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Colombia's gambling authority has issued a draft resolution on responsible gambling to replace a 2021 regulation that established initial guidelines on the topic, but which critics say was riddled with errors.
According to law firm Asensi Abogados, the initial 2021 resolution approved by Coljuegos “presented several operational and regulatory challenges that could not be resolved. Additionally, the draft seeks to introduce simpler guidelines to ensure that operators' responsible gambling programs can be effectively implemented and adequately protect users and players from the risks of gambling addiction and problem gambling.”
Juan Camilo Carrasco, a lawyer for Asensi based in Bogotá, said that the old resolution made no sense and that the new draft revokes most of the old version, which had yet to be fully brought into force.
“They included some obligations that cannot be complied by anybody in Colombia; for instance, a central database. The regulator doesn't have a central database.
“[Also] agreements with government institutions that help with gambling addiction, they don't have that. The government doesn't have that. So, how do I comply with this?” he said.
By contrast, the new draft regulation stipulates that operators need a self-exclusion process, in which the player identifies the period of time for which they wish to be “excluded” from the site. The player will not be able to change their mind during that period of time, which is a change from the current regulation.
Operators must also have a responsible gambling program that covers players without risk factors for compulsive gambling, players with risk factors for compulsive gambling and non-players, prioritising minors, young people and the elderly.
If approved by Coljuegos, the changes must be implemented by December 1.
Meanwhile, it appears that the Colombian government's VAT reform will not go forward, to the relief of licensed online gambling operators that risked becoming subject to the additional tax.
According to María Lucía Gómez of Asensi Abogados, “reliable sources have commented that the National General Budget Bill 2025 will not be entirely approved by Congress, bringing as a direct consequence that this VAT inclusion will be removed".
“Additionally, [Colombian gambling operator association] Fecoljuegos and different iGaming market players have been working on making public communications in the media and trying to reach the government in order to explain the consequences of VAT inclusion for the online gaming industry and how this will affect the contribution to the Colombian health system,” she added.
Coljuegos and its president, Marco Emilio Hincapié, have been criticised in recent months for alleged cronyism.
Local media outlet El Tiempo reported in August that Hincapié has been the subject of six complaints to the Colombian Attorney General’s Office, claiming that he favours companies he is involved in when awarding appointments.
