Brazil - regulation of online games

Brazil - Regulation of Online Gaming

Quick Reference

Since December 2023, Brazil has been regulating fixed rates (apostas de quota fixa) not only for sports, but also online games: RNG games, live studios, etc. The regulatory framework is Lei 14. 790/2023 and a series of portaries of the Ministry of Finance in 2024-2025. The authorized regulator is Secretaria de Prêmios e Apostas (SPA/MF). Operators require authorization and compliance with payment/advertising standards; supervision also covers affiliates/payment organizations.

Regulator and legal architecture

SPA/MF: authorizes, rationes, monitors and authorizes fixed-odds and online game operators; maintains a register of acts and certification laboratories.
Lei 14. 790/2023: Expanded frame 13. 756/2018 (sports) on jogos on-line, enshrining basic requirements for ownership, payments, advertising, RG and fiscal appointments.
Regulatory Agenda 2024: Portaria 561/2024 approved regulatory policy and Agenda; then came the basic acts on systems, payments, games, advertising.

Authorization (Portaria 827/2024)

Who can get admission: only legal entities established under Brazilian law, with headquarters and management in Brazil, and with a Brazilian participant share of ≥20% of the capital.

Package of requirements (excerpts): legal/tax integrity, qualifications, technical readiness; owners/officers, financial stability and AML/IS contours are checked. For those operating before the launch of the market, a transitional order is established (feed windows and "adaptation period").

Term and outorga: authorization is issued for 5 years with payment of R $30 million per act (covers up to 3 commercial brands).

Financial covenants: the market interprets the minimum capital and net assets at R $30 million as the industry standard.

Technical standards and certification

Systems and SIGAP: Portaria 722/2024 - general requirements for betting platforms, security, logs and data transfer to the SIGAP state system.
Online games and live studios: Portaria 1207/2024 - criteria for RNG/randomness, pay tables, interface, live games (cards, roulette, crash, balls/numbers, blackjack), RTP/probability transparency requirements.
Laba: SPA accredited eCOGRA, BMM, etc. for certification of platforms and games.

Payments and fund movements

Portaria 615/2024: input/output regulations, prohibition of transactions with illegal operators, requirements for payment providers/banks.
Credit cards: under the SPA/Government line - a ban on paying rates with credit cards and boleto, PIX/debit is allowed (entry from 2025). At the same time, credit/advances from the operator or partners are prohibited.
Blocking illegal immigrants (2025): Portaria 566/2025 obliges financial organizations and payment schemes not to conduct operations to unauthorized operators and report suspicious transactions to SPA.

Advertising and Responsible Gaming

Portaria 1231/2024: uniform communication, advertising and RG rules - misleading marketing, targeting of minors is prohibited; the operator is also responsible for affiliates; RG messages, self-monitoring/self-exclusion processes are required.

Taxes, fees and assignments

Operator: 12% of GGR goes to public appointments by law (industry funds); in addition, federal/municipal taxes (PIS/COFINS, ISS, etc.) and supervisory contributions apply.
Player: 15% deduction from net winnings (over threshold).
Authorization fee (outorga): R $30 million/5 years, up to 3 brands per act.

Roles and perimeter of activities

Agente operador (B2C): accepts online/mobile bets; obligation to comply with games/payments/advertising/RG, telemetry transfer to SIGAP.
Fornecedores (B2B): platforms, games, geo/information security/fraud, payment gateways - for accreditations/contracts; some of the requirements are addressed in SPA portaries.
Affiliates/Marketing: are jointly and severally liable for advertisements/communications.

Go-to-Market Procedure (Reference Roadmap)

1. Pre-filing (0-2 months): incorporation in Brazil, structure with ≥20% Brazilian participant; fin model with 12% GGR + taxes; selection of certificate-laba/payments; RG/AML/information security policies.
2. Application (2-4 months): submission through the SPA portal for Portaria 827: legal/tax compliance, financial criteria, architecture (SIGAP integration), games for 1207, system for 722, payments for 615.
3. Certification/pilots (3-6 months): RNG/game certification, secure builds, logs/logging, RG widgets/limits; coordination of marketing for 1231.
4. Outorga and launch (5-7 months): SPA notice → payment R $30 million (≤3 brands) → go-live; monthly reports, assignment/tax payments, affiliate monitoring.

Operator's checklists

Legal/Ownership

Brazilian legal entity; ≥20% equity - Brazilian member; no conflicts with clubs/leagues.
Outorga R $30M/5 years (up to 3 brands).

Technique and controls

Platform/systems match Portaria 722; logs/SIGAP.
Games/studios correspond to Portaria 1207 (RNG, pay tables, live).
Payments to 615: no credit/boleto/crypto, only authorized funds (PIX/debit), KYC for I/O.

Marketing/RG

Advertising and affiliates - 1231; RG banners/age, no misleading (no risk, etc.).
Self-exclusion/limits, incident reporting.

Fiscal/reporting

12% GGR in assignments + taxes (PIS/COFINS/ISS, etc.).
15% deduction from player winnings (over threshold).

Risks and red flags

Work/payments through unauthorized platforms: channel blocking and SPA measures (566/2025).
Non-compliance 615/2024 by inputs/outputs (credit cards, boleto, crypto).
Incomplete logs/SIGAP, no 722/1207 certifications.
Advertising through affiliates without control (joint liability under 1231).
Failure to meet ≥20% Brazilian participation requirement.

Economics and P&L

12% GGR + taxes/contributions → plan margin taking into account promo limits and loan bans; capex for certification/information security/payments/affiliate control - mandatory.
Multibrand: outorga covers up to 3 brands, more - additional acts and payments.
Payment mix: Betting on PIX/debit boosts conversion, but requires anti-fraud and anomaly monitoring.

Trends 2025

We will put the squeeze on illegal immigrants: banks/paychecks are obliged to suppress operations; sanctions for circumvention.
Clarification of reporting in SIGAP and interpretations of remuneration/bonuses (SPA 2025 standards).
Consolidation of affiliate networks under the requirements of 1231 (joint responsibility).

What's important to remember

Brazil has launched a full-fledged online gaming mode: SPA/MF authorization, portary 827/ 722/615/1207/1231 compliance, local legal entity and ≥20% Brazilian participation are required.
Fiscal: 12% GGR + taxes; 15% - deduction from player winnings.
Outorga: R $30m/5 years, up to 3 brands per act. Payments - no credit cards/boleto/crypto, with a focus on PIX/debit.