Belgium’s Constitutional Court set 31 December 2026 as a deadline for changes to online lottery rules. By then, the National Lottery’s online games must face rules comparable to other online gambling. Without a new law, the ban on combining licences on one website also lapses in principle. Meanwhile, responsibility for the Gaming Commission (Kansspelcommissie) is shifting from Justice to Economy.
Several developments now affect Belgian gambling law at the same time. This article examines the proposed transfer, two Court judgments and existing legal obligations. It then considers the consequences for affiliates directing players towards the Belgian market.
Belgian gambling law gets a new responsible minister
The Gaming Commission has operated within the Federal Public Service (FPS) Justice since its establishment. Yet the federal coalition agreement for 2025 to 2029 proposes a different arrangement. Under that plan, a reformed commission would fall under the Minister of Economy. That minister would serve as the government’s sole representative.
From FPS Justice to FPS Economy
On 19 January 2026, the government submitted the bill on the transfer to the Chamber of Representatives. Bill DOC 56 1264 would replace Justice with Economy in the Gambling Act of 7 May 1999. It would transfer the commission secretariat’s staff to FPS Economy as well. In addition, the commission’s fund would cover their personnel costs in full. Licence holders finance that fund.
The explanatory memorandum places particular emphasis on the sector’s economic importance. Belgian gross gaming revenue exceeded 1.7 billion euros in 2023. Of this total, online games generated 55.48 percent. Consequently, the government considers gambling policy broader than public order and criminal law alone.
On 18 September 2026, the Council of Ministers explicitly addressed the transfer of competence from Justice to Economy. Subsequently, on 25 September 2026, it approved the related implementing decree at second reading. The royal decree would amend several existing decrees. It still awaits the King’s signature.
Four phases of reform
The proposed transfer forms phase one of a four-phase reform programme. Phase two concerns restructuring the Gaming Commission to increase its regulatory capacity. Next, phase three seeks to modernise legislation that no longer reflects newer gambling practices. Finally, phase four addresses illegal gambling both online and offline.
The government has not yet produced concrete texts for the remaining phases. Nevertheless, the coalition agreement describes its intended approach. Local authorities would have greater influence over licences for physical gambling venues. At the same time, the government seeks a transparent, stable framework offering legal certainty to the sector.
Two judgments reshape Belgian gambling law
Court decisions have influenced Belgian gambling law alongside the government’s proposals. Within five months, the Constitutional Court examined two sets of recent legislative changes. Although it largely upheld the measures, both judgments imposed deadlines on the legislature.
Advertising ban and age limit survive
In judgment 165/2025 of 11 December 2025, the Constitutional Court examined the Act of 18 February 2024. That legislation introduced four measures. They covered a ban on combining licences on one website, a general minimum age of 21 and a clarified bonus ban. The fourth measure was an advertising ban in principle. Several gambling companies challenged these provisions and requested their annulment.
Most challenges failed before the Court. For example, the judges considered the advertising ban sufficiently clear. They accepted the King’s authority to provide exceptions. Those exceptions allow players to recognise licensed operators and reduce the risk of turning to illegal providers. Similarly, the minimum age of 21 and the bonus ban survived review.
Even so, the Court identified unequal treatment of certain National Lottery online games. These games can resemble other forms of online gambling. Therefore, the legislature must align the age, bonus and advertising rules by 31 December 2026. The Court annulled the restriction on combining licences on one website. Nevertheless, it maintained the restriction’s effects until new legislation, or 31 December 2026 at the latest.
EPIS checks extended to bars
On 16 April 2026, the Constitutional Court delivered judgment 45/2026 concerning the Act of 7 May 2024. The legislation modernised the Excluded Persons Information System (EPIS). Operators consult this register to establish whether a person faces a gambling exclusion. The Court upheld compulsory checks at betting shops, racecourses and newsagents. It also accepted the five-year retention period.
By contrast, the judges found the exemption for bars discriminatory. They considered alcohol sales on the premises a specific risk factor for gambling addiction. Still, the Court preserved the relevant provisions’ effects until 31 December 2027 at the latest. This gives the legislature and sector time to respond. For online lottery games, the deadline remains 31 December 2026. That deadline covers EPIS checks and the minimum age of 21.
Overview of measures and deadlines
The following table brings together the principal measures and their respective deadlines. It identifies the applicable legal source and the position of each measure.
| Measure | Legal source | Status or deadline |
|---|---|---|
| Transfer of the Gaming Commission to FPS Economy | Bill DOC 56 1264 and implementing decree | Implementing decree approved at second reading on 25 September 2026 |
| Deposit limit of 200 euros per week and per website | Royal Decree of 19 June 2022 | In force since 20 October 2022 |
| Advertising ban in principle and minimum age of 21 | Act of 18 February 2024 | Upheld in judgment 165/2025 |
| Brand or logo on sports kit | Royal Decree of 27 February 2023 | Permitted until 31 December 2027 |
| Ban on combining licences on one website | Article 4 of the Act of 18 February 2024 | Annulled; effects kept until a new law, at the latest 31 December 2026 |
| Equal rules for the National Lottery’s online lottery games | Judgments 165/2025 and 45/2026 | Legislature must act by 31 December 2026 |
| EPIS checks in bars | Act of 7 May 2024, judgment 45/2026 | Exemption annulled; effects kept until 31 December 2027 at the latest |
What Belgian gambling law already requires
Existing Belgian gambling law already places substantial obligations on the sector, irrespective of future reforms. Three requirements particularly affect operators and affiliates addressing Belgian players. These concern the deposit limit, minimum age and exclusion checks.
A deposit limit of 200 euros per week
Since 20 October 2022, a playing limit of 200 euros per week and per website has applied to online gambling. The Royal Decree of 19 June 2022 reduced the previous 500 euros limit. It removed the limit’s overall character as well. Players seeking a higher amount must apply to the Gaming Commission through the licence holder. Approval requires an absence of payment defaults in the National Bank’s Central Individual Credit Register.
Age, bonuses and exclusion
The Act of 18 February 2024 established 21 as the minimum age for all gambling. In addition, it clarified the prohibition on bonuses, including free plays and gaming credit. Online operators must check EPIS before allowing someone to gamble. Consequently, people recorded in the exclusion register cannot access the licensed offer.
These restrictions matter when affiliates prepare content for Belgian audiences. For example, promotions featuring bonuses or free spins describe offers that Belgian licence holders cannot provide. Such material therefore tends to direct attention towards operators lacking a Belgian licence.
Why affiliate marketing has almost no room in Belgium
The advertising ban leaves affiliates with very limited scope for promotion. Belgian law covers communications that encourage gambling, whether directly or indirectly. Moreover, displaying an operator’s name or logo constitutes advertising.
No payment to third parties
The Royal Decree of 27 February 2023 establishes exceptions to that prohibition. Online licence holders may only advertise on their own website and social media accounts. Even so, three conditions restrict this advertising. It cannot allow interaction, and moving images cannot exceed five seconds. Furthermore, the operator cannot pay a third party for the advertising.
The prohibition on third-party payment directly affects affiliate arrangements. CPA commissions and revenue share compensate third parties for promoting gambling operators. In our reading, paid comparison websites referring Belgian players to licensed operators fall outside the exceptions. At the same time, operators without a Belgian licence have no permitted scope for such promotion.
Fines of up to 576,000 euros
Illegal advertising for prohibited gambling can attract fines ranging from 208 to 576,000 euros. The Gaming Commission may impose administrative penalties of comparable size. Moreover, penalties can double for repeat offences within five years. The same applies when an offence affects a person under 21.
Company directors may face liability themselves. Those managing or representing a company can be jointly and severally liable for the penalties. In practice, enforcement depends partly on the Gaming Commission’s resources. Strengthening that capacity is precisely what the government plans in the reform’s second phase.
Belgian gambling law after 31 December 2026
The deadline of 31 December 2026 is approaching. At the time of writing, we were not aware of any new legislation on this point. In particular, no published law known to us addresses the inequalities identified by the Court. Without replacement legislation, the restriction on combining licences in principle lapses. Meanwhile, the unequal treatment of online lottery games would remain unresolved.
Two questions remain relevant to operators and affiliates. Will the legislature restore the restriction on combining licences and extend it to the National Lottery? And will the reformed Gaming Commission receive sufficient staff to enforce the online advertising ban? The answers will influence the Belgian market in 2027.
Bars face a later deadline for EPIS checks. Specifically, the relevant period extends to 31 December 2027 at the latest. Likewise, the permission for brand or logo sponsorship on sports kit ends after that date.
How QMRA reviews affiliate sites for the Belgian market
Our legal team assesses sites targeting Belgian players under Belgian gambling law. We start from the Gambling Act of 7 May 1999. The review covers the Royal Decree of 27 February 2023 as well. First, our team examines whether a site directs Belgian players towards gambling providers, directly or indirectly. Next, we compare promoted operators with the illegal websites listed by the Gaming Commission. Finally, we assess whether the site states the minimum age of 21 and provides references to assistance and self-exclusion.
Our active markets page lists the jurisdictions we cover. In addition, How does it work explains the certification process. For comparison with Dutch enforcement, readers can consult our article on illegal gambling in the Netherlands.
Frequently asked questions
What is changing in Belgian gambling law?
Responsibility for gambling policy and the Gaming Commission is shifting from Justice to Economy. Meanwhile, the legislature must address unequal rules for the National Lottery’s online lottery games by 31 December 2026. Constitutional Court judgments 165/2025 and 45/2026 establish that obligation.
Can an affiliate advertise online casinos in Belgium?
Licensed online operators may advertise only through their own websites and social media accounts. They cannot pay third parties for that advertising. In our reading, paid affiliate promotion therefore falls outside the exceptions. Operators without a Belgian licence have no scope for such promotion.
What is the deposit limit for online gambling in Belgium?
Since 20 October 2022, the deposit limit has been 200 euros per week and per website. However, players may ask the Gaming Commission for an increase through their licence holder. Approval requires that the National Bank’s Central Individual Credit Register records no payment default for the applicant.
What happens after 31 December 2026?
The Constitutional Court annulled the restriction on combining licences on one website. However, it preserved the restriction’s effects until new legislation, or 31 December 2026 at the latest. Without a new law, the restriction in principle lapses after that deadline.
Do bars have to check EPIS?
In judgment 45/2026, the Constitutional Court considered the exemption for bars discriminatory. Nevertheless, it preserved the relevant provisions’ effects until 31 December 2027 at the latest. The legislature must extend EPIS checks to bars by that deadline.
