Gambling Laws In Austria: What You Need To Know

Gambling is a popular activity in Austria, with a long history dating back to the 17th century. The country has a comprehensive set of gambling laws that aim to regulate and control the industry, with a particular focus on counteracting addiction, protecting consumers, and preventing crime. The Austrian government has a monopoly over certain forms of gambling, including lotteries and casinos, which are regulated by the Law on Games of Chance (GSpG) and fall under the remit of the Ministry of Finance.

The GSpG defines a game of chance as one where the outcome depends predominantly on chance rather than skill. It differentiates between licences for lotteries, land-based casinos, electronic lotteries (online games), and video lottery terminals (VLTs). While the GSpG governs games of chance at the federal level, betting is regulated by nine separate state laws, and each state has its own local betting act and regulatory authority.

Online gambling has been legal in Austria since 2001, but only land-based casino operators or the government itself are permitted to offer online gambling services. This has created a unique situation where foreign online gambling providers do not require a licence to offer their services to Austrian players, despite the activity being considered illegal at the national level. As a result, many Austrian players utilise foreign gambling websites, and the government has struggled to block these platforms effectively.

Overall, gambling in Austria is heavily regulated, with a focus on player protection and the prevention of gambling-related harm and crime. The industry is forecast to continue thriving, with a range of options available for those who wish to participate.

Gambling in Austria: legal, regulated, and taxed

Gambling in Austria is heavily regulated by the government and has been legal since 1989. The first gambling law in the country dates back to 1696, when it was still part of the Holy Roman Empire. Gambling has been popular in Austria for centuries, and the government's regulatory policies aim to prevent gambling addiction, protect consumers, and prevent unlawfulness and crime.

Regulatory Authorities

The Austrian Ministry of Finance and the Austrian Tax Office are the main regulatory authorities for gambling in Austria. The Ministry of Finance is responsible for supervising licensed companies, while the Tax Authority of Austria, a subdivision of the Ministry of Finance, handles gambling licensing and taxation.

Types of Gambling

Austria differentiates between two main types of gambling: large-scale gambling and small-stakes gambling. Large-scale gambling includes casinos and lotteries, which are monopolies of the government and Casinos Austria AG, respectively. Small-stakes gambling, also known as "small gambling," includes slot halls and has protective provisions in place by the individual federal provinces.

Online Gambling

Online gambling has been legal in Austria since 2001. However, the market is mostly a monopoly of Casinos Austria AG or the government, depending on the type of gambling. Despite this, players from Austria are free to play on foreign online gambling websites due to EU laws. The only licensed Austrian online gambling platform is win2day.at, which offers sports betting, lotto, bingo, card games, virtual slot machines, and live dealers.

Gambling Taxation

Gambling winnings in Austria are only taxed if they are the main income of a person. Gambling operators, on the other hand, are subject to various taxes, including a 2% tax on all stakes, a 40% tax on gross gambling revenue, and a 10% tax on net gambling revenue for gaming machines outside of casinos.

Gambling Age Restrictions

The legal gambling age in Austria is 18+, except for the lottery, which is 16+.

Online gambling in Austria: legal, but mostly a monopoly of Casinos Austria AG

Gambling in Austria is regulated by the Law on Games of Chance (GSpG) and falls within the remit of the Ministry of Finance. The Austrian Gaming Act (GSpG 1989) defines a quasi-monopoly, where only partly state-owned operators are granted licences for gambling on the internet. The only authorised Austrian gaming platform on the internet is win2day.at, which is owned by the Austrian gaming licensees (CasAG) and the Austrian lotteries.

Online gambling is also legal in Austria, but it is mostly a monopoly of Casinos Austria AG or the government, depending on the type of gambling. Casinos Austria AG operates 12 casinos in Austria and offers various table games and slots. The company holds 12 of the 15 available licences for land-based casinos. The remaining three licences remain unused after the public tender was ruled to be in violation of the principle of transparency.

Despite the monopoly, players from Austria are free to play online on foreign gambling websites. This is contradictory to the EU online gambling directives, and according to Article 56 of TFEU, if a country does does not provide any means for foreign online casinos to acquire local licences, then they cannot punish or block these gambling websites, or players who visit them. Due to EU laws, Austria still illegally blocks some foreign online gambling platforms.

The legality of gaming in Austria is entirely dependent on the type of gaming product offered. The regulatory framework ranges from a federal monopoly on games of chance to an open licensing regime at the state level for sports betting.

Casino gambling in Austria: legal since 1934, and heavily regulated

Casino gambling has been legal in Austria since 1934 and is heavily regulated. The first casino in Austria, Casino Baden, opened in 1934 in the city of Baden, near Vienna. At the time, it was the biggest casino in Europe.

The Austrian government has a monopoly on casino gambling, with only Casinos Austria International AG allowed to operate casinos. This monopoly is set to last until at least 2027 but will likely be extended.

The gambling licensing authority in Austria is the Special Responsibilities Unit of the Tax Authority, which is a subdivision of the Ministry of Finance. The number of casino licenses is capped at 15, with only 12 currently in operation.

Austrian brick-and-mortar casinos offer the usual range of games, including blackjack, roulette, poker, and slot machines. These casinos are typically located in old historic buildings and have dress codes.

Small casino gambling establishments, or slot halls, with up to a maximum of 50 machines can be operated without a casino license. However, the provinces of Vorarlberg, Salzburg, Tyrol, and Vienna have banned small-scale gambling entirely.

Online casino gambling is also legal in Austria, but it, too, is a monopoly of Casinos Austria. There is only one licensed Austrian online casino: Win2day, which is jointly owned by the Austrian Lottery and Austrian Casinos. However, due to EU laws, foreign online gambling websites are accessible to Austrian players.

The Austrian government has strict rules around gambling to prevent organised crime and money laundering, protect players, mitigate problem gambling, and maintain market stability.

Sports betting in Austria: legal, and quite popular

Sports betting is legal and quite popular in Austria. The favourite type of sports wagering in the country is predicting the outcome of European football matches, although betting is available on a wide range of sports. Betting shops are available throughout the country, with the largest sports betting company being Admiral Sportwetten (part of Novomatic), which also offers horse racing betting.

When it comes to sports betting, there are extensive provincial differences. For example, in Vorarlberg, Salzburg, Upper Austria, Tyrol and Lower Austria, there is a €500 limit per session, betting is not allowed between midnight and 6 am, and there is no betting on death or injuries during a sporting event. In Vienna, the most restrictive province, sports betting is only allowed between 6 am and midnight, and there is no betting on death or injuries during a sporting event, or on virtual events.

Permission to operate mobile and online sports betting platforms is included in the sports betting licences issued by the government. For example, Admiral Sportwetten has an extensive online sportsbook, where players can bet on ball games, Formula 1, horse racing and several other sports.

Austrian players can also access foreign sports betting websites.

The regulatory framework ranges from a federal monopoly on games of chance to an open licensing regime at the state level for sports betting. The legality of gaming is therefore entirely dependent on the type of gaming product offered.

The Austrian Gaming Act (GSpG 1989) defines a quasi-monopoly, where only partly state-owned operators are granted licences for gambling on the internet. The only authorised Austrian gaming platform on the internet is win2day.at, which is owned by the united Austrian gaming licensees (CasAG) and the Austrian lotteries. However, this platform has been criticised for not having sufficiently implemented player protection measures such as time and money limits.

The main objective of the policy on games of chance is to regulate and control games of chance, with a particular emphasis on counteracting gambling addiction, protecting consumers and preventing unlawfulness and crime.

Bingo in Austria: legal, but not as widespread as other forms of gambling

Bingo is legal in Austria, but it is not as widespread as other forms of gambling such as lotteries, land-based casinos, and sports betting. The game was introduced in the country by the Österreichische Lotterien (Austrian Lotteries) in November 1999, with the first drawing taking place on November 13th of that year. The game is typically played on Saturday evenings and is broadcast on TV. While it used to be very popular, with participants coming from all over Austria, its popularity has since waned, and in March 2018, it was announced that the show would be discontinued by the end of that year, as it was no longer considered "zeitgemäß" (contemporary).

In Bingo, the goal is to mark off all the numbers on a card that are drawn randomly, just like in most other variants of the game. The numbers range from 1 to 75, and there is no jackpot; instead, the main prize is always awarded. The game continues until a winner is determined, except for the Bingo Multi Bonus, which operates on a jackpot principle. In addition to the grand prize, there are six additional ways to win, including the Bingo Multi Bonus, Ring, Box, Ring 2. Chance, Box 2. Chance, and Card. Players can buy up to four tips (cards) per game, with each card containing 25 numbers.

In Austria, gambling is regulated by the Law on Games of Chance (GSpG) and falls under the jurisdiction of the Ministry of Finance. The GSpG defines a game of chance as one in which the "decision on the outcome of the game depends solely or predominantly on chance". The GSpG also sets the framework for regulating slot machines at the federal state level and differentiates between licences for lotteries, land-based casinos, electronic lotteries (online games), and video lottery terminals (VLTs). The Austrian Civil Code (ABGB) is another important set of laws that applies to all types of gaming and betting activities.

While Bingo is legal in Austria, it is not as prevalent as other forms of gambling, such as lotteries and sports betting, which are more widely available and have a larger player base.

Frequently asked questions