breaches with broader legal implications are prosecuted appropriately

9 Advertising and marketing of gambling

9.1 What requirements and restrictions apply to the advertising and marketing of physical and remote gambling in your jurisdiction? Do these vary depending on the type or location of the activity, or the medium through which it is carried out?

The advertising of gambling is permitted in Romania but is strictly regulated, with requirements varying based on activity type, location and medium.

General requirements: Advertising materials cannot be placed within or on the boundaries of educational, religious or social-cultural premises. All ads must display:

• details on the prohibition of minors from participation;
• the gambling licence series and number; and
• the National Gambling Office's (ONJM) logo.

Location-based restrictions: Since October 2023, outdoor ads are limited to a maximum size of 35 square metres. The ONJN actively monitors compliance with this requirement and conducts investigations as needed.

Medium-specific restrictions: Television gambling ads are restricted to specific time slots set by the National Audiovisual Council to protect minors (applied in practice between 11:00 pm and 6:00 am). For online advertising, bonus promotions can only appear:

• on operators' websites;
• on licensed affiliate sites; or
• in direct messages sent to active players who have opted in.

Contractual obligations: Since July 2022, operators must notify the ONJN within five working days of signing advertising contracts for the promotion of gambling activities in public spaces or on television. Contracts with sports entities for advertising in stadiums or sports halls are exempt from this requirement.

Advertising fees: A 5% advertising fee applies to audiovisual and outdoor gambling ads, contributing to regulatory enforcement and oversight.

The above rules ensure that gambling advertising:

• is responsible;
• prevents minors from being targeted; and
• complies with the strict standards set by Romanian law.

10 Consumer protection

10.1 What social responsibility obligations apply to land-based and remote gambling operators in your jurisdiction? Do these vary depending on the type or location of the activity, or the medium through which it is carried out?

In Romania, social responsibility obligations for both land-based and remote gambling operators are governed by:

• Government Emergency Ordinance 77/2009; and
• regulations issued by the National Gambling Office (ONJN).

These provisions aim to:

• protect players;
• prevent gambling addiction; and
• promote responsible gambling practices.

Key obligations include player protection measures such as:

• self-exclusion options;
• betting limits; and
• the provision of responsible gambling information.

Operators must also ensure that minors are prohibited from participating in gambling activities. Advertising must:

• avoid targeting minors or presenting gambling as a solution to financial problems;
• promote responsible gambling messages; and
• outline the risks associated with gambling.

Operators are encouraged to develop responsible gambling programmes, including:

• providing staff training to help identify problem gambling behaviours; and
• offering resources for affected players.

They must also comply with data protection laws in order to:

• safeguard players' personal information; and
• ensure privacy and security.

Fairness and transparency are required, with clear information about game rules and odds.

These obligations apply to all licensed gambling operators, regardless of the medium or location. However, remote operators face additional responsibilities, especially related to online security and data protection. All licensed operators must contribute annually to a public body that finances responsible gambling initiatives and addiction prevention programmes. Furthermore, a recent legislative change mandates that business-to-consumer operators restrict access for self-excluded players through a centralised database managed by the ONJN – although this system is still being finalised.

10.2 What other general consumer protection requirements are of relevance for gambling operators in your jurisdiction?

General consumer protection requirements for gambling operators emphasise:

• transparency;
• fairness; and
• player safety.

Operators must ensure that games are conducted transparently, with clear information on rules, odds and charges. Advertising must:

• be truthful;
• avoid targeting minors; and
• include responsible gambling messages.

Measures to protect minors and support responsible gambling, such as self-exclusion options and betting limits, are mandatory for online operators. Operators must also:

• comply with data protection laws to safeguard player information; and
• implement effective systems for resolving consumer complaints promptly.

11 Financial crime

11.1 How does the gambling regime interface with money laundering/terrorist financing/proceeds of crime legislation in your jurisdiction?

In Romania, the gambling regulatory framework integrates strict anti-money laundering (AML) and counter-terrorist financing (CTF) requirements – primarily under Law 129/2019, which implements the EU Fourth and Fifth AML Directives. These requirements are complemented by specific sectoral instructions issued by the National Gambling Office, which became effective in January 2022.

Licensed gambling operators must comply with comprehensive AML obligations, regardless of whether they are land based or online. Key requirements include the following:

• Know your customer: Operators must verify the identity of players, applying standard or enhanced due diligence measures depending on risk factors such as:
• • transaction size; or
  • customer profile.
• Risk management: Operators must:
• • perform risk assessments to identify potential money laundering or terrorist financing threats; and
  • implement proportionate mitigation measures.
• Transaction monitoring: Gambling businesses must monitor and report suspicious transactions to the national AML authority, including:
• • high-value cash transactions; and
  • unusual patterns that deviate from standard gambling activity.
• Data retention: Operators must retain customer and transaction records for at least five years, ensuring availability for regulatory inspections.
• AML training: Designated staff, including money-laundering reporting officers, must receive training to identify and address AML risks effectively.

12 Non-gambling activities/social gambling

12.1 What specific activities, if any, are exempted from the gambling regime in your jurisdiction (eg, prize contests/sweepstakes/free prize draws/e-sports)?

In Romania, certain activities are exempt from the gambling regime as long as they meet specific criteria. For example, promotional contests such as prize contests, sweepstakes and free prize draws are generally not considered gambling, provided that they do not require participants to pay a fee to enter. These activities, which are often used to promote products or services, are exempt from gambling regulations because they do not involve the financial risk or potential gain typically associated with gambling.

It is crucial that these activities are structured in a way that avoids any implication of gambling – for example, the presence of elements such as:

• chance;
• a prize; and
• consideration.

12.2 How is 'social gambling' defined in your jurisdiction and how is it regulated (if at all)?

In Romania, the concept of 'social gambling' is not explicitly defined in current gambling legislation. In this context, 'social gambling' can be interpreted as gambling activities conducted in a non-commercial setting, where there is no participation fee involved.

However, if such activities involve financial stakes, they will fall under the gambling regulations and a licence from the regulator will be required.

13 Disputes and legal enforceability

13.1 Are gambling contracts enforceable as a matter of law?

Under local rules, gambling and betting contracts are governed by the Civil Code, with limited enforceability. Debts arising from such contracts cannot be pursued in court unless the gambling activity is authorised by the competent authority. Voluntary payments cannot be reclaimed, except:

• in case of fraud; or
• if the payer lacked legal capacity.

For bets between participants in sports or skill-based competitions, enforcement is allowed, but the court may reduce excessive sums.

Contracts relating to licensed gambling activities, such as those regulated under Government Emergency Ordinance 77/2009, are enforceable, provided that they comply with applicable laws and licensing requirements.

13.2 In which forums are gambling disputes typically heard in your jurisdiction? What issues do such disputes typically involve?

In Romania, gambling disputes are typically heard in administrative forums or judicial courts, depending on the nature of the issue. Disputes typically revolve around:

• payment issues;
• account suspensions;
• unfair practices; and;
• regulatory non-compliance.

The forums in which such disputes are heard are as follows:

• Administrative forums: Disputes involving compliance with gambling regulations and licensing are primarily handled by the National Gambling Office (ONJN). These may include issues relating to:
• • gambling operator licences;
  • regulatory breaches; or
  • enforcement of the gambling laws.
• For example, the ONJN resolves disputes over:
• • the legality of gambling operations;
  • non-compliance with advertising or responsible gambling requirements; and
  • licensing issues or the imposition of penalties for violations.
• Civil courts: Players and operators may also resort to the civil courts for disputes that cannot be resolved administratively. Common issues in the civil courts include:
• • breach of contract, such as disputes over payments or account suspensions;
  • claims regarding unfair bonus terms or failure to honour promotions; and
  • disputes over the enforcement of winnings or contractual obligations.
• Criminal courts: The criminal courts handle cases involving illegal gambling activities, such as:
• • operating without a licence;
  • fraud; or
  • money laundering.
• These disputes often arise in relation to:
• • unlicensed gambling operations; or
  • criminal activities tied to gambling.

13.3 Have there been any recent cases of note?

One notable example of regulatory sanctions involved the suspension of the licence of an international online operator due to an issue apparently related to the freezing of certain players' accounts without forwarding them for investigation by the authorities. Based on the public information, however, it appears that this suspension was imposed for 48 hours only.

14 Trends and predictions

14.1 How would you describe the current gambling landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Several pieces of legislation that are relevant for the gambling industry are currently pending enactment. These include the following:

• New amendments to the primary gambling law will prohibit land-based gambling halls within 300 pedestrian metres of the following buildings and their designated areas:
• • educational institutions;
  • children's residences; and
  • cultural, health, social and religious establishments.
• Gambling advertising regulations are also being revised. After initially proposing a complete ban, the Senate has introduced amendments that will:
• • prohibit audiovisual gambling ads between 06:00 am and 11:00 pm, with exceptions for graphic inserts during live sports broadcasts;
  • ban endorsements by public, cultural or sporting figures whose influence could encourage gambling;
  • limit outdoor advertising materials to 30 square metres; and
  • require the inclusion of responsible gambling messages in ads, such as: "Family, social life, welfare: are you ready to risk it all?" or "Gambling implies risks of debt, addiction, loneliness."

Additionally, the National Gambling Office (ONJN) is expected to:

• clarify technical measures for business-to-business providers to address unlicensed online platforms targeting Romanian players; and
• create a centralised self-exclusion database that would potentially block players from all licensed operators once they self-exclude from any operator, whether online or land-based. This initiative aims to promote responsible gambling by preventing players from bypassing self-exclusion measures.

15 Tips and traps

15.1 What are your top tips for gambling operators in your jurisdiction and what potential sticking points would you highlight?

The most important advice for any gambling operator considering entering the Romanian market is that the local regulations are quite complex and strict compliance is paramount; otherwise, the National Gambling Office may be forced to impose sanctions (as has happened in practice in recent years). In addition, advertising is a hot topic, so operators should:

• carefully consider their advertising/media plans;
• ensure compliance with applicable restrictions; and
• be prepared to swiftly respond to any legislative changes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.