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 includes also those products meeting the above characteristics, but where the result is determined without the involvement of the operator, even if such result is not randomly generated (e.g. sports betting on real events).

The conditions under which the organisation and operation of games of chance are permitted in Romania are outlined in the following normative acts:

• Government Emergency Ordinance No 77/2009 on the organisation and operation of games of chance (GEO 77/2009) – this piece of regulation represents the primary gambling legislation in Romania which highlights the main licensing requirements, defines the category of gambling for which a license may be obtained, lists the sanctions for infringement of the regulation etc.
• Government Decision No 111/2016 for the approval of the methodological norms for the implementation of Government Emergency Ordinance No 77/2009 on the organisation and operation of games of chance (GD 111/2016) – this represents the secondary gambling legislation which further details the licensing and operational requirements applicable for all categories of games of chance defined in the primary legislation;
• Government Emergency Ordinance No 20/2013 on the establishment, organisation and functioning of the National Gambling Office – this piece of legislation regulates the main attributions of the Romanian gambling regulator.

Gambling activities are also regulated by means of instructions, orders or decisions issued by the National Gambling Office 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.

Moreover, certain requirements in the AML field are also applicable to gambling activities, and were initially contained in Law 129/2019, which implements the Fourth and Fifth AML Directives. The gambling regulator also issued sectorial norms/instructions clarifying how the AML regime must be implemented specifically in the field of gambling.

The National Gambling Office (ONJN) is the public authority competent to supervise and control the Romanian gambling market and to grant licences and authorisations to gambling operators.

a) What is the duration of a licence?

The standard duration of the license is 10 years, with the exception of temporary licenses granted for limited products (e.g. land-based gambling on leisure crafts) which are valid for 3 months.

The standard duration of a gambling authorization is 1 year (and this must be renewed on annual basis as long as the license is valid)

b) What types of licences are available?

Romanian legislation regulates the following types of licences.

• Class 1 licence and related authorisation(s) – these are the permits that must be obtained by a B2C operator 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 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 ONJN has issued Class 2 licences are as follows:

a) 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);

b) software providers;

c) providers of platform management and hosting services;

d) providers of live casino streaming services;

e) certification laboratories, auditors and conformity assessment bodies;

f) payment processors

g) marketing affiliates

h) data centres for the safe and mirror servers placed in Romania and used by online operators

• Class 3 licence – this licence 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.

c) Are there different types of licences for B2C and B2B operators?

Yes, B2C operators need to acquire a Class 1 license and authorization, while specialized B2B providers need to acquire one (or more, if needed) Class 2 licenses.

d) Do software suppliers need to be licensed?

Yes, suppliers of specialized gambling software need to obtain a Class 2 license in order to develop and/or supply their products for the Romanian market.

The Romanian legislation stipulates that the following products are prohibited and the organization of such activities may trigger criminal liability:

• fraudulent games of chance;
• games of chance through radio channels or through other assimilated transmission means;
• games of chance based on the results of clandestine competitions, such as dog fighting or illegal car racing;
• clandestine games of chance, where the results of the game are influenced by the skill of the person operating the game for the purpose of obtaining revenues, rather than being random; and
• competition games with winnings of any type – offered through telephone lines or other communication systems, television or radio – where the granting of prizes is based solely on the accuracy of the answers provided to general questions, which involve a participation fee.

Eligibility

As a core rule, only operators based in Romania or by exemption in the EU, EEA or Swiss Confederation may apply for a B2C licence and authorisation. Should the operator be based in the EU, EEA or Swiss Confederation, the company must register in Romania a permanent establishment for tax purposes in Romania as a requirement for obtaining the license and authorisation.

Land-based operations

In order to perform land-based gambling activities, a gambling operator must obtain a Class 1 licence and one or several authorisations. While the licensing procedure is not product-specific, the authorisation must be obtained for each type of gambling activity intended to be performed.

In order to obtain the licence, the operator must submit an application request along with several corporate and operational documents related to the legal entity itself, as well as its directors and shareholders. Such documentation includes criminal record checks for each director and shareholder, and affidavits given by the director(s) disclosing, among other aspects, the ultimate beneficial owner of the company (a 25% shareholding being the relevant threshold for an ultimate beneficial owner).

The authorisation can be obtained by an operator that has previously been granted a Class 1 licence. The regulation allows an operator to submit licence and authorisation applications at the same time, provided that the necessary conditions are fulfilled for each of these. The conditions for obtaining the authorisation vary in accordance with the type of gambling activity sought to be performed, and refer to operational aspects (eg, the game rules for each game offered to the players and the configuration of the gambling premises) and technical requirements (eg, the certification of the gambling equipment or the development of the reporting solution to the ONJN of the aggregated financial and operational data).

Online operations

To a certain extent, the licensing and authorisation requirements for land-based gambling also apply to online activities; the observations mentioned above regarding the documentation for directors and shareholders are also applicable in connection with an online licence.

However, while authorisation must be obtained for each type of activity (or machine, as the case may be) in land-based gambling, in the case of online gambling, only one authorisation needs to be obtained for all the activities conducted on the same gambling platform (which can be connected to one or several internet domain names).

Other particular conditions applicable to an operator applying for a licence and authorisation to perform online gambling relate mainly to technical and operational requirements.

Thus, the applicant is required to have its entire IT system audited by a specialised testing laboratory that holds a Class 2 licence, while the gambling software must be certified by a Class 2 licensed certifier, as must the random number generator and return-to-player percentage for each game. In terms of the necessary infrastructure, if the main gaming server is not located in Romania, the operator must establish safe and mirror servers in Romania in order for the ONJN to be able to monitor the activity related to the Romanian market and verify any incidents that occur.

On the operational side, among other requirements, operators that are not Romanian-based companies are required to appoint an authorised representative (a Romanian legal or natural person) to act as the representative of the operator before the Romanian state authorities.

Timing

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 from the date 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 the initial 30-day timeframe provided by the law.

Application Fees

The legislative framework imposes the obligation to pay an administrative fee of EUR 600 for the review of the licensing documentation and EUR 250 for the review of authorisation documentation for land-based games of chance.

For an online licence, the applicant is required to pay an administrative fee of EUR3,500 for the review of the licensing documentation.

Both land-based and online operators are also required to pay a EUR10,500 fee for the issuance of the licence.

The legislation does not provide for a personal licence requirement for individuals holding specific positions within a gambling operator. There are, however, certain requirements for the licensing process that refer, in particular, to the directors and shareholders of the applying entity (e.g., criminal record checks, affidavits disclosing, among other things, the ultimate beneficial owners).

Gambling advertising is permitted in Romania, but is quite heavily limited/regulated. Among the restrictions applicable to gambling advertising, the following are worth noting:

• Advertising materials cannot be placed within or on the boundaries of educational, religious or social-cultural premises and must depict the following, in a visible manner: (i)minors’ interdiction from participating in gambling, shown through visual signs; (ii)the series and number of the relevant gambling licence; and (iii)the ONJN logo.
• Following the amendments enacted on 6 October 2023, outdoor advertising is now limited to a maximum dimension of 35 square meters/billboard/ advertising material. ONJN also conducted investigations in this respect after the entry into force of the new requirement.
• The advertising of bonuses offered by online operators may be shown only on limited channels; namely, on the operator’s website, on the websites of its licensed affiliates or via e-messages sent to active players who have opted in to receiving this type of commercial communication.
• The National Audiovisual Council has issued a generic decision in which television advertising for gambling should be broadcast only during restricted time slots to observe the principle of protecting minors in the audiovisual sector.
• Since July 2022, amendments made to the gambling legislation have imposed an obligation for gambling operators to notify the ONJN of advertising contracts for the promotion of gambling brands, platforms, applications or activities through the placement of advertising messages in localities and on public roads or using a television service, within five working days of the date of signing the contract. Contracts concluded with sports entities or federations for advertising in stadiums or sports halls are not subject to this requirement. Furthermore, a 5 per cent advertising fee must be paid on all audiovisual and outdoor advertising.

Yes, marketing affiliates are expressly regulated under the law and a Class 2 license is required for those affiliates that obtain revenues ”based on the participation to gambling” of players redirected from the affiliate’s websites to the websites of the B2C operators.

In principle, failure to observe the legal requirements in the field of gambling may lead to civil, administrative or criminal sanctions.

Administrative Liability

By way of example, administrative liability may be triggered when:

• the operator of land-based gambling activities allows individuals to participate in games of chance without having valid identity documents in their possession;
• the gambling operator, without a distinction being made between land-based and online activities, does not pay the participants the winnings obtained from their gambling within three business days, provided that the conditions imposed on the participant in relation to the proof of winnings are fulfilled; or
• the gambling operator, without a distinction being made between land-based and online activities, fails to notify the ONJN, within a certain deadline, about any significant modifications that have occurred to the data on the basis of which the licence and authorisation were granted.

Failure by a gambling operator to comply with the legal requirements can also lead to the suspension or revocation of its licence by the ONJN.

Criminal Liability

Operating games of chance without having been granted the required licence and authorisation constitutes a criminal offence and shall be punished with a term of imprisonment from one month to one year, or with a fine. Additional sanctions applicable for the criminal offence of unlicensed gambling are that the gambling operator will be dissolved, and the amounts derived from the unlawful activity will be confiscated.

Liability for Players

With respect to players, according to GEO 77/2009, any individual in Romania who participates in online gambling operated by an unlicensed or unauthorised operator will face administrative fines ranging from RON 5,000 to RON10,000 (approximately EUR 1,000 to EUR 2,000), thus triggering the administrative (but not criminal) liability of the player.

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

• Any changes to the terms and conditions for online platforms or to the game rules must be approved in advance by 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 ONJN;
• Any (significant) change to the licensing data must be reported within maximum 5 business days;
• Revenues must be reported on a monthly basis and it is quite frequent in practice for 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 specialized suppliers that hold a Class 2 license and in the same vein 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 authorization renewed.

Romania has implemented the Fourth and Fifth AML Directives, through Law 129/2019. At the end of 2021, after considerable delay, the gambling regulator issued the sectoral norms/instructions clarifying how the AML regime must be implemented in the field of gambling, and these came into force in January 2022.

The AML instructions brought clarifications regarding the subjects of the AML regime, which applies to all operators licensed in Romania, irrespective of their country of incorporation.

Furthermore, the AML instructions provide particular obligations for licensed operators in the field of gambling, as well as extensive requirements to conduct risk management, to perform standard or enhanced KYC in certain scenarios, to implement data retention obligations, to report mechanisms to the AML authority, or to appoint and train personnel qualified in the area of AML (Money Laundering Reporting Officers, or MLROs).

The gambling regulatory framework is focused on protecting minors and preventing their access to gambling, as well as ensuring the integrity and transparency of gambling activities and maintaining a fair game system that is constantly supervised.

All entities that are involved in the gambling industry and hold a licence granted by the Romanian regulator (both land-based and online operators, as well as licensed B2B providers) are required, pursuant to GEO 77/2009, to pay an annual responsible gambling contribution to a public body, the main purpose of which is to finance programmes and activities aimed at ensuring a responsible gambling environment and preventing gambling addiction.

Furthermore, following a recent legislative change, all B2C operators should prohibit access to gambling to self-excluded or undesirable players that are included in a centralized database created by the regulator (this database has still not been finalized, but ONJN is currently sharing lists with self-excluded players to certain operators licensed in Romania).

The legislation stipulates that any significant change to the initial licensing data provided by a B2C operator or B2B supplier must be notified to ONJN within maximum 5 business days. Theoretically, information about the direct shareholders should be included in the licensing file for all B2C operators and B2B providers. In the same time, B2C operators and certain B2B providers (e.g. software suppliers) must disclose the initial file also the identity of the ultimate beneficial owners (UBOs) where the threshold is more than 25% equity.

Therefore, changes to the direct shareholders or UBOs (where such UBO was required to be disclosed) should be notified to ONJN by the applicable deadline.

Depending on the type and severity of the breach, the ONJN has the power to suspend, revoke or even cancel gambling licences. Furthermore, the gambling regulator also has the competence to apply administrative fines if an operator infringes the 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.

Taxes owed by licensed operators and providers

In October 2023 the taxes owed by licensed B2C operators and B2B providers have been significantly increased. Thus, the most notable changes which are in force since October 2023 include the following.

• The authorisation tax for online gambling has decreased from 23% of the gross gaming revenue (GGR) to 21%. It must be noted that the legislation provided for a minimum annual authorisation tax of EUR120,000 which has been increased to EUR400,000.
• By comparison to the online sector, the authorisation tax for land-based fixed-odds betting increased from 18% to 21% of the GGR. It must be noted that the legislation provided for a minimum annual authorisation tax of EUR100,000 which has been increased to EUR200,000.
• The annual licence tax for online gambling, before the legislative changes, ranged from EUR15,600/year (if the annual turnover was less than EUR500,000) to EUR312,000/year (if the annual turnover exceeded EUR10 million). After the changes, the licence tax has been levelled to EUR300,000/year, irrespective of the level of the turnover.
• The annual licence fee for Class 2 licensed B2B providers has increased from EUR9,500/year to EUR20,000/year. In addition, the regulator also requires B2B licensees to pay an administrative tax for the issuance of the licence in the amount of EUR10,500, as compared to the previous level of this tax, EUR9,500 (not as an annual payment, but only at licensing stage).
• The annual authorisation tax for land-based slot-machine gambling increased from EUR4,600/machine to EUR5,300/machine. It is important to emphasise that slot machines are the most popular form of land-based gambling in Romania (estimates suggest that more than 70,000 machines are operated in the market) and that an operator must have at least 75 authorised slot machines in order to maintain the validity of its licence.
• The administrative tax of EUR150 for the analysis of documentation related to the integration or recertification of new online games has been increased to EUR 250. While the amount of this new tax is not significant in value, it must be noted that, under the law, any new online game intended to be offered in Romania must receive prior approval from the regulator. This administrative tax is not, however, owed per individual game, but for each individual approval request submitted by an operator (and a single request can technically include hundreds of games).
• The level of the guarantees for covering the risk of non-payment of taxes due to the state budget has been significantly increased (in some cases, the level of the guarantee level is 50 times higher than the previous requirement), as per the below:
• For land-based gambling (except casinos), the level of the guarantee for 2024 is determined as follows: (i) EUR500,000 where the value of the GGR does not exceed EUR5,000,000 / year, (ii) EUR800,000 where the value of the GGR is anywhere between EUR5,000,001 and EUR 20,000,000 / year, and (iii) EUR1,000,000 where the value of the GGR exceeds EUR20,000,001. Starting 1st January 2025, the level of the guarantee is EUR1,000,000, irrespective of the value of the GGR. For land-based casinos, the level of the guarantee is set to EUR 3,000,000. The previous form provided for a different method of calculating the guarantees for land-based gambling based on each gambling activity. By way of example, the maximum level of guarantee could not exceed EUR60,000 for slot machines, EUR175,000 for casinos, EUR7,000 for bingo games, or EUR100,000 for fixed-odds betting,
• For online gambling (except casino activities), the level of the guarantee for 2024 is determined as follows: (i) EUR500,000 where the value of the GGR does not exceed EUR5,000,000 / year, (ii) EUR1,000,000 where the value of the GGR is anywhere between EUR5,000,001 and EUR 20,000,000 / year, and (iii) EUR2,000,000 where the value of the GGR exceeds EUR20,000,001. Starting 1st January 2025, the level of the guarantee is EUR2,000,000, irrespective of the value of the GGR. For online casino activities, the level of the guarantee for 2024 is determined as follows: (i) EUR1,000,000 where the value of the GGR does not exceed EUR5,000,000 / year, (ii) EUR2,000,000 where the value of the GGR is anywhere between EUR5,000,001 and EUR 20,000,000 / year, and (iii) EUR5,000,000 where the value of the GGR exceeds EUR20,000,001. Starting 1st January 2025, the level of the guarantee is EUR5,000,000, irrespective of the value of the GGR. The previous form provided for a different method of calculating the guaranteed for online gambling based on each gambling activity. By way of example, the level of the guarantee was set to EUR100,000 for online fixed-odds betting, mutual betting or exchange betting, to EUR100,000 for online bingo and keno games, EUR 100,000 for online casino activities, or EUR100,000 for online tombola.

Players’ tax on gambling income

Starting 1 August 2022, the taxes on gambling income obtained by players from most of the categories of games of chance are as follows:

• for revenues up to RON10,000 (approximately EUR2,000), the tax is 3%;
• for revenues ranging from RON10,000 to RON66,750 (approximately EUR13,000), the tax is 20% (calculated on the amount exceeding RON10,000); and
• for revenues exceeding RON66,750, the tax is 40% (as per the current regime, in this case, a player must pay tax of RON11,650 plus 40% on the amount that exceeds RON66,750).

Withholding tax

It is worth pointing out that in the case of online gambling, the Fiscal Code has already imposed a withholding tax mechanism applicable whenever the player makes a withdrawal from their game account to their bank account (or other withdrawal method). Hence, at each withdrawal from the online platform, operators must apply the above taxation thresholds.

Tax exemption

It is also worth noting that for certain categories of land-based gambling (ie, casinos, slot-machine halls, scratch cards organised by the National Lottery and poker clubs) players still benefit from a tax exemption that is applicable to revenues that do not exceed RON66,750 (approximately EUR13,000).

National Cultural Fund tax

In November 2022, via a law that amended the legislation in the field of cultural activities, the Romanian parliament also introduced a new payment obligation in the form of a contribution to the National Cultural Fund. This contribution amounts to 0.5% of the revenues obtained by “economic operators in the field of gambling”.

At the time of enacting, it was still unclear who are the “economic operators in the field of gambling” and what “revenues” means in the context of this new payment obligation. Later, through the implementing legislation, the two notions have been clarified. Thus, the obligation applies to B2C organizers and the 0.5% applies to the value of the GGR.

5% Advertising tax

Starting with July 2022, B2C online operators must pay a 5% tax for advertising services performed via TV or OOH.

Responsible gambling contribution

Starting with October 2023, the responsible gambling contribution for B2C online operators increased from EUR 5,000 / year to EUR 500,000 / year, while B2B operators increased from EUR 1,000 / year to EUR 15,000 / year.

2% deposit tax

Online B2C operators must also pay a 2% tax on the deposits made by the players on the online platforms every month.

Other general taxes

Apart from the gambling specific fees, B2C operators (as well as B2B providers established in Romania or which have a permanent establishment in Romania) must pay also corporate tax which in principle amounts to 16% from the profits allocated to Romania.

In addition, operators might be required to pay certain local taxes for OOH advertising (which may defer from one area to another) and furthermore there is currently under discussion where gambling operators having a turnover exceeding EUR 50M/year must pay an additional tax of 1% at the level of the turnover.

At the time of writing (October 2024), several pieces of legislation that are relevant for the gambling industry are pending enactment. These include:

• a legislative proposal to modify the primary gambling legislation to ban the location of land-based gambling halls in the less than 300 pedestrian meters of educational establishment, including its campuses, places of residence for children, cultural, health, social, religious and other such establishments or in the defined area intended for them;
• one legislative proposal on advertising for games of chance, which initially sought a complete ban on gambling advertising in Romania (including TV/radio and online) was adopted by the Senate with amendments, the most important being: (i) audiovisual commercial communication for gambling activities be prohibited between 06:00 and 23:00, with the exception of graphic inserts, displayed during live sports broadcasts, (ii) interdiction of audiovisual commercial communication be presented or recommended by public, cultural, scientific or sports personalities or other persons who, due to their celebrity, may encourage gambling and sports betting activities, and (iii) any outdoor advertising material be limited to 30 square meters; and
• one legislative proposal on advertising for games of chance which states that, among others, gambling advertising will only be allowed if accompanied by the following alternative messages: (i) Family, social life, welfare: are you ready to risk it all? or (ii) Gambling implies risks of debt, addiction, loneliness and if should not directly or indirectly encourage minors and adolescents to participate in gambling;
• one draft order to be issued by ONJN meant to clarify the technical measures to be implemented by licensed B2B providers against online gambling platforms that are not licensed in Romania.

In the next 12-23 months, it is expected that, among others, the following regulatory developments will occur:

• ONJN is expected to create a centralized database at the level of the entire market for self-excluded players. The logic of this database should be that once a player decides to self-exclude from a certain operator (irrespective if is an online or land-based operator) he/she will be blocked to play from all other licensed operators as long as he/she appears in the database;
• ONJN is expected to issue an order clarifying what (technical) measures licensed B2B providers should implement in relation to those online operators that do not have a Romanian license but which allow players from Romania or Romanian citizens on their platforms.

The most significant factor which may impact the growth the gambling market lies perhaps in the increased  gambling-related fees (especially in terms of the tax-related guarantees) which for certain companies may create a blocker for accessing the market.

There are several advantages supporting the conclusion that Romania is still a go-to jurisdiction for gambling companies. As highlights:

• Romania has one of the highest ratio of slot machines/1,000 inhabitants from all European countries;
• The legislation specifically allows land-based operators to act as payment processors for online operators so players can deposit/withdraw funds into/from the online account via the gaming halls. This specific structure allowed by the law permits a smooth migration of players to the online field;
• Several renowned international brands are blacklisted in Romania (and may continue to appear on the blacklist for several more years) so there is a considerable market opportunity from this perspective.