Legal analysis by Marina Villanueva and Gonzalo Cantero, Asensi Abogados
(Published as part of a Report by the Blockchain Game Alliance – BGA)
Our colleagues Marina Villanueva and Gonzalo Cantero analyse how Spanish gambling law applies to Web3 games, cryptoassets and NFTs.
Under Law 13/2011, blockchain is legally neutral. A game only becomes “gambling” if it fits the generic definition of juego de azar in Law 13/2011, regardless of whether it runs on-chain or off chain.
The DGOJ has distilled this into three cumulative elements for the law to apply: payment to participate,
randomness in determining the result, and a prize that is transferred to the winning participant.
If these conditions are fulfilled and the activity targets Spain on a nationwide basis, a Spanish gambling licence is required — regardless of whether payments are made in euros, in-game currency, tokens or NFTs.
The analysis also highlights the regulatory treatment of loot boxes, which may qualify as gambling when they involve paid activation, random rewards and monetisable prizes. In Web3 environments, secondary markets, NFT trading and token liquidity can reinforce the “economic value” element, increasing regulatory exposure.
In addition, Spain’s upcoming legislation on the protection of minors in digital environments further tightens the framework for random reward mechanisms.
Read the full article here:
Full report:
