Spain's DGOJ says prediction markets need a gambling licence

Spain’s gambling regulator has reiterated that prediction-market products classified as gambling under Spanish law require a Spanish licence. The statement reinforces an existing position rather than introducing new regulation, while leaving unanswered the status of proceedings against Polymarket and Kalshi, according to igaming-times.com.

Licensing position, not a new rule

Mikel Arana, Director General of the Dirección General de Ordenación del Juego (DGOJ), outlined the requirement at MERGE Madrid 2026, an international cryptocurrency, blockchain and Web3 gathering. In a release dated 30 October, the regulator said unauthorised platforms offering gambling cannot legally serve Spain and face measures to prevent access from the country.

The DGOJ sits within the Ministry of Social Rights, Consumer Affairs and Agenda 2030. Its release neither identified individual platforms nor mentioned the National Securities Market Commission (CNMV). It also did not specify which prediction-market products might fall outside gambling regulation, according to igaming-times.com.

Enforcement outcome remains unclear

On 26 May, the ministry announced sanctions proceedings against Polymarket and Kalshi over operations in Spain without the necessary authorisation. It ordered precautionary website blocks pending a final resolution. After attempts to contact the companies at their known overseas addresses failed, notice was published in the Boletín Oficial del Estado (BOE).

The ministry initially estimated that the process would take three to four months. More than five months later, the 30 October release provided no indication of whether a resolution had been issued. In May, the ministry also said unauthorised operators lacked safeguards excluding minors and self-excluded players, according to igaming-times.com.

Existing law covers intermediated bets

Article 3 of Spain’s Gambling Act, Ley 13/2011, covers stakes of money or economically valuable items on uncertain future outcomes involving some element of chance, even where skill predominates. It also defines cross bets: an operator intermediates and guarantees third-party stakes in return for a predetermined fee or percentage. Article 2 extends coverage to cross-border operators serving Spanish residents.

That framework aligns with the ministry’s May description of prediction markets as users trading through a commission-charging intermediary. According to igaming-times.com, Polymarket has argued in Brussels and London that event contracts belong within finance. Elsewhere, Italy’s Customs and Monopolies Agency has blocked Polymarket twice, with access restored between the blocks, while France’s Autorité Nationale des Jeux (ANJ) prompted the platform to geo-block French users from December 2024. Spanish licensees also face a cross-operator deposit limit binding from March 2027.

What it means for prediction markets

• Classification remains central: Spain’s stated licensing requirement applies to products that qualify as gambling; the release does not establish an exemption for other event contracts.
• The statement is not a case outcome: It offers no new information on the Polymarket and Kalshi proceedings, despite the elapsed three-to-four-month estimate.
• Access restrictions and final sanctions are distinct: The May website blocks were precautionary. Readers tracking regulatory outcomes should distinguish those measures from a concluded enforcement decision.