Malta’s objection extends EU review of Austria’s iGaming licence reform

Austria’s plans to introduce a competitive online gambling market have encountered a procedural delay at European Union level following a formal intervention by Malta. The development extends the notification period for the proposed gambling legislation until 7 December 2026, giving Austrian authorities additional time to consider the concerns raised during the review process.

The proposed changes represent a significant development for the country's gambling industry. Austria intends to replace its existing online gambling monopoly with an open licensing framework under which multiple qualified operators could obtain permission to serve customers in the country.

Although the extension changes the legislative timetable, it does not automatically mean that the reform will be abandoned or that the planned market opening will be cancelled. Nevertheless, the revised deadline adds pressure to an already demanding schedule, particularly as the existing concession arrangements are approaching their expiry.

Malta’s intervention extends the EU notification period

Austria submitted its proposed amendments to the European Commission on 4 August 2026 under notification reference 2026/0415/AT. The draft covers changes to the Gambling Act and the Telecommunications Act 2021, including provisions concerning online gambling concessions and measures to restrict access to unauthorised services.

The original EU standstill period was scheduled to conclude on 5 November 2026. However, Malta submitted a detailed opinion during the notification procedure, resulting in an extension of the deadline to 7 December 2026.

The notification process forms part of the EU framework for examining national technical regulations and certain rules affecting information society services. It allows Member States to review proposed measures and raise concerns before the relevant legislation is adopted.

A detailed opinion is a formal procedural step rather than a final ruling that automatically prevents a country from introducing its proposed legislation. However, it requires the notifying state to consider the issues raised within the framework of the review process.

For Austria, the additional period means that the authorities will have less time to complete the remaining legislative work before the intended implementation dates.

Austria prepares to replace its online gambling monopoly

The central objective of the proposed reform is to introduce a regulated licensing system for online gambling. Under the current arrangements, Österreichische Lotterien GmbH holds the federal concession covering electronic lotteries and online gambling through its win2day platform.

According to the Austrian Ministry of Finance, the existing concession is valid until 30 September 2027. The proposed legislation would establish a different structure, allowing several operators to apply for online gambling concessions instead of maintaining the current exclusive arrangement.

The parliamentary documentation envisages that new online gambling concessions could be granted from 1 January 2027, with their validity beginning on 1 October 2027.

This timetable is important because it creates a defined transition between the existing monopoly and the proposed competitive market. Operators interested in entering Austria will need to understand the eligibility conditions and prepare for the regulatory requirements before the new concessions take effect.

The legislation remains a proposal rather than an established licensing framework. Its final provisions will depend on the outcome of the parliamentary process and any changes made before adoption.

Strict eligibility requirements for prospective operators

The proposed iGaming licence system would introduce specific conditions for companies seeking permission to operate in Austria. These requirements are intended to establish a regulated market in which applicants demonstrate financial reliability, regulatory compliance and an appropriate approach to player protection.

One of the most significant provisions concerns operators currently providing gambling services without an Austrian concession. Under the draft, these companies must discontinue their relevant activities in Austria by 31 December 2026 if they wish to remain eligible for a new licence.

Operators that fail to comply could face an exclusion period of 18 months. This period is scheduled to increase to 24 months from 2030 under the proposed framework.

Financial and legal obligations would also form part of the application process. Companies would need to settle outstanding tax liabilities and comply with final enforceable judgments arising from player-protection claims.

These conditions could have a considerable influence on how prospective applicants approach the transition. Businesses would need to assess their existing Austrian operations, outstanding legal obligations and internal compliance arrangements before applying.

The Austrian Ministry of Finance has also referred to approximately 20,000 affected players in connection with the reform. The proposal seeks to address outstanding player-protection claims by requiring applicants to satisfy relevant final judgments. However, this figure should not be interpreted as confirmation of automatic compensation for every individual or as a government guarantee of payments.

Stronger player protection and centralised monitoring

Player protection is another major element of the proposed legislation. Austria intends to establish more consistent safeguards across online gambling and other regulated gambling sectors.

A central self-exclusion register would allow gambling restrictions to apply across casinos, gaming machine venues and online platforms. This approach would reduce the fragmentation of existing exclusion arrangements and make it easier to enforce restrictions across different gambling channels.

The proposal would also introduce mandatory deposit limits for licensed operators. Lower thresholds would apply to younger adults aged between 18 and 26, reflecting the government's intention to provide additional protection to this group.

A digital monitoring system would support the implementation of centralised limits across participating operators. Rather than treating each platform as an entirely separate environment, the proposed arrangements would give regulators a mechanism for monitoring gambling activity at a broader level.

For licensed businesses, these requirements would mean investing in suitable technical systems, customer verification procedures and reporting arrangements. Operators would also need to ensure that their internal controls can accommodate the new regulatory standards once the framework is implemented.

New enforcement powers against unauthorised gambling services

The Austrian government also intends to introduce additional enforcement tools to strengthen the regulated market.

Payment blocking would allow authorities to target financial transactions connected with unauthorised gambling services. Network blocking could restrict access to websites that do not hold the required Austrian authorisation. The proposal also includes blacklisting as part of the wider enforcement framework.

These measures are intended to make it more difficult for services operating outside the Austrian licensing system to reach local customers.

Their practical effectiveness will depend on implementation, technical capabilities and the wider regulatory environment. Payment and network restrictions will also need to operate within the applicable legal framework.

For legitimate applicants, effective enforcement could help create a clearer distinction between authorised and unauthorised services. However, the transition will require consistent supervision to ensure that the new framework achieves its stated objectives.

Land-based casino concessions and gaming machine restrictions

The proposed changes extend beyond online gambling. Austria is also planning adjustments to the concession structure for traditional casinos.

The draft provides for a total of 13 land-based casino concessions. Authorities could allocate these permissions in packages rather than awarding every concession separately.

The government has indicated that the approach is intended to reduce competitive pressure between casino operations while supporting player protection and maintaining an appropriate balance between the value of individual concession packages.

However, the packaging arrangement could influence the opportunities available to smaller businesses. Companies interested in entering the land-based sector will need to assess the eventual allocation structure and the conditions attached to each package.

Gaming machines would also face tighter technical requirements. The proposal includes slower game speeds, lower maximum stakes and mandatory cooling-off periods. Parliamentary documentation refers to a maximum stake of €5 per game and a 15-minute interruption after 90 minutes of continuous play.

The proposed framework would also introduce limits for virtual gaming machines available through online gambling platforms.

Together, these provisions demonstrate that the reform is intended to address several areas of gambling regulation rather than simply changing the ownership or licensing structure of the online market.

Legislative timetable remains a key concern

The extended EU notification period creates an additional challenge for Austrian policymakers. The government originally submitted the draft with the intention of progressing towards implementation in 2027.

However, the parliamentary process is another important consideration. As of 5 November 2026, the Austrian Parliament's official legislative record shows that the government bill has been assigned to the Finance Committee but that committee deliberations have not yet begun.

The Austrian Ministry of Finance has previously indicated that parliamentary work can continue during the EU standstill period. Nevertheless, the remaining legislative stages must be completed before the proposed framework can become law.

Operators should therefore distinguish between the requirements contained in the current draft and the final obligations that will apply after adoption. Licensing conditions, technical standards and implementation arrangements could still be subject to revision.

The next stage of the process will be particularly important for businesses planning their Austrian market strategies. The outcome of the EU notification review and progress within Parliament will help determine how much time applicants have to prepare for the new system.

Conclusion

Austria’s proposed gambling reform represents a substantial change in the country's approach to online gambling regulation. The move towards an open concession system could create opportunities for multiple operators while introducing stricter requirements covering financial compliance, responsible gambling and regulatory supervision.

Malta’s detailed opinion has extended the EU notification period to 7 December 2026, adding another procedural stage to an already ambitious legislative timetable. Although the extension does not amount to a rejection of Austria’s plans, it makes the remaining period before the proposed market transition more important.

The changes surrounding the existing concession, the proposed eligibility conditions and the player-protection framework will all influence how the market develops. In particular, operators will need to pay close attention to the deadlines governing existing activities and the requirements for resolving outstanding financial or player-related obligations.

For smaller businesses, the eventual licensing structure and the allocation of land-based concessions may also determine how accessible the Austrian market becomes.

Ultimately, the success of the reform will depend on more than simply replacing the existing monopoly with multiple licences. Austria will need to establish a transparent application process, consistent enforcement and practical safeguards that protect customers without creating unnecessary barriers to legitimate market participation.

The coming legislative decisions will therefore be important for regulators, prospective applicants and consumers alike. Until the final legislation is adopted, the proposed iGaming licence framework should be treated as an evolving regulatory initiative rather than a completed market-opening arrangement.

FAQs

Why has Austria’s gambling reform been delayed?
The EU notification period was extended after Malta submitted a detailed opinion on Austria's proposed amendments to its Gambling Act and Telecommunications Act 2021.

When will the EU notification period end?
The revised standstill deadline is 7 December 2026, compared with the original deadline of 5 November 2026.

What is Austria planning to change about online gambling?
Austria intends to replace its existing online gambling monopoly with an open concession system that could allow multiple qualified operators to provide online gambling services.

Who currently operates Austria’s online gambling platform?
Österreichische Lotterien GmbH is the current federal concession holder and operates online gambling services through its win2day platform.

When does the existing Austrian gambling concession expire?
The Austrian Ministry of Finance lists the current Österreichische Lotterien concession as valid until 30 September 2027.

When could new iGaming licences become effective?
The parliamentary documentation envisages that new online gambling concessions could be granted from 1 January 2027, with their validity beginning on 1 October 2027.

What must existing operators do to qualify for a new concession?
Under the draft, operators providing services without an Austrian concession must discontinue those activities by 31 December 2026. Applicants must also satisfy the proposed financial and legal eligibility conditions.

What happens if an operator fails to meet the transition deadline?
The proposal provides for an 18-month exclusion period for affected operators, increasing to 24 months from 2030.

What player protection measures are included in the proposed reform?
The measures include mandatory deposit limits, lower thresholds for adults aged 18 to 26 and a central self-exclusion register covering multiple gambling sectors. A digital system would support the implementation of cross-operator limits.

Has Austria's new gambling legislation already been approved?
No. As of 5 November 2026, the parliamentary record shows that the bill has been assigned to the Finance Committee but that committee deliberations have not yet begun.