Online gaming, new concessions under the tax reform in force

Structural fight against illegal gaming, based on stringent requirements for concessionaires, protocols approved by Adm, strengthening of the perception of legality by players, and a more solid legal network as the first safeguard against irregular circuits. These are the principles on which the reform of the online gaming is based, and endorsed by the Association of Concessionary Gaming (Agic), which groups together under Confindustria 70% of public gaming. In mid-November, Agic recalls, legislative decree no. 41/2024 officially came into force, forming the legal basis of the reorganisation of remote public gaming implemented by the Customs and Monopolies Agency (Adm). With the start of the reform, a regulatory architecture that has accompanied the development of online gambling for over a decade comes to an end, inaugurating a more modern, stringent system oriented towards consumer protection and the fight against illegality.

Over the years, Agic member companies have anticipated this change, investing in new technologies, systems for the prevention of pathological gaming, advanced control tools and anti-money laundering procedures, thanks also to the constant support and comparison with the Agency. The online gaming reform, which was approved in March 2024 and is now fully operational, reinforces the principles adopted by Agic by introducing stricter technical, organisational and IT requirements for all concessionaires.

The reform grounded within the 'Leo Reform' on the new taxation was designed to raise the quality and security of the sector. Not only that. As Agic recalls, it restricts access to concessions to those with financial solidity, an adequate structure, and a proven ability to oversee crucial areas such as compliance, consumer protection, anti-money laundering, and IT resilience. In addition, concessionaires will be obliged to adopt a series of measures, introduced by Legislative Decree 41, to protect players and prevent risks.

It is a package of measures aimed precisely at protecting players and called for by the public online gaming concessionaire companies themselves. These include self-limitation of gambling by the player, relating to time, expenditure and maximum loss amounts. There are also limitations based on the amounts deposited according to the player's age and gaming behaviour, according to protocols based on international best practices and approved by Adm. For those more distracted by the game, there will be automatic messages during real-time play on session duration and spending level, with warnings when pre-set thresholds are exceeded. There will also be mandatory content on problem gaming, protection tools and support paths, as well as tools for self-exclusion from gaming, including for individual product categories or easily accessible contact channels for players. The risk levels associated with individual games will be subject to specific monitoring procedures. Tools that can allow the concessionaire to more effectively monitor the players most exposed to the risk of pathological gaming will also be strengthened, in full compliance with personal data protection regulations.

On the front of the fight against illegality, as recently noted also by the dossier produced by Libera, Agic had already launched a strong alarm signal in September, highlighting how illegal gaming today robs the State of about 2 billion euros a year, fuelling an underground economy that favours money laundering and other criminal phenomena. Agic's commitment in the fight against illegality 'is concrete, ongoing, and aimed not only at protecting the sector, but above all at protecting the player'. Data in Agic's possession show that about one fifth of players use illegal channels and that 14 per cent do so unknowingly, not distinguishing between authorised and unauthorised operators. This lack of awareness generates a strong distortion in the perception of risk: players who use illegal sites or frequent unlicensed physical outlets tend to underestimate the dangers, while those who consciously use state-licensed dealers, even verifying their legality, show greater attention to the impacts of unregulated gaming.