gaming licence Archives - Pavel, Margarit and Associates

New Rules for ONJN and Gambling Operators in Romania: Integrity, Additional Obligations and Stricter Control The Romanian government adopted, through Law no. 141/2025, a comprehensive set of fiscal and regulatory amendments applicable to the gambling industry in Romania and online gambling in Romania. Package 2 of Fiscal Measures introduces important changes for gambling operators, strengthening the supervisory role of the National Gambling Office (ONJN) and modifying the obligations of its staff, including mandatory courses for employees to enhance regulatory compliance. In addition, key amendments entered into force on August 1, 2025, targeting taxation, prevention of fraud, protection of each user, and ensuring clear terms and conditions for all casino operators and other gambling platforms. Changes Proposed by Package 2 of Measures – New Obligations for ONJN Staff The law explicitly states that the National Gambling Office (ONJN) “ensures compliance with legal provisions applicable in the sector, including by issuing mandatory orders for operators and suppliers, with immediate effect.” This reinforces ONJN's authority as both a regulatory and gambling lawyer enforcement body with high autonomy. ONJN now gains additional inspection and control competencies, being responsible for continuous supervision of compliance with terms and conditions under which licenses are issued. Inspectors may carry out unannounced inspections at the premises of licensed economic operators and directly request data and documents necessary to verify the legality of activities. In case of serious irregularities, ONJN inspectors may suspend activities until deficiencies are remedied or apply the sanction of license revocation. These powers allow ONJN to impose immediate prohibitions and protect users and each natural person from risks associated with non-compliant operators. ONJN is also required to monitor compliance with rules protecting minors, preventing fraud, and verifying the awarding of prizes and winnings. This transforms ONJN into a guarantor of fairness and transparency in the gaming industry in Romania and online gaming in Romania. Additional Obligations for Economic Operators Holding Class II (B2B) Licenses Class II operators provide services to Class I operators without direct interaction with users. They must report monthly to ONJN about access, blocks, and prohibited domains, and implement technical measures restricting access from Romania to unlicensed gambling platforms. Operators and suppliers must prevent fraud, comply with ONJN’s terms and conditions, and may face license revocation or criminal liability for violations. Geo-blocking and domain monitoring are required to ensure users cannot access unauthorized online gambling in Romania. This regulation highlights the essential role of B2B suppliers in maintaining the integrity of the gaming industry in Romania, protecting each natural person, and ensuring compliance with rules for awarding prizes and winnings on gambling platforms. Class I Operators (B2C) – New Rules and Restrictions on Activity in Romania Class I (B2C) operators organize gambling activities and offer them directly to users, including online gaming in Romania, slot-machine halls, casinos, and betting agencies. They manage prizes, winnings, and set odds. Law no. 141/2025 prohibits contracts facilitating access to unlicensed gambling platforms and requires gaming devices to have a QR code issued by ONJN. These measures protect minors, limit fraud, and ensure adherence to terms and conditions, enhancing transparency and trust in the regulated gaming industry in Romania. Gambling in Public Spaces – New Restrictions and Operating Conditions Article 62 restricts access to unlicensed gambling platforms in public spaces, including online gambling in Romania, and users cannot override these restrictions. Allowing access by a third-party natural person constitutes a violation and strengthens the prohibition framework, protecting minors. Thus, public access is strictly regulated, and facilitating access by a third-party natural person constitutes a serious violation. This establishes a firm prohibition on accessing gambling content in places where minors could be present. New Types of Fraudulent Activities – How Operators and Players are Sanctioned Law no. 141/2025 introduces the notion of “fraudulent participation in remote gambling” and “facilitating fraudulent access to such games.” It specifies that “a natural person participating in unlicensed remote gambling constitutes a contravention, punishable by fines.” Furthermore, “contracting by suppliers with unauthorized operators constitutes a criminal offense, subject to imprisonment or penal fines, as well as license revocation.” This framework combats fraud at both operator and user levels. The law introduces “fraudulent participation in remote gambling” and “facilitating fraudulent access.” A natural person participating in unlicensed online gaming in Romania constitutes a contravention. Contracting with unauthorized operators constitutes a criminal offense, punishable by fines, imprisonment, or revocation of gambling licences. This combats fraud at both operator and user levels. ONJN’s Competence to Issue Orders – Strengthening Supervisory Powers Under the new provisions, “orders issued by the National Gambling Office (ONJN) against unlicensed operators are legally enforceable and must be complied with within five hours of notification.” This grants ONJN unprecedented authority in combating illegal platforms, obliging search engines and social networks to remove links to unauthorized gambling sites. ONJN thus becomes an active enforcer of prohibitions beyond administrative sanctions. Orders issued by ONJN against unlicensed gambling operators are legally enforceable within five hours. ONJN can require search engines and social networks to remove links, acting as a regulatory and gambling lawyer for enforcement. New Offenses and Contraventions in the Gambling Sector The law stipulates that “providing financial or material rewards to a natural person to facilitate access to unlicensed remote gambling platforms constitutes a criminal offense.” Similarly, “participation of a natural person in such platforms is a contravention and is sanctioned accordingly.” This ensures that both users and operators face stricter penalties, while arbitration mechanisms are limited, leaving ONJN as the ultimate authority. Providing material or financial rewards to a natural person to access unlicensed gambling platforms constitutes a criminal offense. Participation in such platforms is a contravention. This ensures both users and operators face penalties, while arbitration is limited, leaving ONJN as the ultimate authority. The New Taxation Framework for Class I Licensed Economic Operators Law no. 141/2025 explicitly regulates: “The license fee for remote gambling activities is 30% of revenues, not less than a minimum annual amount.” For slot-machines, a fixed fee applies per device, and for fixed-odds bets, a percentage of revenues is imposed. These measures aim to increase fiscal collection from gambling, directly affecting the activity of operators and associated suppliers. Higher Taxation for Players – The Impact on the Market and Consumers Regarding users taxation, Law no. 141/2025 amends Article 110 of the Tax Code, establishing that winnings from gambling are taxed according to the amount of prizes obtained. Progressive rates and fixed amounts apply to different income thresholds, ensuring that tax liability for each natural person increases with the value of winnings. This directly impacts user participation and influences how casino operators and online gambling platforms manage activities while complying with fiscal regulations. “Given the new obligations imposed on Class I and Class II suppliers, along with strict requirements for reporting, implementing access restriction measures, and adherence to terms and conditions, all entities involved in the gambling market must pay heightened attention to legal compliance. Failure to comply may result in license revocation, criminal or administrative sanctions, and restriction of access to the regulated gambling market,” stated Dr. Radu Pavel, gambling lawyer. The Romanian Law Firm Pavel, Mărgărit & Associates provides specialized legal assistance for operators and suppliers in the gambling sector, including licensing, compliance with legal obligations, drafting and reviewing terms and conditions, reporting to the National Gambling Office (ONJN), and resolving disputes. Our team of gambling lawyers and gaming attorneys can support clients in ensuring full compliance with the law, preventing fraud, respecting prohibitions, and avoiding legal risks in interactions with ONJN and other competent authorities. Don't navigate these challenges alone. Contact Us today for expert assistance tailored to your needs. Contact Us With the adoption of Law no. 141/2025, Romania introduced a stricter framework for the entire gambling industry. ONJN is reinforced, taxation is more burdensome, and the sanctioning regime now applies to operators, suppliers, and even each user. Provisions such as “orders are legally enforceable and must be complied with within five hours” or the taxation of winnings for each natural person send a clear message: the market must operate within a transparent and rigorous legal framework, and any fraud, violation, or attempt to bypass prohibitions will be severely sanctioned. This transformation will have direct consequences on casino operators, online gambling platforms, and every natural person participating in gambling activities, increasing the need for compliance and consultation with a gambling lawyer to understand obligations and mitigate legal risks. Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2024, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2024 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.

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Package 2 of Fiscal Measures and the Gambling Legislation Changes Entered into Force on August 1, 2025 in Romania