Spanish draft royal decree through which technical requirements for gaming activities are established 06 july 2011

Comision Nacional del Juego
(Spanish Regulation Authority)

DRAFT ROYAL DECREE THROUGH WHICH TECHNICAL
REQUIREMENTS FOR GAMING ACTIVITIES ARE
ESTABLISHED

Ref. : dictao_cnj_decree
Version 1.0 of 11/07/2011

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Reference : dictao_cnj_decree
Version : 1.0
Date of latest update : 11/07/2011

Confidentiality : RESTRICTED DISTRIBUTION

Diffusion

Recipients Subject

Revision list
Version Status
1 Date Author Reason for update
N°
1.0 T Creation

1
T : In progress ; V : Validated

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., GENERAL CONSIDERATIONS &

.,. "CDEFGH&.&I&'JKHFD&
The purpose of this Royal Decree consists in the establishment of technical requirements which
must be fulfilled by operators for the organization, running and development of gaming activities
in the context of Act 13/2011, of May 27th, on gaming regulation.

.,0 "CDEFGH&0&I&7HLEMEDENMO&&

For the purposes of this Royal Decree, the terms used in it will have the meaning that is
established in the present article.
Technical gaming system: The technical gaming system is understood as the set of
equipment, systems, terminals, instruments and software material used by the operator for the
organization, running and development of the gaming activity. The technical gaming system
supports all the operations needed for the organization, running and development of the gaming
activity, as well as the detection and registration of the corresponding transactions between
players and the operator.
The basic elements in the technical gaming system are the Central Game Unit and the internal
control system.
Central Game Unit: The Central Game Unit is understood as the set of technical elements
needed to process and manage the operations carried out by participants in games.
The Central Game Unit includes the game platform and the game software.
Internal control system: The internal control system can be described as the set of
components meant to register all the operations and transactions performed during the
development of games seeking to ensure that the National Game Commission has the
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The capture device and the safe database are the most important elements in the internal
control system.
Capture device: The capture device is the internal control system component used to capture
and register the monitoring and control data established by the National Game Commission,
their translation and storage in a safe database.
Safe database: The safe database is the store which contains the monitoring and control data
introduced by the capture device and to which the National Game Commission can have access
at all times.
Access register: The access register is the system which stores and keeps the operations
performed on the Central Game Unit by workers, administrators and any other person linked to
the operator or, where appropriate, to the National Game Commission, with access to the
former.
Game platform: The game platform can be described as the software and hardware
infrastructure that constitutes the main interface between a participant and the gaming operator.
The game platform offers players the tools needed to open or close their game account, record,
edit the information about their profile, deposit or withdraw funds from their game account or
visualize details or a summary of movements in their account.

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The game platform includes any technical element which shows the participant relevant
information about the games offered by the operator, as well as any client software which
participants have to download and install in their computer in order to be able to interact with the
platform.
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as gaming financial transactions, to inform about game results, to authorize or deauthorize
accounts and to establish all the parameters which can be configured.
Gaming databases and the payment gateway form part of the game platform.
Gaming databases: We understand as gaming databases those logical stores where it is
possible to register and keep all personal data about participants in games, those related to all
the transactions carried out by them and the information referred to sports events or
competitions, coefficients and any other data which may be relevant for the purposes of gaming
activity development and management.
Payment gateway: The payment gateway can be described as the set of technical systems
and instruments which permit to carry out economic transactions between a participant and the
game operator and which contains the logic necessary to transfer funds from the payment
means used by the participant to the operator and from the latter to the participant.
Game software: The game software is formed by the modules which permit to manage each
one of the games, authorize and implement the rules for each one of them, and which can be
accessed from the game platform.
Random number generator: The random number generator is the software or hardware
component which, using procedures that guarantee its randomness, generates the numerical
results which are used by the operator to determine the result of certain games.

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0,. "CDEFGH&-&I&8HPQECHRHMDO&LNC&DHFSMEFTG&UTREMU&OVODHRO&
1. The technical gaming systems used by the operators authorized for the organization,
running and development of gaming activities by electronic, computer-based, telematic and
interactive means will fulfill the conditions which are established through a provision by the
National Game Commission and will have to permit compliance with the obligations
stipulated in Act 13/2011, of May 27th, on gaming regulation, those established in this Royal
Decree and the ones which might be stipulated, where appropriate, in the basic regulations
of games in the corresponding authorizing titles.
2. In any case, technical gaming systems will have to guarantee, amongst other things:
a. Confidentiality and integrity in communications
b. The identity of participants, in the case of games developed by telematic and
interactive means, as well as the verification, in the terms established in this Royal
Decree, that they are not included in the Register foreseen in article 22.1.b) of Act
13/2011, of May 27th, on gaming regulation.
c. Authenticity and count of bets
d. Control over their correct operation
e. Compliance with the subjective prohibitions regulated in article 6 of Act 13/2011, of
May 27th, on gaming regulation
f. Effectiveness of controls regarding game time duration, maximum amount wagered
or use of self-exclusion options, amongst other measures, which might be
demanded by the National Game Commission in relation to the development of
games or their exercise modalities.
g. Exclusive access to computer system components by the authorized staff of the
National Game Commission or any other competent authorities, in the conditions
that the latter may establish.

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1. The operators authorized for the non-occasional organization, running and development of
games covered by Act 13/2007, of May 27th, on gaming regulation, will need to have available
a Central Game Unit that will have to fulfill the specifications that are established by the
National Game Commission and permit to:

a. Register all gaming actions and operations carried out from the computers and users
connected to it, operations and results about betting events and draws, distribution of
prizes, operations with user and game accounts, aggregate and control data, as well
as events related to game platform operation.

b. Guarantee the correct development of gaming activities

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c. Check at all times, if necessary, the operations performed, the participants in those
operations and their results if the nature of the game makes it possible to do so, and
also reconstruct all the actions or operations carried out through it in a reliable way.

2. The authorized operators will have to ensure the existence of the necessary back-ups and the
application of technical measures and contingency plans which permit to guarantee data
recovery before any kind of incident.

3. The operators will have available a replica of their Central Game Unit that will permit the
normal development of gaming activities, with full guarantees, in those cases where the main
unit might be out of service.

4. The Central Game Unit and its replica will be installed in premises that will permanently be
under access and surveillance control, the responsibility for their custody falling upon the
operator.

The operator will facilitate access to the aforementioned premises :regardless of their
location: to National Game Commission inspectors so that they can carry out in situ
inspections at any of the places where the Central Game Unit physical means are located.

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inspection regardless of its physical location or the ownership of the means used by it and no
matter which country those means might be located in.

Should the location of the game platform or some of its components be virtual or outsourced
elements be used, the operator will have to guarantee the access and powers required to
perform an inspection from the physical places where service administration is carried out.

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or it belongs to bodies or institutions which deliver or provide some kind of service to it, will
offer total collaboration to National Game Commission inspectors so that access and
inspection can be made easier. The operator will be responsible for lack of collaboration by
the said staff, regardless of the legal or labor relationship which links the operator to that staff.

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Subject to the additional requirements that the National Game Commission might establish, the
random number generator will have to fulfill at least the following characteristics:

1. The random data generated will be unpredictable and impossible to determine.

2. The data series generated will be impossible to reproduce.

3. The scaling methods will be linear and will introduce no bias, pattern or predictability.

4. The method for the translation of game symbols or results will not be under the influence or
control of a factor other than the numerical values derived from the random number generator.

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1. The endorsement and certification of technical gaming systems along with the establishment
of the specifications needed for their operation corresponds to the National Game
Commission.

2. The National Game Commission will stipulate the technical specifications that technical
gaming systems might eventually need to fulfill for their endorsement and certification. With
this aim in mind, the National Game Commission will avoid the introduction of hindrances that
might distort competition in the market.

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1. The technical gaming system endorsement and certification report can only be carried out by
the bodies authorized for these purposes by the National Game Commission.

2. The National Game Commission will establish the technical requirements and conditions that
bodies might eventually need to fulfill in order to obtain the authorization mentioned in the
previous number, as well as the procedure for its request by the bodies interested.

3. The requirements or conditions demanded and the procedure established for the authorization
of technical gaming system certification and endorsement bodies will not introduce hindrances
that might unjustifiably distort competition.

4. Subject to the responsibility that might correspond to the operator, the bodies authorized to
issue the endorsement and certification report will be held responsible for the damages
caused as a result of the incorrect operation of technical gaming systems which might have
been wrongly evaluated due to lack of diligence.

5. The bodies authorized to issue the endorsement and certification report will have to constitute
a sufficient guarantee before the National Game Commission, in the terms and conditions
determined by the latter, so as to ensure potential responsibilities derived from their
professional action.

6. For these purposes, the National Game Commission will publish on its webpage the list of
bodies authorized to issue technical gaming system endorsement and certification reports.

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1. The National Game Commission will stipulate the procedure for the endorsement and
certification of technical gaming systems as well as the minimum content of the reports
issued by the authorized bodies.

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2. The procedure for the initial endorsement of technical gaming systems will be carried
out within the framework of the procedure for the granting of general and singular
licenses.
The application for a license will be accompanied by a technical project that will contain
the essential aspects of the system for the development of gaming systems and,
particularly, the components of the Central Game Unit and of the internal control
system.
It will be possible for the National Game Commission to request from the interested
party as much information as is considered necessary for the evaluation of the technical
project.
3. Endorsement and certification tests can be carried out directly by the National Game
Commission or by a body authorized for these purposes by the former.
4. Endorsement and certification reports will have to contain a statement on the fulfillment
of the technical requirements corresponding to the license requested and will have at
least the following content:
a. In relation to the game platform, it will necessarily include a detailed functional
description of the processes supported by the platform, amongst others,
registration of user accounts, data about the sessions, the game account,
information to participants about plays, collection and payment systems,
mechanisms to limit participation, as well as any other process that might be
implemented by the system.
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failures, recovery procedures, session management, measures against fraud
and money laundering, responsible gaming measures and obligations regarding
information to participants.
b. For each game in relation to which a singular license might be requested, the
report will certify the adequacy between the rules implemented by the software
and those established in the basic game regulations, including, where relevant,
all possible options, voucher policy, details about prizes and game probabilities,
as well as the percentage of return to the player.
c. Regarding the random number generator, the report will indicate the
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necessary to prove that the data generated are of a random nature,
unpredictable and impossible to reproduce, and also that the scaling and
translation methods are linear and independent of any factor other than the
generator itself.
d. As for the internal control system, the report will contain a detailed functional
description of the processes implemented for capture and registration in the
safe databases of gaming operations.
The endorsement and certification report will be accompanied by a copy of the
endorsed software digitally signed by the laboratory that will be used to check
software integrity in technical gaming system audit procedures.
5. The endorsement and certification report will include a list of the components, software
or hardware, regarded as critical, with detailed information about the location of each
component in the technical gaming system, name of components and check levels. In
this respect, the consideration as critical is given to all those components the
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rights or public interest.
It will not be possible to start the production of any modification or change in a critical
component without the previous authorization of the National Game Commission after
the presentation of the corresponding endorsement report.

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regarded as such and which, based on justified reasons, the Commission sees as
already affecting or eventually coming to affect game development, particip./'#3),$42'#)
or public interest.
Any other relevant modification in the technical gaming system software or hardware
will have to be made known to the National Game Commission so that the need for a
new endorsement and authorization can be determined.

-,< "CDEFGH&;&I&8HFNUMEDENM&NL&DSH&HMWNCOHRHMD&TMW&DSH&FHCDELEFTDENM&
ZTGEWTDHW&JV&NDSHC&YQJGEF&TWREMEODCTDENMO&&

The National Game Commission will establish the effects that might eventually be produced
by the endorsements and certifications validated by other countries in the European Economic
C,+.)",)%()D!./$#2)C8'"/"-"8#)E+4$"/#3)%"9$+#)0"-!+'+/')$/)!,"0+98,+#)6",)'2+)0"/0+##$"/)
of gaming authorizing titles comparable to the licenses granted in Act 13/2011, of May 27th, on
gaming regulation, as well as those procedures where they might need to be considered,
should the issue arise.

-,/ "CDEFGH&.[&I&%LLHFDO&NL&HMWNCOHRHMD&&
1. The endorsement and certification of technical gaming systems proves the fulfillment of the
technical requirements demanded for the organization of gaming activities in the Spanish
territory or which are addressed to Spanish participants or participants with a Spanish user
account.

2. Once the favorable technical gaming system endorsement and certification report has been
issued, the interested party will submit it to the National Game Commission within the
framework of the corresponding procedure :whether it has to do with the granting of licenses
or the modification of technical gaming systems: and the Commission will proceed to its
evaluation in the time and place established for these purposes. In the case of a singular
license, it will be possible to obtain a provisional endorsement until the definitive endorsement
is granted by the National Game Commission.

3. Software endorsement and certification is valid for ten years counting from the date on which
the corresponding report was issued.

-,A "CDEFGH&..&I&=CNZEOENMTG&TMW&WHLEMEDEZH&DHFSMEFTG&UTREMU&OVODHR&
HMWNCOHRHMD&
1. The provisional granting of a singular license will be conditional on obtaining the
corresponding favorable endorsement report within a maximum non-extendable period of six
months, counted from its notification to the interested party.

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&

2. 52+)+/9",#+-+/'),+!",')6",)'2+)"!+,.'",3#)'+02/$0.&)4.-$/4)#(#'+-#)7$&&)%+)0.,,$+9)"8')%().)
body authorized by the National Game Commission.

3. The provisional endorsement report, which will accompany the applications for singular
licenses, will have the content that is established by the National Game Commission and will
at least contain a statement about the correct operation of the game platform and that of each
one of the games, the adequate integration of all elements, the compliance with the
requirements demanded by the Gaming Act and its development rules and the correct
operation of the internal control system.

During the definitive endorsement process, The National Game Commission :either on its
own or through the authorized body: will check the operation with real data about the
technical gaming system as well as compliance with the legal requirements demanded by Act
th
13/2011, of May 27 , on gaming regulations and its development rules, having the possibility
to recommend the operator to introduce the improvements and modifications of the technical
gaming system that it considers necessary for the correct fulfillment of technical requirements.

These recommendations will form part of the definitive endorsement report, which will also
have to include the degree of compliance with the aforesaid requirements on the part of the
operator.

4. Once the definitive favorable technical gaming system endorsement report has been issued
within the stipulated period, the operator will transfer it to the National Game Commission for
its assessment.

Should the assessment be positive, the National Game Commission will ex officio modify the
provisional registration of the singular license that will now become definitive.

Should the report assessment not be positive, the National Game Commission will order the
0+##.'$"/) "6) '2+) "!+,.'",3#) .0'$1$'(?) .9"!'$/4) '2+) -+.#8,es required to avoid eventual
damages both to participants and to public interest.

-,6 "CDEFGH&.0&I&!HFSMEFTG&UTREMU&OVODHR&TQWED&
1. The technical gaming system audit will have to be carried out every two years. The audit, the
cost of which will be assumed by the operator, can be performed by the National Game
Commission or by the body proposed by that Commission for these purposes among the
bodies recognized for technical gaming system endorsement and certification, which will be
different from the body that, in turn, had carried out the last endorsement and certification
,+!",').%"8')'2+)"!+,.'",3#)'+02/$0.&)4.-$/4)#(#'+-#F

2. 52+).89$')7$&&)%+)!+,6",-+9)7$'2$/)'2+)#$G)-"/'2#)6"&&"7$/4)'2+)+G!$,.'$"/)"6)'2+)'7")(+.,#3)
period counted from the concession of the endorsement or from the submission of the last
audit report to the National Game Commission.

The favorable audit report will have to be subjected to the assessment of the National Game
Commission.

3. Should the favorable audit report have not been submitted to the National Game Commission
once the stipulated period has elapsed, the Commission will provisionally agree the
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of the singular license.

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&

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&

4. Within the framework of a sanctions procedure or that of actions prior to its initiation, the
National Game Commission will be able to order the elaboration of an audit about the
technical gaming systems of the operator who is supposed to have committed an offense. The
audit, the cost of which will be assumed by the operator, can be performed by the National
Game Commission or by the body proposed by that Commission for these purposes among
the bodies recognized for technical gaming system endorsement and certification, which will
be different from the body which had carried out the last endorsement and certification report
.%"8')'2+)"!+,.'",3#)4.-$/4)#(#'+-#F

5. The National Game Commission will dictate the specific provisions or instructions that it
considers necessary for the elaboration of the audit.

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&

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<,. "CDEFGH&.-&I&2MDHCMTG&FNMDCNG&OVODHR&
1. The monitoring and supervision of gaming activities performed by the operator will be
carried out through the internal control system.
2. Operators will have to equip their technical gaming system with an internal control
system which can capture and register all gaming operations and economic
transactions which are performed between participants located in Spain or with a
Spanish user accou/')./9)'2+)"!+,.'",3#)<+/',.&)=.-+)>/$'F)
The internal control system will have to adapt to the different channels used for game
commercialization and interaction with participants so that the capture and registration
of all the gaming operations performed can be ensured.
When different channels for commercialization or interaction with participants are
simultaneously used in the same game, the operator will have to establish the
communication gateways, interfaces or channels between all the means of participation
or interaction in the game with the aim of allowing the National Game Commission to
access all the operations and transactions that may have been carried out regardless of
the means used to that end.
3. The operator will implement systems and mechanisms that ensure the capture and
registration of gaming operations, development and results of betting events and draws,
distribution of prizes, operations with user accounts, economic transactions in game
accounts, aggregate and control data, as well as incidents related to game platform
operation, and their storage in a safe database to which only the National Game
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create and maintain a safe line of access to the database by the National Game
Commission and implement means and systems which guarantee the conservation
and, if necessary, the recovery of data registered by the internal control system.
By means of a resolution, the National Game Commission will be able to enlarge or
reduce the number of operations subjected to capture and registration.
4. The internal control system will have to allow the National Game Commission to control
all the gaming operations registered, in the terms and conditions that are established by
that Commission.
5. The National Game Commission will specify the technical requirements that will have to
be fulfilled by the internal control system and the line of access to the safe database,
the protocols and, when appropriate, the encrypting tools which might eventually have
to be used for data registration. It will equally establish the minimum security
requirements to be fulfilled by the operator both for access to the control system and for
data conservation.

<,0 "CDEFGH&.<&!"#$%&'$("$)*'"&+*"$,*'-&$'./"#*%&'-("0-1*"2%3&"-%4"$)*'"3&/"
CHYGEFT&&
1. The Central Game Unit and its replica will incorporate safe computer connections which
are compatible with the National Game Commission systems, which permit this
Commission to control and monitor :in real time, if necessary: the gaming activity
performed, the prizes given and the identity of the individuals who participate and obtain
prizes in those activities and, should the issue arise, the refund of prizes that could

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&

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#+%050%0*4&#"*&*4%#6)04,*!&
&

eventually take place as a result of game cancellation, it all subject to the possibility of
carrying out in situ inspections.
2. The National Game Commission will necessarily be able to monitor the Central Game
Unit and its replica :regardless of their location: from the Spanish territory at all times.
The responsibility for the establishment and maintenance of a safe line which permits
.00+##)%()'2+)A.'$"/.&)=.-+)<"--$##$"/)'")'2+)"!+,.'",3#)<+/',.&)=.-+)>/$')./9)$'#)
replica falls upon the operator. The National Game Commission will specify the
technical requirements to be fulfilled by access lines.
3. Seeking to make information verification and control operations easier, the National
Game Commission will be able to demand from the gaming operator to locate certain
secondary units of its technical systems in Spain.

<,- "CDEFGH&./&I&3TREMU&TFDEZEDEHO&YHCLNCRHW&DSCNQUS&HJOEDHO&
1. For the commercialization and development of gaming activities through websites within
the framework of Act 13/2011, of May 27th, on gaming regulation, the operators will
have to implement a specific website with a domain name under «.es» to which they will
have to direct all connections carried out from Spain or with a Spanish user account.
2. The operator will establish the systems, mechanism or agreements which can
guarantee that all gaming activities performed from Spain or using a Spanish user
.00"8/') 7$&&) %+) -./.4+9) 6,"-) '2+) "!+,.'",3#) 7+%#$'+) 8/9+,) HF+#IF) 52+) "!+,.'",) 7$&&)
particularly have to ensure that all the connections carried out from the Spanish territory
or by participants with a Spanish user account and which were initially directed to
websites under a domain name other than «.es», which are owned or controlled by the
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specific website under «.es».
3. The operator will notify the National Game Commission of the domain name and the
relevant details and data about the website used by the operator for the development of
its activity, as well as any alteration of that information.
The National Game Commission will be able to impose :in those cases where it is
considered necessary for the protection of public interest and of minors: the
commercialization and development of specific types of games through an exclusive
website created by the operator for these purposes.

<,< "CDEFGH&.A&I&3TREMU&TFDEZEDEHO&YHCLNCRHW&DSCNQUS&RNJEGH&NC&GTMWGEMH&
DHGHYSNMH&DH]D&RHOOTUEMU&OHCZEFHO&
1. The operators who organize, run or develop gaming activities which use text messaging
systems through landline or mobile telephone services as the main means or as an
accessory means of participation or interaction will have to implement an internal
control system that permits to capture, register and, where appropriate, translate all the
messages sent and received by participants into the language used for their registration
in the safe database.
2. Communications between participants and the operator will be registered in a safe
database in the formats that are established by the National Game Commission. The
National Commission Game will at all times be able to access the safe database where
communications are registered.

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&

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#+%050%0*4&#"*&*4%#6)04,*!&
&

3. The operator will have to establish mechanisms and systems which allow the National
Game Commission to monitor and control the text message sending and reception
servers used by the operator and the databases for clients and operations and
implement measures related to limitation and information to the participant.

<,/ "CDEFGH&.6&I&3TREMU&TFDEZEDEHO&DSCNQUS&ZNEFH&FNRRQMEFTDENM&OHCZEFHO&
1. The operators who organize, run, or develop gaming activities which use voice
communication services as the main means or as an accessory means of participation
or interaction will have to implement an internal control system that permits to capture
and register the communications which take place between participants and the
operator.
For the purposes of this Royal Decree it will be understood that both those individuals
72")./#7+,)!.,'$0$!./'#3)0.&&#)./9)'2+).8'"-.'$0)$/'+,.0'$1+),+#!"/#+)#(#'+-#)6",-)!.rt
of technical gaming systems.
2. The operator will have to establish mechanisms and systems which allow the National
Game Commission to monitor and control :even in real time: voice communications
between participants and the operator, as well as their recordings, and the databases
for clients and operations.
3. The recording and registration of communications between participants and the
operator will be carried out in a safe database in the formats and the way which is
established by the National Game Commission. The recordings will permit to determine
beyond any doubt the date and the time when they took place.
The National Game Commission will at all times be able to access the safe database
where voice recordings are registered.
4. The operator will have to keep the recordings at least for one year or until the expiry of
the prizes for the corresponding gaming activities, should that period be longer.

<,A "CDEFGH&.@&I&3TREMU&TFDEZEDEHO&DSCNQUS&TQWENZEOQTG&RTOO&RHWET&
The operators who organize, run or develop gaming activities through audiovisual mass media
will have to implement an internal control system that permits to capture and register the
communications which take place between participants and the operator.
Depending on the media used for participation and interaction with the participant, the operator
will have to adapt the internal control system to the requirements stipulated in this Royal Decree
and those which may eventually be established by the National Game Commission.

<,6 "CDEFGH&.;&I&3TREMU&TFDEZEDEHO&DSCNQUS&DHCREMTGO&TMW&TQ]EGETCV&RTFSEMHO&
1. For the purposes of monitoring and control of gaming activities performed through the
use of terminals or auxiliary machines, the operator will have to make adaptations which
allow the National Game Commission :either on its own or through the inspection
services of the corresponding Autonomous Region or City: to access the terminals and
auxiliary machines as well as the technical systems to which they might be connected.
2. The auxiliary machines as well as the terminals used for the organization, running or
development of gaming activities, along with the software utilized by them, form part of

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&

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#+%050%0*4&#"*&*4%#6)04,*!&
&

the game platform and are subjected to endorsement and certification in the terms
established in Chapter III of this Royal Decree.

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&

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&

/, 4'*2!'82*3&'(&="54%*!&4%"*+&"*7&3"!%?"5+&

/,. "CDEFGH&0[&I&4NMEDNCEMU&NL&YTVRHMD&RHTMO&TMW&UTDHTVO&&
Subject to the obligations regarding the capture and registration of operations and economic
transactions associated with gaming activities, the operator will specify the systems and
mechanisms which allow the National Game Commission to access the payment systems,
means and gateways used by the operator to collect participation fees and pay the prizes
obtained by participants.
The National Game Commission will establish the technical and access requirements which
might be needed and provided for the control of money collection and payment operations.

&

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&

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#+%050%0*4&#"*&*4%#6)04,*!&
&

A, +%):82!5&8%B:28%4%*!+&('8&!%)1*2)"$&3"42*3&+5+!%4+&

A,. "CDEFGH&0.&I&"FFHOO&FNMDCNG&TMW&OHFQCEDV&
1. The operator will have to establish a physical and logical protocol for the access to its
technical gaming systems which contains the procedures to control them, the list of
individuals who have obtained an access authorization, as well as the operations which
can be performed within the systems.
The registration of access to the Central Game Unit and its replica will have to be kept
by the operator for at least two years.
2. Access to the Central Game Unit and its replica will exclusively be given to the
individuals specifically designated by the operator for these purposes and, within the
framework of an inspection, by the National Game Commission staff.
3. The operator will have to adopt physical and logical security measures which guarantee
control over the Central Game Unit and its replica, which prevent access and permit the
detection of any unauthorized person.
4. Access to the Central Game Unit internal control system is exclusively reserved for the
National Game Commission.
The operator will only be able to access the safe database for the purposes of
registering data and carrying out the necessary maintenance operations. The system
must guarantee that the operator will not be able to access the internal control system,
neither for data erasure or modification nor to make consultations.
5. The National Game Commission will specify the additional conditions for access to the
"!+,.'",#3) '+02/$0.&) 4.-$/4) #(#'+-) ./9) '2+) '+02/$0.&) ,+@8$,+-+/'#) '2.') -$42')
eventually have to be fulfilled.

A,0 "CDEFGH&00&I&)NRRQMEFTDENMO&EDS&YTCDEFEYTMDO&
The operator will have to establish systems and mechanisms which ensure the integrity and
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particularly, with the Central Game Unit and its replica.
The system will have to guarantee the identity of the transmitter and the receiver, the
confidentiality of the information transmitted through the use of effective encrypting and
authentication algorithms and the integrity of the information transmitted through the
communication channels used for participation and interaction with gaming systems.
The National Game Commission will be able to establish the details and additional conditions
which are regarded as necessary to guarantee the security and integrity of communications
%+'7++/)!.,'$0$!./'#)./9)'2+)"!+,.'",#3)'+02/$0.&)4.-$/4)#(#'+-#F

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&

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#+%050%0*4&#"*&*4%#6)04,*!&
&

A,- "CDEFGH&0-&I&)NRRQMEFTDENMO&JHDHHM&DHFSMEFTG&UTREMU&OVODHR&
FNRYNMHMDO&
The systems utilized for the communication of data between the different technical gaming
system components will guarantee its integrity and confidentiality. The operator will especially
have to ensure the integrity of communications between the Central Game Unit and the internal
control system.
The operator will have to use safe communication protocols which ensure its integrity and
confidentiality in those cases where communication between the different technical gaming
system components takes place through public or third-party communication networks.
The National Game Commission will be able to specify the details and additional conditions
which are regarded as necessary to guarantee the security and integrity of communications
between the different technical gaming system components.

A,< "CDEFGH&0<&I&3TREMU&NYHCTDENM&CHUEODCTDENM&TMW&DCTFHTJEGEDV&
1. The Central Game Unit must guarantee the traceability and registration of all the
gaming operations and economic transactions which are performed.
The capture and registration of operations and transactions will be carried out by means
of the internal control system and will be kept in the safe database created to that end.
The capture and registration systems must permit the faithful reconstruction of the
gaming operations as well as the transactions registered in the safe database.
Both the capture and registration systems and the safe database will have to be
physically and logically protected, preventing any unauthorized access.
2. Subject to the resolutions that the National Game Commission might eventually dictate
in relation to the capture and registration of additional data, operators will have to
capture and register at least the following operations:
a. Gaming operations, among which are included at least the confirmed
participations or plays, the plays annulled or cancelled by the operator, the
plays denied and the money collection or payment operations carried out by the
operator.
b. Operations related to gaming events, among which are included at least the
authorization for the event or events which determine game results, the
modification of parameters for the event or events, the events cancelled or
annulled by the operator in its technical gaming systems and the result of the
event or events.
c. Operations associated with the fees paid to take part in games and with the
payment of the prizes obtained.
d. Operations related to user and game accounts, among which are included at
least the opening of an account and the data provided by the participant, the
acceptance of terms and conditions, the modification of game parameters, the
economic movements :revenues and payments: of the game account and the
closing of accounts.
The National Game Commission will establish the details concerning capture
and registration of operations and the minimum fields that might have to be
incorporated into the safe database in relation to each one of them.
3. The system will have to permit real-time capture and registration of data about gaming
operations and the economic transactions linked to them. The National Game

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&

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#+%050%0*4&#"*&*4%#6)04,*!&
&

Commission will follow proportionality criteria to establish the periodicity that will have to
be observed by the operator regarding registration in the safe database and the way in
which its temporary association with reliable time sources have to be implemented.
4. Operators will also include in the safe database:
a. The aggregate and control data established by the National Game Commission
b. A register of incidents that includes at least service interruptions or game
barring
c. Any other data generally or individually demanded by the National Game
Commission within a control procedure
The National Game Commission will specify the scope of the data that will have
to be registered, the period for their updating and the technical requirements
regarding availability and access.
5. 52+) #.6+) 9.'.%.#+) .#) 7+&&) .#) '2+) "!+,.'",3#) ,+4$#'+,#) will have to be kept during a
minimum period of six years, protection and support systems having to be implemented
in order to guarantee their integrity and security during that period, as well as its
complete recovery before any eventuality.

A,/ "CDEFGH&0/&I&3TREMU&TFDEZEDV&FNMDEMQEDV&
1. The operator will need to have a Technological Contingency Plan in place to maintain
4.-+)9+1+&"!-+/')$/)'2"#+)0.#+#)72+,+)'2+)"!+,.'",3#)<+/',.&)=.-+)>/$')",)$'#)-.$/)
infrastructures and computer systems are not available.
The Technological Contingency Plan will consider the elements, systems and
procedures needed for the fully-guaranteed replacement of the game development
0.,,$+9)"8')%()'2+)"!+,.'",3#)<+/',.&)=.-+)>/$'F)
Furthermore, the Plan will deal with those cases where the internal control system is
unavailable, ensuring continuity in the capture and registration functions for data about
gaming operations and the economic transactions linked to them.
2. Within the framework of the Technological Contingency Plan, the operator will need to
have available a replica of the Central Game Unit and a redundant internal control
system. The National Game Commission will be able to access all support units and
systems.
3. The Central Game Unit replica will incorporate computer infrastructures and systems
which are required to ensure game development continuity regardless of the technical
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Unit.
4. The redundant internal control system will guarantee data capture and registration in
accordance with what is stipulated in this Royal Decree in those cases where the main
internal control system is not available. The redundant internal control system will
incorporate as many elements and systems as are considered necessary to guarantee
the correct fulfillment of its role under any circumstances.
5. The Central Game Unit replica and the redundant internal control system will have to be
situated in locations different from those of the main units and at a distance with respect
to the main units that suffices to make it reasonably unlikely for all of them to be
negatively affected by the same event.
6. 52+) A.'$"/.&) =.-+) <"--$##$"/) 7$&&) +1.&8.'+) "!+,.'",#3) 5+02/"&"4$0.&) <"/'$/4+/0()
Plans and, where appropriate, will demand from the operator the adoption of additional
measures regarded as necessary to ensure the continuity of gaming activities.

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&

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#+%050%0*4&#"*&*4%#6)04,*!&
&

6, CONTROL OVER PARTICIPANTS

6,. "CDEFGH&0A&I&2WHMDELEFTDENM&NL&YTCDEFEYTMDO&
1. The operators will establish systems and mechanisms which make easier the
identification of participants in games. The National Game Commission will
exceptionally be able to authorize participation without the prior identification of
participants taking into account the special conditions of the means used for game
commercialization and development, following proportionality criteria and at the
"!+,.'",3#)J8#'$6$+9),+@8+#'F)
In any case, the identification of participants along with the verification that they do not
incur any of the subjective prohibitions mentioned in letters a), b) and c) of the second
number in article 6 of Act 13/2011, of May 27th, on gaming regulation, will be a sine qua
non condition to collect the prizes obtained regardless of their amount and nature.
2. The identification of participants will be carried out through a single user account that
will at least contain the identification data needed to check that they do not incur any of
the subjective prohibitions mentioned in letters a), b) and c) of the second number in
article 6 of Act 13/2011, of May 27th, on gaming regulation.
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residency data as well as any other data that permit to carry out economic transactions
and the game operator which are determined by the National Game Commission.
The operator will establish the procedures and mechanisms needed to verify that a
single player does not own several user accounts.
3. Opening a user account will demand from the participant to provide the data mentioned
in the previous paragraph as well as the verification of their truthfulness by the operator.
Once the data about the participant have been collected, the operator will have to send
them to the National Game Commission for their authentication and verification. The
operator will be able to activate the user account once the procedure stipulated for this
purpose has finished.
4. The verification of the data supplied by the participant will have to be carried out by the
operator within a maximum period of one month since the activation of the account and
will constitute a sine qua non condition to collect the prize money obtained by the
participant regardless of its amount and nature.
The account will be cancelled if neither the National Game Commission nor the
operator has verified the account data once the one-month period mentioned in the
preceding paragraph has elapsed.
The operator is responsible for the veracity and periodical check of the data collected in
its user accounts, in the terms stipulated by the National Game Commission.
5. The operator will be able to suspend those user accounts which remain inactive for
more than two uninterrupted years. It will be possible to activate suspended user
accounts at the !.,'$0$!./'3#) ,+@8+#'F) 52+) "!+,.'",) 7$&&) 0./0+&) '2+) .00"8/') .6'+,) 6"8,)
years have elapsed since the suspension.
6. The National Game Commission will establish the additional requirements and
conditions that user and game accounts must fulfill as well as the protection measures
that operators will have to comply with.

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1. ;')7$&&)%+)'2+)"!+,.'",#3),+#!"/#$%$&$'()'")0"/',"&)'2+)#8%J+0'$1+)!,"2$%$'$"/#)-+/'$"/+9)$/)
letters a), b) and c) of the second number in article 6 of Act 13/2011, of May 27th, on
gaming regulation.
2. The National Game Commission will specify the means required and establish the
adequate procedures so that operators can have telematic access to the Registro
General de Interdicciones de Acceso al Juego [General Game Access Interdiction
Register].
In any case, during the process of opening of a user account, before its activation, and
during the process of prize payment, the operator will have to contrast the data
contained in the user account which those appearing in the General Game Access
Interdiction Register, with the aim of verifying that the participant is not included in the
aforesaid Register.
The National Game Commission will specify the procedures to be applied by operators
for the periodical verification of their user account data with those appearing in the
General Game Access Interdiction Register.
3. Subject to the procedures that operators might eventually establish for these purposes,
the National Game Commission will specify the means required to check more easily
that participants are legally of age using the National Identity Card (DNI for its Spanish
$/$'$.&#K)/8-%+,)",)'2+)L",+$4/+,#3);9+/'$6$0.'$"/)A8-%+,)MA;N)6",)$'#)D!./$#2)$/$'$.&#KF)In
order to achieve this aim, the competent public administrations will offer the National
Game Commission all the collaboration that might eventually be needed.
The National Game Commission will establish the consultation procedures that may be
required.
4. The National Game Commission will perform all the controls that are needed and
impose all the conditions required to control money laundering and terrorism financing.

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@, ADDITIONAL PROVISIONS

@,. (ECOD,&"QDSNCEXTDENM&LNC&DSH&*TDENMTG&3TRH&)NRREOOENM&
In accordance with what is stipulated in article 23 of Act 13/2011, of May 27th, on gaming
regulation, the National Game Commission is authorized to dictate all the provisions which are
considered necessary for the development and execution of this Royal Decree

@,0 8HYHTGEMU&YCNZEOENM&&
Any equal- or lower rank provisions which contradict what has been established in this Royal
Decree are hereby repealed.

@,- (EMTG&YCNZEOENM,&)NREMU&EMDN&LNCFH&
This Royal Decree will come into force on the day following its publication in the Boletín Oficial
del Estado [Official Gazette].

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&

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&

Spanish draft royal decree through which technical requirements for gaming activities are established 06 july 2011

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Spanish draft royal decree through which technical requirements for gaming activities are established 06 july 2011