Romania has experienced remarkable growth in its gambling industry, making it an attractive market for entrepreneurs and companies seeking to establish online gambling platforms. However, to enter this thriving industry, it is crucial to have a comprehensive understanding of the regulatory framework and the process of acquiring the necessary licenses. In Romania, specifically, obtaining a Class 2 Gambling License is a prerequisite for engaging in online gambling activities. This article aims to provide a detailed, step-by-step guide to assist you in navigating the process and successfully obtaining a Class 2 Gambling License in Romania.

The regulatory authority overseeing the gambling industry in Romania is the ONJN (Oficiul Național Pentru Jocuri de Noroc). On February 24, 2016, the Romanian government finalized and adopted comprehensive technical and operational regulations pertaining to both online and land-based gambling establishments. Within the ONJN, a dedicated Supervisory Committee evaluates applications and grants the specific licenses and authorizations required by law.

What sets our service apart from others?

Working with Szilaghi Consulting is the best option for obtaining the Class 2 (B2B) gambling license in Romania due to their expertise and comprehensive understanding of the regulatory landscape. With years of experience in the gambling industry and a deep knowledge of Romanian gambling laws, Szilaghi Consulting provides invaluable guidance and assistance throughout the entire licensing process. Their team of experts ensures that all the necessary documentation is prepared accurately and submitted on time, maximizing the chances of a successful application. By partnering with Szilaghi Consulting, you can navigate the complex licensing requirements with confidence, saving time and resources while ensuring compliance and increasing your chances of obtaining the coveted Class 2 gambling license.

Familiarize Yourself with the Regulatory Framework

Before delving into the licensing process, it’s crucial to understand the regulatory framework that governs online gambling in Romania. The primary regulatory body responsible for overseeing the industry is the National Gambling Office (Oficiul Național pentru Jocuri de Noroc or ONJN). Familiarize yourself with the relevant legislation, including Law no. 124/2015 on the organization and operation of games of chance.

The Romanian legislation which impacts gambling activities comprises the following main normative acts:

• Government Emergency Ordinance no. 77/2009 on the organization and operation of games of chance (“GEO no. 77/2009”);
• Government Decision no. 111/2016 for the approval of the Methodological Norms for implementation of GEO no. 77/2009 (the “Secondary Legislation”);
• Government Emergency Ordinance no. 20/2013 on the organization and functioning of the National Gambling Office and for the modification and supplementation of GEO no. 77/2009;
• Government Decision no. 298/2013 on the organization and functioning of the National Gambling Office;
• Law no. 227/2015 regarding the Fiscal Code (“Romanian Fiscal Code”);
• Law no. 207/2015 on the Fiscal Procedure Code;
• The order issued by the President of the National Gambling Office no. 47/2016 for the approval of the content, reports, and access to information transmitted by remote gambling operators to the National Gambling Office;
• The order issued by the President of the National Gambling Office no. 48/2016 for the approval of the procedure for fulfilling the conditions for connecting land-based slot machines and betting-type games of chance; and
• The order issued by the President of the National Gambling Office no. 93/2016 for the approval of the mandatory requirements for certification and audit of the remote gambling systems;
• The order issued by the President of the National Gambling Office no. 89/2018 regarding the unitary interpretation of the provisions of point 7 of the Annex to Order no. 48/2016 for the approval of the procedure for fulfilling the conditions for connecting land-based slot machines and betting-type games of chance;
• The order issued by the President of the National Gambling Office no. 179/2018 regarding the approval of the model of monthly declaration as a standard form for the revenues realized by the gambling operators which carry out gambling activities according to art. 10 para. (1) of GEO no. 77/2009;
• Government Emergency Ordinance no. 114/2018 on the establishment of measures in the field of public investments and fiscal-budgetary measures, for the modification and completion of certain normative acts and for the extension of certain deadlines (“GEO no. 114/2018”);
• The order issued by the President of the National Gambling Office no. 38/2019 for the approval of the method of calculation of the monthly tax provided by art. 53 of GEO no. 114/2018, and for the modification of Annex no. 8 to Order no. 179/2018 issued by the President of the National Gambling Office;
• The order issued by the President of the National Gambling Office no. 400/2019 for the approval of the draft decision regarding the accessory budgetary obligations representing interest and penalties for delay, the procedure regarding the notification of economic operators – licensed gambling organizers, and the draft of the payment notification for the annual contribution provided by art. 10 para. (4) of Government Emergency Ordinance no. 77/2009 on the organization and operation of games of chance, further amended through Order no. 434/2019;
• Law no. 129/2019 for preventing and combatting money laundering and terrorist financing, as well as for modifying and completing normative acts;
• The decision issued by the National Audiovisual Council no. 614 of 11 June 2019 for amending and completing Decision no. 220/2011 regarding the Code of Regulation of Audiovisual Content;
• The order issued by the President of the National Gambling Office no. 404/2020 for the approval of the Minimum technical conditions for verification of the gambling means, amended and supplemented through Order no. 86/2021; and
• Government Emergency Ordinance no. 48/2020 regarding certain financial-fiscal measures. As a matter of principle, the Romanian regulation permits the offering of any of the Relevant Products on the Romanian market, both in land-based and digital/online forms, provided that the necessary licenses and authorization (s) is obtained by the operator intending to offer the respective Relevant Product.
• Government Ordinance no. 15/2022 regarding the modification of the licensing and authorization fees of gambling organizers.

Meet the Eligibility Criteria

To be eligible for a Class 2 Gambling License, you must meet specific requirements set by the ONJN. These criteria generally include:

• Legal Entity: You must establish a legal entity, either a Romanian company or a foreign company with a registered office in Romania.
• Financial Stability: Demonstrating financial stability is crucial. You must provide audited financial statements for the previous fiscal year to prove your company’s solvency.
• Experience: Having prior experience in the gambling industry or a related field is advantageous.
• Technical Infrastructure: You must possess a robust technical infrastructure capable of supporting online gambling operations securely and effectively.
• Criminal Record: The company’s management, shareholders, and key employees should have a clean criminal record.

The National Gambling Office has issued Class 2 licenses for the following categories of B2B suppliers:

• manufacturers, distributors as well as other entities performing activities with gaming means or gaming components (note: this type of Class 2 licence is relevant for the land-based sector);
• software providers;
• providers of platform management and hosting services/data centres;
• providers of live casino streaming services;
• certification laboratories, auditors and conformity assessment bodies;
• payment processors; and
• marketing affiliates.

Prepare the Required Documentation

Gathering the necessary documentation is a vital part of the licensing process. Some of the essential documents typically required include:

1. Application Form: Complete the application form provided by the ONJN, furnishing accurate and comprehensive information about your company and its shareholders.
2. Company Documentation: Include the company’s incorporation documents, such as the Articles of Association, Memorandum of Association, and shareholder registry.
3. Financial Documents: Provide audited financial statements for the previous fiscal year, proving your company’s financial stability.
4. Business Plan: Draft a comprehensive business plan outlining your proposed online gambling activities, marketing strategies, and financial projections.
5. Technical Documentation: Prepare technical specifications related to your gambling platform, including information on security measures, responsible gaming features, certifications, and payment systems.
6. Personal Documentation: Include identification documents and criminal record certificates for company management, shareholders, and key employees.

Submit the Application

Once you have compiled all the necessary documentation, submit your application to the ONJN. Ensure that all the information provided is accurate and up to date. Incomplete or inaccurate applications may result in delays or rejection. At submission, the B2B service provider must pay a processing of EUR 9 500.

Application Review and Verification

The ONJN will review your application and conduct a thorough examination to verify the provided information. This process may involve interviews, background checks, and assessments of your technical infrastructure.

Pay the Required Fees

Upon successful verification of your application, you will be required to pay the relevant licensing fees. According to the regulations, a B2B provider with a Class 2 license in Romania is obligated to pay an annual license tax of EUR 9 500. Additionally, they are required to contribute EUR 1 000 per license annually towards social responsibility activities aimed at preventing gambling addiction. These activities are established in collaboration with the National Gambling Office.

Compliance and Technical Checks

Before granting the Class 2 Gambling License, the ONJN may perform compliance checks to ensure your platform adheres to all the legal and technical requirements. This includes verifying responsible gaming measures, player protection protocols, and data security standards.

Obtain the Class 2 Gambling License

Upon completing all the necessary steps and meeting the ONJN’s requirements, you will receive the Class 2 Gambling License. This license permits you to operate online gambling activities in Romania.

Obtaining a Class 2 Gambling License in Romania involves navigating through a well-defined process and meeting specific criteria. Familiarize yourself with the regulatory framework, compile the required documentation, and submit a comprehensive application to the ONJN. By adhering to the guidelines outlined in this article and ensuring compliance with legal and technical requirements, you can increase your chances of securing a Class 2 Gambling License in Romania and enter the thriving online gambling market.