Last reviewed: 30/04/2024

Applicable Regulations

a) Administrative Regulations due to its affiliation with the Public Sector:

SELAE, being a commercial company wholly owned by the General State Administration, is governed by Title VII of Law 33/2003, of November 3, on the Heritage of Public Administrations and by private legal standards, except in matters where budgetary, accounting, financial control, and procurement regulations apply.

SELAE is, therefore, subject to the relevant administrative regulations, including, but not limited to, the following norms:

  • Certain provisions of the General State Budget Laws of each year, including those related to the recruitment of personnel for public commercial companies.
  • Certain provisions of Law 47/2003, of November 26, General Budgetary Law affecting state commercial companies.
  • Law 9/2017, of November 8, on Public Sector Contracts, which transposes into Spanish law the directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU of February 26, 2014, concerning public sector entities that do not have the status of contracting authority.
  • Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
  • Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
  • Law 19/2013, of December 9, on transparency, access to public information, and good governance.

 

b) Gambling Regulations (regulation of gambling, licenses, authorizations, registers, commercial communications related to gambling activity, and responsible gambling affecting the society’s activities):

As an operator designated for the commercialization of lottery games and holder of several general and specific gambling licenses, SELAE is subject to sector-specific gambling regulations, including, mainly, by way of example:

  • Law 13/2011, of May 27, on the Regulation of Gambling, which regulates gambling activities in its various forms developed at the national level.
  • Royal Decree 1614/2011, of November 14, which implements Law 13/2011, of May 27, on the Regulation of Gambling, concerning licenses, authorizations, and gambling registers.
  • Royal Decree 1613/2011, of November 14, which implements Law 13/2011, of May 27, on the Regulation of Gambling, concerning technical requirements for gambling activities.
  • Royal Decree 958/2020, of November 3, on commercial communications related to gambling activities.
  • Royal Decree 176/2023, of March 14, which develops safer gambling environments.
  • Order HAC/204/2020, of January 23, authorizing SELAE, State Lotteries and Betting Company, SME, S.A., to organize and operate lottery games in the Principality of Andorra.

 

c) Other Regulations Affecting the Society’s Activities as a Private Entity:

  • Audiovisual

    Law 13/2022, of March 31, General Audiovisual Communication Law, affecting the Society’s advertising and programs.

  • Information Society Services and E-Commerce

    The website www.loteriasyapuestas.es, operated by SELAE, as well as the information society and e-commerce services (electronic contracting) provided by SELAE, must comply with the provisions of Law 34/2002, of July 11, on Information Society Services and E-Commerce.

  • Competition

    SELAE is subject to community and Spanish competition defense norms (particularly Articles 101 and 102 of the Treaty on the Functioning of the European Union and Articles 1 and 2 of Law 15/2007, on Competition Defense).

  • Anti-Money Laundering and Counter-Terrorist Financing

    SELAE, as an entity responsible for managing, operating, and commercializing lotteries or other gambling activities, is considered a "obliged subject" under Law 10/2010, of April 18, on the prevention of money laundering and terrorist financing within the scope provided by that law.

  • Criminal Code

    Organic Law 10/1995, of November 23, the Criminal Code, as amended by Organic Law 5/2010, of June 22, which introduced criminal liability for legal entities for the first time.

  • Data Protection

    Organic Law 3/2018 of December 5, on Personal Data Protection and Guarantee of Digital Rights, is applicable to SELAE.

  • Equality

    Organic Law 3/2007, of March 22, for Effective Equality between Women and Men aims to ensure the right to equal treatment and opportunities between women and men.