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To prevent excessive gambling and control gambling behaviour, the two lottery companies Swisslos and Loterie Romande implement a holistic social concept. The organisers are legally obliged to take appropriate measures to protect players from excessive gambling. Article 84 of the Federal Act on Gambling stipulates that organisers of large-scale games must submit an annual report to the competent enforcement authority on the effectiveness of the measures taken to protect players from excessive gambling.

As every year, Gespa has analysed the effectiveness reports of the two lottery companies and drawn up an evaluation report based on them. You can find the report on 2023 here.

On behalf of the Swiss gambling authorities Gespa and ESBK, the Swiss Institute for Addiction and Health Research (ISGF) has evaluated data on gambling behaviour in Switzerland for the year 2022. The data comes from the Swiss Health Survey 2022 conducted by the Federal Statistical Office.
 

Of the 18’345 respondents, 63.7 % stated that they had already taken part in a money game at least once in their lives. Slightly less than half of the respondents, i.e. 44.5 %, stated that they had played money games in 2022 (2017: 55.0 %).
 

In 2022, the most frequently played games in Switzerland were Swiss lottery games (39.4 %), followed by other cash games such as tombolas or private games (7.0 %), table games (6.2 %), slot machines machines (4.5 %) in Swiss casinos, Swiss sports betting (4.1 %), amusement arcades/casinos abroad (2.7 %), Swiss online casinos (2.0 %) and gambling with international online providers (0.8 %).
 

For the types of gambling surveyed, higher rates of high-risk and pathological gambling were found in particular for ‘online games at Swiss casinos’ (37.6 %), ‘gambling at international online providers’ (35.2 %), ‘gambling at slot machines at Swiss casinos’ (23.2 %) and ‘sports betting at Swiss lottery companies’ (21.6 %) than for the other types of gambling.
 

The lifetime prevalence of risky (2022: 5.8 %; 2017: 5.7 %) and pathological (2022: 0.8 %; 2017: 0.6 %) gambling behaviour remained largely unchanged between 2017 and 2022. Due to methodological limitations and the special circumstances caused by the coronavirus pandemic during the survey period, it is not possible to directly compare the results for 12-month prevalence of high-risk and pathological gambling behaviour in 2022 with those from 2017.
 

You can access the ISGF study and the accompanying media release here.

Based on the Federal Act on Gambling, Gespa is mandated to prepare an annual report on the use of net revenues from lotteries and sports betting by the cantons.
 

The reporting aims to make the process of the cantons' use of net revenues transparent. All cantons as well as the Principality of Liechtenstein participated in the Gespa survey. Interested parties should be able to trace the allocations in the individual cantons and, if necessary, to make further enquiries directly and specifically with the individual cantons. Gespa itself does not have the authority to influence the use of funds in the cantons in specific individual cases or to qualify them in terms of their conformity with federal law.
 

The report and the data sheets published by the cantons show in advance for which areas (sport, culture, etc.) the funds were used. In addition, information is provided on the allocation and control processes in the individual cantons. Furthermore, a brief assessment of the completeness and stringency of the data provided is made.
 

The data collected from the cantons over the year 2023 and Gespa's summary report can be found here.

Over the course of 2025, Gespa will carry out controls in the terrestrial sales outlets of the two lottery companies regarding the implementation of measures to protect minors in sports betting.
 

Test customers within the meaning of Art. 81(3) of the Ordinance on Gambling will be used for the controls.
 

The previous sample inspections carried out by employees of the Gespa office at the sales outlets of the two lottery companies will continue to be carried out.

The cantons levy a tax on lottery companies for granting exclusive rights to organise events. In accordance with Art. 66 of the Swiss Gambling Concordat (GSK), the ‘prevention’ portion of this levy amounts to 0,5 % of the annual gross gaming revenue generated by lotteries and sports betting and is also referred to as the prevention levy.
 

Gespa has been mandated by the Conference of Cantonal Directors – Money Games (FDKG) to compile a report summarising the use of the prevention levy in the cantons every four years and to publish it on its website.
 

The corresponding report was published today. You can find the report under this link (in German).
 

Among other things, the report shows how much of the levy was allocated to the cantons in the reporting period, for which benefit categories the funds were used and how high the reserves in the prevention levy funds in the cantons are.
 

Gespa also publishes the cantons' Excel forms on the utilisation of the prevention levy every year. The information can be found here (under part “prevention”).

In its annual report, Gespa looks back on its supervisory activities and relevant market developments in 2023.

Over the past few years, an increasing number of irregularities have been identified in the skill-based gaming machine submarket. In 2023, both the frequency and scope of controls for skill-based gaming machines were increased. Licences were again revoked in the reporting year and an administrative sanction was imposed.
 

Gespa published the 2023 statistics on large and small-scale gambling at the same time as the annual report:
 

In the reporting year, turnover of CHF 3,76 billion (+0,05% compared to the previous year) and gross gaming revenue of CHF 1,16 billion (-1,1% compared to the previous year) were generated in large-scale games with lotteries and sports betting organised on an intercantonal, automated or online basis.
 

An average of CHF 420 was staked per inhabitant on lotteries and sports betting organised on an intercantonal, automated or online basis and CHF 291 in winnings were paid out. This results in a theoretical average net expenditure per capita of CHF 129 (-3% compared to the previous year).
 

In the area of inter-cantonal, automated or online games of skill, the 17 organisers reported a gross gaming revenue of CHF 20,8 million in 2023 (+0,3% compared to the previous year). The number of machines at the end of 2023 totalled 1'779 (2022: 2,083).
 

In the area of small games, a total of 1,003 small lotteries (2022: 264) were approved, with the total approved amount of all stakes totalling 17,6 million francs. As in the previous year, four cantons issued a total of eight licences for local sports betting. In addition, 21 cantons (2022: 17) issued licences for small poker tournaments in the reporting year (number of licences for the organisation of small poker tournaments: 123).

The annual report, the media release and the large and small game statistics are available at this link.

Since 2019, Gespa has had the function of the national platform in fighting against the manipulation of sports competitions and is the reporting office regarding competition manipulation.

In total, Gespa received 107 suspicious activity reports concerning 92 competitions last year. The number of reports is therefore higher than in the previous year, which can be attributed to an improved exchange of information, particularly at international level. The international exchange is based on the relevant Council of Europe agreement (the "Magglingen Convention against match-fixing in sport"). In 2023, Gespa again played a central role in this process and shared a total of 21 suspected cases with its foreign partners - more than any other national platform. Cases with a connection to Switzerland remained the exception. In addition to current statistics, this year's report also contains a short section with background information on the legal obligation to report to Gespa.

You can find the report and the media release here.

In view of Loterie électronique's high risk potential, the licences issued by Gespa in 2021 obliged Loterie Romande to exclude barred players from playing the electronic lottery. Loterie Romande appealed against this decision to the Gambling Court, which upheld Gespa's ruling in full. Following Loterie Romande's appeal to the Swiss Federal Supreme Court, the latter referred the case back to Gespa for procedural reasons without commenting on the substance of the case.
 

From Gespa's point of view, suitable technical measures should be taken at the point of access to the game to prevent barred players from participating. However, during the recent instruction of the proceedings, it became apparent that Loterie Romande is not capable of implementing appropriate technical solutions to exclude barred players with the current equipment. In order to prevent the gambling ban from continuing indefinitely due to the ongoing procedure, Gespa has decided to limit the current authorisations. In rulings dated 21 March 2024, it ordered that Loterie électronique may only be offered in its current form until 31 December 2027 at the latest.
 

For the future generation of Loterie électronique (from 2028 at the latest), a technical solution will have to be implemented to effectively prevent barred players from accessing Loterie électronique. It is now up to Loterie Romande to take the necessary steps in good time and to provide Gespa with concrete information on how it will implement this important player protection measure in detail in the new licensing procedure at the latest.
 

The rulings of 21 March 2024 have become legally binding, bringing a lengthy legal procedure to an end.

For the second time after 2019, the two Swiss gambling supervisory authorities are going to publish a study on gambling behaviour and addiction in Switzerland. As previously, the Swiss Research Institute for Public Health and Addiction (ISGF) has been commissioned with the study. The data for the ISGF study are provided by the Swiss Health Survey 2022 of the Federal Statistical Office.
 

The final database including the plausibilised data of the telephone and written survey along with appropriate weightings will be ready for analysis towards the end of 2023. Publication of the study is expected in autumn 2024.
 

The first ISGF study, based on the Swiss Health Survey of 2017, was published on 8 October 2019. It is available here (in German).

Swiss gambling regulation distinguishes between chance-based and skill-based gambling machines. The former are allowed in casinos only, with the exception of the games provided by Loterie Romande and Swisslos. Skill-based games, in contrast, are permissible also in catering establishments such as restaurants and bars. To find out which gambling machines have been approved by Gespa as skill-based games, consult the lists published here.

Only legal persons in possession of the necessary (operator and game) licences issued by Gespa are allowed to operate skill-game machines. For licensing requirements, see Art. 22 and Art. 24 of the Gambing Act. Gespa provides application forms for operator and game licences on request.

Gespa requires operators to ensure that skill-based gambling machines are clearly marked as such, that player protection information as defined in the licensing procedure is put on display, and that skill-game machines are set up only in places where they are in the field of vision of staff or where staff is otherwise able to survey their use in appropriate ways. With the skill-game machines that have been approved up to this point, the minimum age for playing has been set at 18 years.

The cantons may prohibit the operation of skill games at any time by means of legislation (Art. 28 Gambling Act). The cantons of Geneva, Vaud, Neuchâtel, Jura, Valais and Ticino have done so.

In recent months, Gespa has been repeatedly confronted with the question of whether gift vouchers may be awarded as prizes in raffles according to Art. 41(2) Federal Gambling Act (a subtype of small lotteries), in which only non-cash prizes are permitted. What exactly is at issue here and Gespa’s role in this regard is briefly explained in what follows.
 

With the Federal Gambling Act (BGS), the legislator aimed to ensure that all proceeds from lotteries are used for charitable purposes and that gambling-related risks – such as that of fraud – are minimised. To this end, a licensing requirement was imposed also for small lotteries, along with a number of further rules (such as an accounting obligation vis-à-vis the authorities). Responsible for licensing and supervision are the cantons.
 

For the special case of lotteries at social events where only non-cash prizes (such as the classic food baskets) are awarded and where the total value of stakes does not exceed CHF 50000, the legislator has made room for exceptions, since such events hardly pose any relevant gambling risks. Accordingly, neither licensing nor accounting is required.
 

Lotteries with vouchers as prizes, however, differ in character from events with non-cash prizes and are associated with greater risks. This is true of some of the raffles held at small-scale events; but the problem was accentuated in the past by the emergence of actual gambling venues where money games were offered several times a week throughout the year, exclusively with vouchers as prizes. Going by the name of raffles, these events were neither officially approved nor was proper accounting ensured. Where the proceeds ultimately went was therefore not transparent.
 

Against this backdrop, Gespa, in its role as supervisor of small-scale games in the cantons, informed the cantons in autumn 2022 that raffles without a formal license featuring vouchers as prizes are against federal law. Gespa asked the cantons to adapt their practice accordingly if necessary. Implementation of this requirement is the responsibility of the cantons.
 

To restate it plainly: vouchers (as well as precious metals, which raise similar questions) and also cash prizes continue to be permissible in small lotteries under federal law. However, where such prizes are awarded, an authorisation and accounting obligation, along with further provisions applicable to small lotteries, apply (for example, a maximum of two prizes per organiser per year are allowed – and where the actual lottery is run by third parties, these third parties must also pursue charitable purposes). All of this serves to ensure that the proceeds from lotteries are used in their entirety for charitable purposes.

The court decisions 2C_336/2021, 2C_337/2021 and 2C_338/2021 confirm the blockings ordered by Gespa in each of the three proceedings. The technical means implemented by Gespa in cooperation with telecommunications service providers are expressly qualified as proportionate and lawful. Furthermore, the Federal Court makes it clear that Gespa – contrary to the opinion of the complainants – is authorised to impose costs on unsuccessful parties in objection proceedings. In proceeding 2C_336/2021, the complainant disputed whether a game offered by them at all fell within the scope of the Gambling Act. On this point, too, the Federal Court fully confirmed Gespa's position that a money game was at hand.
 

The decisions are the first Federal Supreme Court rulings to deal with core issues of substantive law regarding the Gambling Act, which has been in force since 2019. Gespa welcomes the concise and comprehensive rulings, which not least contain useful reflections on the concept of gambling. The decisions are available at www.bger.ch.

On 1 January 2022, Jean-Michel Cina took over as President of Gespa. He succeeds Jean-François Roth, who had been in post since Gespa (formerly Comlot) was founded in 2006.

Due to further expiring terms of office, Gespa also had to say goodbye to its vice-president and addiction prevention expert, Bruno Erni, and to law professor Jean-Marc Rapp at the end of 2021. Mirjam Weber (addiction prevention expert) and Pascal Mahon were elected to the supervisory board in their place.
 

Letters and e-mails with false promises of lottery or other winnings sent to large numbers of recipients are a widespread nuisance. Senders often purport to be well-established domestic or foreign lottery organisations. Gespa emphatically warns against reacting to such messages in any way. At some point, transfer of the promised prize will require making an advance payment (of a “service fee”, a “tax deposit” or whatever).
 

A similar phenomenon are invitations to coach tours promising giveaways of considerable value. Such promises are made in terms of eye-catching slogans, while the details – which state for instance that participants are mere “nominees” for prizes – are hard to detect and put in small print. Recipients are further lured by claims that the tour is the "last chance" to take hold of the promised object. This type of event amounts to advertising campaigns that use improper means of persuading audiences to make a purchase. Instead of returning home with a prize, many participants will be led to buy useless products at excessive prices.
 

Beware of such dealings!
 

The methods described often verge on fraud that is open to criminal charges, although chances for conviction are slight. The 2012 revision of the Federal Act against Unfair Competition has provided the Swiss State Secretariat for Economic Affairs SECO with new means of intervention to combat improper commercial practices. Thus complaints may be lodged with SECO or Schweizerische Lauterkeitskommission (Swiss commission for fairness). SECO offers alert lists and advice for consumers.

A loot box or loot crate is basically a virtual container (a chest, a bag, etc.) in a video game that contains other virtual items (such as skins, characters or emotes). In so far as their precise content is usually unknown before opening, loot boxes are comparable to lucky dips or football sticker packs. There are many different ways in which loot boxes are made available and opened in video games (free of charge or payable).

Paid loot boxes are viewed critically by many youth and consumer protection organisations. Accordingly, the question arises whether selling loot boxes is permissible under the Gambling Act.

Art. 3(a) of the Gambling Act defines gambling as games that hold out prospects for monetary prizes or other monetary benefits in return for wagering a monetary stake or concluding a legal transaction. There is no general answer to the question whether loot boxes count as gambling in this sense, given that they come in various forms in different video games.

Although loot boxes are usually chargeable, there is often no monetary benefit in store for the player. The point in buying or opening such loot boxes is rather to gain an advantage in the game (so-called pay-to-win) or to give new appearances to in-game characters or equipment by means of skins. There are, however, offers related to loot boxes that do fall under the concept of gambling – among others, so-called skin gambling (see following text). With regard to those, Gespa has ordered access blockings in the past.

There are thus certain constellations where points of contact between loot boxes and gambling arise. However, since many loot box designs do not constitute money games in the sense of the Federal Act on Gambling, the latter provides no suitable instruments to counter undesirable social consequences related to loot boxes in an efficient and comprehensive manner.

Skins as understood by Gespa are virtual objects in video games which serve to change the appearance of game characters or their weaponry. Skins are usually purely aesthetic elements that have no impact on the behaviour of the objects to which they are applied.

Skins from certain video games are the subject of skin gambling on third-party websites. Broadly speaking, skin gambling amounts to using skins – as virtual currency – either to play casino games such as roulette and coin flipping, or to bet skins on eSport events (so-called skin betting). Losing players lose the skins wagered. Winners either receive skins or, depending on the website, can have their winnings paid out in fiat money. Outcomes are a matter of chance or, in the case of skin betting, depend on factors intransparent to the player.

Websites offering skin gambling and skin betting are online gambling operators that require a licence or, depending on the details of the game, a permit from the Federal Gaming Board FGB. Since 1 July 2019, access to illicit websites may be blocked.

Gespa is the supervisory and enforcement authority for skill-based gambling run intercantonally, online or by automated means. As such, Gespa will usually be the right contact for questions concerning the legal situation of eSports events.

eSports is a fairly recent and somewhat elusive phenomenon that comes in many varieties. It may take on features of gaming and gambling, but also, as the case may be, of a fully-fledged sports event; it can be run at relatively clear-cut points in time and space (as e.g. with eSports tournaments), but also online or in hybrid forms. A general and abstract legal assessment of eSports is impossible, given that the concept so far lacks precise definition.

The Swiss Federal Office of Sport (BASPO) currently denies eSports the status of a genuine sport. According to the Office, eSports is just not broadly perceived as a form of sport yet; moreover, it is at odds with the Federal Sport Promotion Act, whose aim as defined in Art. 1 is to increase sports and exercise activities.

As a rule, eSports events will likely qualify as skill-based gambling in the sense of Art. 3(a,d) of the Gambling Act, provided they involve monetary stakes and prizes. Skill-based gambling requires licensing only when run intercantonally, online or by automated means. Where an eSports event qualifies as a wholesale sports competition, it falls outside the scope of application of the Gambling Act (Art. 1(2c)).

Detailed descriptions of planned events may be submitted to Gespa anytime. After thorough review of the documents, Gespa will inform you whether gambling law requires your event to be licensed or if you may proceed without any formal permission.

Both directly and via distributors, WebÔSwiss SA offers its gaming terminals to operators of public facilities such as bars, cafés and restaurants, claiming that these machines are licensed by Gespa. Although the company (or distributors) sometimes present a document – dating from 28 February 2017 and signed by a lawyer – that suggests otherwise, Gespa has never issued any “certificate” or license whatsoever for these machines.

Gespa emphasizes that only Loterie Romande and Swisslos are licensed to offer lotteries and sports betting in Switzerland, and that operating skill games is permissible only in certain cantons. In addition, we point to the fact that casino games may be offered legally only by casinos and that therefore bars, cafés and restaurants cannot figure as lawful operators. If you have any questions in this connection, please refer to the Federal Gaming Board, which is competent if there are indications of an unauthorized operation of casino games.

According to Art. 130 of the Federal Act on Gambling, which deals with “crime and offences”, the illegal execution, organization or provision of these types of games is punishable by financial penalties or custodial sentences of up to 3 years. This applies not least to operators of public facilities where such games are played.

On 1 January 2021, the Concordat on Gambling (GSK) has entered into force. The Concordat replaces the Intercantonal Convention on Licensing and Supervision of Intercantonal and National Lotteries and Bets IVLW. All litigation pending with Comlot and all of Comlot’s rights and responsibilities have been transferred to Gespa.
 

Gespa is an institution under public law. Its executive body, the Supervisory Board, replaces the former Commission. The Comlot secretariat has turned into the Gespa head office.