Main Gambling Law in Romania

The main Romanian law on gambling (Government Emergency Ordinance No. 77 on the organization and running of gambling, as amended) creates the following categories of gambling products. For those looking to engage in legal and secure online gaming, it’s essential to choose from the best recommended casinos, which operate under proper licensing and regulatory oversight.

Categories of Legally Acknowledged Gambling Games

Lottery – a chance game based on a random result of an event having a drawing of numbers, letters, tickets, or symbols, whichever the device and machinery used (drums, wheels, cups, or other appliances). Land-based as well as online lottery games fall under the monopoly of the state and can only be conducted by the Romanian National Lottery, the state company.

Gaming – a chance game in which players predict the outcome of future occurrences or in which the result is decided randomly by an independent IT system. The law traditionally regulates three forms: (1) fixed-odds gaming (sports gaming), (2) mutual gaming (tote), and (3) gaming exchanges. They may be licensed for land or online activities.

Casino Games – games of equipment like cards, roulette wheels, dice, or play tables. Online casino games also include online poker and online slot games so that licensed operators may offer them both on their websites.

Poker – game of cards played only among participants in marked premises.

Slot Machines – being defined in two forms:

• Unlimited stakes and pay-outs: run on specific machinery in licensed casinos;
• Video lottery terminals: are player-dependent and must be connected to a central game-controlling server that powers the game and authenticates wins.

Bingo, Keno, Tombola, and Temporary Games

Bingo Games are classified by kind of play:

• Hall-based bingo using lottery-type equipment and where players must be present;
• TV bingo where players don't have to be present at the draw;
• Online bingo, played over any communications network with no players present.

Keno Games are regulated exclusively as internet games and are categorized as internet bingo and keno.

Tombola – a lottery of numbers, letters, or symbols through any mechanical or electronic means. Prizes have to be of the kind and a minimum of 50% of the total stakes taken in. Tombola can be conducted on the premises as well as on the internet.

Temporary Games include land casino games, unlimited slot games, and traditional bingo organized at resorts or cruise ships. These fall under a special temporary license for three months. A separate category includes poker festivals, which are temporary events organized at resorts or other locations and consisting only of poker tournaments between players. These festivals can be organized only by licensed operators.

Unregulated Games and Other Considerations

Besides the legally established categories, any unregulated product that meets the criteria of a gambling game (public offer, entry fee, chance, and reward) must also be licensed. The National Gambling Office (ONJN) is legally authorized to inspect such products and determine their respective category. Operators must submit an application to ONJN accompanied by the rules of the game and product description.

Excluded Products and Legislative Trends

fantasy leagues, pool betting, and spread betting are nowhere addressed in the law. But games "intended for entertainment and which are not offering random prizes, but are a test of strength, intelligence, or skills," and "sports games relying to a large degree upon knowledge and skill rather than upon chance" are not gambling products and require no license.

There is a single legislative draft that aims to put esports under regulation in Romania, which was rejected by the Senate and is being considered by the Chamber of Deputies. The draft seeks to add esports as a regulated activity. The draft describes esports as organized, competitive activity carried out in a virtual environment using computers or other electronic devices, individually or in teams, with the purpose of achieving outcomes in competitions. The proposal also aims to define related terms such as electronic players, clubs, competitions, arenas, and associations.

Although current law regarding gambling does not cover financial derivatives, the ONJN, in a formal letter, stated that binary options and other types of financial instruments that fall under the Markets in Financial Instruments Directive cannot be traded on gambling websites.