title: Austria — Market entry in practice: How hard is entry, really? | advennt.io canonical: https://advennt.io/jurisdictions/austria/market-entry/ [Jurisdictions](https://advennt.io/jurisdictions/) [Austria](https://advennt.io/jurisdictions/austria/) Market entry in practice Austria · Question 03 of 11 # Market entry in practice: How hard is entry, really? Unfavourable · Probable · Expert approved · In expert review scope · [Back to full Austria report →](https://advennt.io/jurisdictions/austria/) Key section parameters | Jurisdiction | Austria (AT) | |---|---| | Regulator | Recorded in register | | Favourability | Unfavourable | | Confidence | Probable | | Review status | Expert approved · In expert review scope | | Last collected | 18 Oct 2026 | Summary answer ## Regulated Austria basically has two types of games of chance in the broader sense: actual gambling, and betting According to the Austrian Gambling Act 1989 (GSpG), the legal distinction is determined by the element of chance. If the decision on the outcome of a game depends exclusively or pre… ## Full section analysis ## Regulated Austria basically has two types of games of chance in the broader sense: actual gambling, and betting According to the Austrian Gambling Act 1989 (GSpG), the legal distinction is determined by the element of chance. If the decision on the outcome of a game depends exclusively or predominantly (i.e., at least half) on the skill of the player, it is not a game of chance in the narrower sense, but betting (or skill gaming). In short, this means that the Austrian Gambling Act refers to betting (or skill gaming) whenever skill outweighs the element of chance. However, please also note decision 8 Ob 112/23p, see below. As an exception to this, regardless of the element of chance games of chance within the meaning of the Austrian Gambling Act are: roulette observation roulette poker blackjack two aces bingo keno baccarat baccarat-chemin-de-fer and variations thereof The question of whether a game qualifies as a game of chance in the narrower sense or as a bet is of great practical importance: the former (gambling) falls under the competence of the federal government and is consequently subject to the gambling monopoly stipulated in § 3 Austrian Gambling Act, while betting falls under the (liberalised) regime of the respective province. This means that a betting operator must in principle comply with (provincial) betting laws. There is no uniform federal solution, but nine different betting laws, some of which differ greatly from one another. The Austrian Supreme Court recently held (1 Ob 176/22x, on the recoverability of losses from online sports betting) that the offering, conclusion and brokering of bets through physical conduct falls within the scope of application of the (provincial) betting laws, in the case at stake under provincial laws of Styria (Austrian province). For Styria, the Supreme Court ruled that online betting is not regulated by its betting laws, that this unregulated gap was intended by the Austrian (provincial) legislator and that such activity does not constitute a prohibited activity in this respect. For more information, see: https://stadlerpartner.at/en/insights/losses-from-online-sports-betting-are-not-recoverable-supreme-court-austria In another ruling (8 Ob 112/23p, concerning over-/under-bets) the Supreme Court confirmed that the decisive factor for the legal classification as betting/gambling is not the type of betting product (e.g. over/under bets), but rather the legal distinction between betting and gambling under Austrian constitutional law. According to Austria’s constitutional allocation of legislative powers, the federal government is responsible for regulating games of chance (via the Gambling Act), whereas the individual provinces are responsible for regulating betting. The Supreme Court emphasized that this classification must be made before evaluating whether a game is predominantly based on chance. Consequently, sports bets – including over/under bets – fall under provincial betting laws and not under the federal Gambling Act. As a result, expert evidence (e.g., on the mathematical probability or randomness of such bets) is not necessary in such cases. Unless specifically described in certain licensing guidelines or licensing awarding documents, betting licence(s) are not exclusively limited to Austria or its provinces. Practically, licensees may offer their (online) services into other Austrian provinces or even into other EU Member States on the basis of the freedom of establishment and the freedom to provide services (Art 49 and 56 TFEU). It should be noted that the federal government has committed itself in its current government program to reviewing the suitability of state legislators' competence to regulate betting. This can be seen as an admission by the government that it is aware of the legal difficulties surrounding the distinction between the different areas of authority (i.e. betting/gambling) involved in this issue. However, legislative changes in this area are not expected in the foreseeable future, as this would require an amendment to the federal constitution, which in practice (with nine different Länder and regional governments) has always proven to be an extremely difficult undertaking. ## Market size According to the renowned Austrian market analysis institute Kreutzer Fischer & Partner and its cooperation partner BRANCHENRADAR.com (please note that some of these figures have been further calculated on the basis of publications by them [see below]), gambling and betting stakes reached a total of EUR 21.9 billion in 2022 (amounting to an impressive increase of 36.1% compared to 2021) of which more than 50% (about EUR 11.1 billion) were placed online. Gross gaming revenue (GGR), which represents the difference between stakes and winnings paid out, recorded a moderate year-on-year increase of 21.7%, reaching EUR 2.1 billion. Lottery gaming GGR decreased by 2.1% compared to 2021, reaching about EUR 699 million. Even more notable was the growth in the online sector, which increased by 22.1% to about EUR 708 million. As of 2024, the overall trend continues to be positive: In 2024, gambling and sports betting stakes are projected to grow by +7.1% year-on-year. Gross gaming/betting revenues (GGR) will increase at a slightly slower pace, by +5.9%, due to a marginal rise in the payout ratio (+0.1 percentage points). Market growth is driven primarily by the online sector (gaming and betting), which is expected to expand by +15.4%. Additional gains are seen in lottery games (+3.2%) and retail sports betting (+3.1%). In contrast, casinos (-0.7%) and gaming machines/VLTs (-3.5%) are in decline. For further details, please review the Branchen Radar website (available in German language only) ## Overview of regulated products ## Lotteries This type of gambling is regulated, thus – pursuant to § 14 Austrian Gambling Act – subject to only one available licence, which is held by the monopolist Österreichische Lotteriengesellschaft mbH until 2027. According to the Gambling Act, the term "lotteries" covers a whole range of different games: Lotto: Lotto is a game in which a promoter accepts and processes bets on the likelihood of several numbers being drawn from a predetermined set. The winning numbers are identified by public draw. The total winnings are divided among several prize categories and all prizes from the same category are equal. Football pools: Football pools is a draw in which a promoter accepts and processes bets on the outcome of several sporting events (collective bets). The total winnings are divided among several prize categories and all prizes from the same category are equal. The result of sporting events that are cancelled, do not take place at the appointed time or undergo changes in their competitive nature shall be replaced by a public draw (substitute draw). Add-on-game: An add-on-game is a draw which may be conducted only in conjunction with other games of chance to which the licensee holds the rights. A winning number is identified during a public draw. Players whose betting slip numbers match the winning number in whole or in part win. The total winnings are divided among several prize categories and all prizes from the same category are equal. Instant lotteries (scratch cards): Instant lotteries are draws in which the gambling participants can determine immediately whether they have won by examining their lottery tickets to see whether a prize has been printed on the ticket. Another type of instant lotteries involves draws in which the gambling participant may obtain a possible prize which arises from bets on the chances of symbols or number combinations winning within 24 hours of the game's closing. Class lottery: The class lottery is a draw in which the game shares have chances of winning in several successive sections. The strikes are found out by public drawings of lots. Number Lotto: Number Lotto is a draw in which a promoter accepts and processes bets on the chances of several numbers or symbols winning from a specific set of numbers or symbols. The winning numbers or symbols are determined by public draw. The individual prize is a predetermined multiple of the stake. Number lotteries: Number lotteries are draws in which the game shares are identified by consecutive numbers. The prizes are identified by public draw. Bingo and Keno: Bingo and Keno are draws in which a promoter accepts and processes bets on the odds of number combinations winning, whereas participants win prizes when their chosen number combinations match the winning numbers drawn. Apart from that, so-called "electronic lotteries" also fall under the scope of lotteries: Electronic lotteries are draws in which the player participates directly through electronic media while the outcome is decided centrally and provided via electronic means (cf. "online gambling" below). ## Online gambling All forms of online gambling (except for online betting, see below) are regulated and, as so-called "electronic lotteries" (§ 12a Austrian Gambling Act), subject to the aforementioned "lottery single licence": Electronic lotteries are draws in which the player participates directly through electronic media while the outcome is decided centrally and provided via electronic means. Hence, video lottery terminals (VLT) are likewise covered by the definition of "electronic lotteries" and part of the lottery licence held by the monopolist Österreichische Lotteriengesellschaft mbH until 30 September 2027. However, online betting does not fall under this regime; it is governed by the laws of the nine Austrian provinces. The Austrian federal legislator is currently preparing the license tender for the single lottery license pursuant to the Austria Gambling Act as the current license expires on 30 September 2027. It appears that the federal legislator will not change the system of a combined (lottery) license, which also encompasses the offering of online casinos, such as currently held by Österreichische Lotteriengesellschaft mbH as the de facto monopolist. According to the current government program, however, responsibility for issuing licenses shall be transferred to a newly established independent authority that is not bound by any instructions in order to ensure a transparent and fair issuance. In addition, the federal government has expressed its intention in the current government programme not to renew licences for VLTs, in order to avoid duplication with state-operated gaming machines. ## Land-based casino Land-based casinos are regulated by the Austrian Gambling Act. Currently, a total of twelve (12) land-based casino locations have been allocated (all of them to the de-facto monopolist Casinos Austria AG). Awarding was split into two procedures covering 6 locations each. The so-called "city package" included locations in the Austrian cities of Bregenz, Graz, Innsbruck, Linz, Salzburg and Vienna (with licences valid until 31 December 2027); the so-called "rural package" comprised the municipal territories of Baden, Kitzbühel, Riezlern, Seefeld, Velden and Zell am See (with licences valid until 31 December 2030). These licences cover land-based casino gambling only and are not to be confused with the online gambling single licence (see above). The Austrian regulator is currently preparing the license tender for the land-based casino licenses ("city packages" see above) as the current ones will expire by end of 2027. This potentially marks the last time the current rules will be applied for the license-tender, as the pressure for an amended Gambling Act is rising. For now, however, the current government was not able to agree on an amended version. ## Gaming machines § 5 Austrian Gambling Act regulates provincial draws with gaming machines at fixed, publicly accessible establishments. A minimum of 10 and a maximum of 50 gaming machines can be set up in gaming machine parlours or a maximum of three gaming machines at individual locations. The regulation of gaming machines falls within the competence of the respective state legislator; Vienna, for example, has banned this so-called "small-scale gambling". As of February 2026, six Austrian provinces allow the operation of gaming machines, the latest being Salzburg, which allowed the operation of 472 gaming machines as of January 2026. This form of gambling will not be discussed further in this Jurisdiction Report on Austria. In any case, such provincial gaming machines should not be confused with video lottery terminals (VLT), which are connected to a server and therefore considered online gambling / electronic lotteries (being monopolised; see above). Regarding the government's plans concerning the relationship of gaming machines and VLT´s, please note the remarks in the above section under "Online gambling". The current government program also includes plans to tighter regulate gaming machines (playing time, maximum bets, winnings, game frequency, etc.). ## Betting Betting (including online betting) is a permitted, regulated and licensable activity in Austria. However, the legislative competence lies with the nine provinces, which means that operators are confronted with a fragmented legal situation. This legislative competence covers online as well as offline betting, whereby four provinces, namely Burgenland, Carinthia, Styria and Vienna, do not explicitly regulate the online sector. As mentioned above, the Austrian Supreme Court just recently confirmed this intended legal gap (1 Ob 176/22x, on the recoverability of losses from online sports betting) with the consequence that online betting, offered by a betting operator from a location outside Styria via the internet, is (intentionally) not covered by the regulatory requirements nor does such product fall under the case-law for recovering losses. For more information, see: https://stadlerpartner.at/en/insights/losses-from-online-sports-betting-are-not-recoverable-supreme-court-austria Some of the betting laws in the Austrian provinces have recently been amended or are about to be amended within the few next months. Due to budgetary tightening, this includes amendments to provincial tax laws—For example, effective as of November 2025, Upper Austria substantially raised its tax on betting terminals, from EUR 200 per month to EUR 343. A completely new provincial law is expected to be enacted in Burgenland at some point in the future, as the currently applicable law still dates back to 1919. An amendment to the Tyrolean Betting Operator Act("Tiroler Wettunternehmergesetz"), which includes minor adaptations in detail, was adopted on 11 April 2025. The government of Carinthia announced its intention to update its own betting law, but such intention was not included in the program of the provincial government, so it is unclear whether the update will actually come to pass. ## Skill games Skill games as such are not defined in Austria and not explicitly regulated by gambling or betting laws. ## Supplier/B2B licence Not explicitly regulated. ## Top Key Attractions and Challenges ## Attractions Attractive market with relatively high gambling-related spending per capita Liberalised licensing system for betting Very good all-around infrastructure and favourable jurisdiction in the field of betting, including online betting. Skilled personnel in Austria for (online and offline) betting and gambling No general legal restriction on the applicability of the respective licences (see above) ## Challenges The offering of online gambling, lottery and casino products requires a national licence, while these on-/offline products are monopolised Obligatory physical presence within Austria Rather strict responsible gambling requirements, including AML requirements Risk of reimbursement claims by players in the online gambling sector (in contrast to the online betting sector); therefore, rather high legal uncertainty for online gambling operators