National Lottery Loses Edge as Belgian Court Cracks Down on Gambling Exemptions

The case was brought forward by private gambling operators, who argued that the National Lottery should be subject to the same regulatory framework as licensed competitors. Specifically, they challenged its exemption from the EPIS self-exclusion system (a system designed to prevent individuals with gambling issues from accessing betting services) and from the higher minimum gambling age of 21 applied to other operators.

The Court delivered a nuanced decision. While it upheld the exemption for physical lottery products such as scratch cards—on the basis that they are generally less addictive—it ruled that online lottery games must comply with the same rules as private operators. This means stricter identity checks, adherence to EPIS restrictions, and compliance with the higher age threshold.

In addition, the Court found that exemptions allowing gambling activities in cafés and bars without EPIS identity verification were unconstitutional. It emphasized that these environments carry a tangible risk of gambling addiction and should not be treated more leniently. As a result, identity checks will need to be extended to such venues.

To avoid immediate disruption, the Court introduced a transition period, allowing the current system to remain in place until 31 December 2027. Lawmakers have until the end of 2026 to amend the legislation and resolve the inconsistencies identified in the ruling.

In parallel with these regulatory changes, Belgium is also restructuring oversight of the gambling sector. Beginning 1 June, the Belgian Gambling Commission will move under the authority of the Federal Public Service Economy, supervised by the Minister of Economy. This shift, approved by the Chamber of Representatives of Belgium, reflects a broader view of gambling as not only a matter of public order but also a significant and growing economic industry.