Lotto is the Germans' favourite game of chance - and even in our classic 6aus49, enormous sums can be won. Internationally, however, there are several other draws that offer considerably larger jackpots and even better chances of winning. One of these is the Spanish Christmas lottery ‘El Gordo’. Every year, thousands of Germans also take part online - and every year there are urgent warnings against such participation, which is actually illegal. In 2024, it seems to be starting particularly early.

The Spanish Christmas lottery ‘El Gordo’, officially known as ‘Sorteo Extraordinario de Navidad’, has become a global event that grows in importance every year.

  • A record sum of over 2.7 billion euros in winnings has been announced for 2024, making the lottery the largest in the world in financial terms. In September, we reported that a player had won 800 million dollars in the US Mega Millions lottery.
  • The exceptionally high chance of success of over 15 per cent per ticket, due to the special numbering system and the numerous prize categories, makes this gambling phenomenon even more attractive.

In Spain, over 90 percent of the population traditionally takes part in the draw on 22 December, which underlines the cultural significance of El Gordo in the country. In our country too, participation has become a firm Christmas tradition for many. Many players use international online lottery platforms for this, often without realising the legal consequences.

According to the German Gambling Act, betting in foreign lotteries without a corresponding licence is prohibited. The providers that offer tickets for El Gordo from Germany operate as so-called secondary lotteries. These have no official licence for the German market and have no direct link to the official lottery, which entails considerable risks in terms of player protection and prize payouts. Despite the prospect of riches, these factors should not be taken lightly.

Speaking of wealth: a few weeks ago, EuroJackpot published an interesting study on what Germans would prefer to buy with a lottery win. In May, conversely, the study focussed on the question of which purchases are rather unattractive.

Experts and supervisory authorities therefore warn against betting with such service providers every year. For the 2024 edition, many relevant hazard warnings can already be found. Increasingly, not only specific risks of loss but also possible penalties for participants are being discussed.

Fines or imprisonment are possible

The annual warnings about participating in illegal lottery offers relating to El Gordo are now almost as established as the lottery itself and are being issued particularly early this year. As early as the beginning of November, the media are increasingly reporting on the considerable risks associated with so-called secondary lotteries.

Secondary lotteries, also known as ‘black lottery bets’, cannot be authorised under German law and are considered unauthorised gambling. The State Treaty on Gambling of 2021 has once again clearly clarified this legal basis and emphasised that such offers are not permitted or remain prohibited. Incidentally, one of the best-known secondary lottery providers, Lottoland, received a German licence in spring 2024. The platform for Germany is not yet live, but one thing is already certain: El Gordo will not be available to play there.

In fact, black market platforms do not allow official participation in a lottery that is authorised in Germany, but only broker bets on the results. Misleading advertising claims and the clever design of their websites often give the impression that you are directly involved in the official draw. However, this is not actually the case. Players do not conclude a legally valid contract with the lottery operator, but only with a ‘middleman’ who is not licensed in Germany. This harbours considerable risks in terms of player protection and prize payouts.

Anyone who takes part in such offers exposes themselves to several dangers:

  1. On the one hand, there is a high risk that any winnings will not be paid out as there is no legal basis for enforcing claims.
  2. On the other hand, you make yourself liable to prosecution, as participation in unauthorised gambling is a criminal offence under Section 285 of the German Criminal Code (StGB). The legal consequences can range from fines to imprisonment of up to six months. It must also be clear to everyone that the winnings made may not be kept, as they come from unauthorised activities.

Such cases are often uncovered through reports from banks and financial institutions:

  • Suspicious transactions with suspected black market providers are reported to the relevant authorities as part of money laundering prevention. Unusually high cash inflows can also attract attention and lead to an investigation. In May 2024, we reported that more and more banks are reporting illegal casino players.
  • If the suspicion of involvement in illegal gambling is confirmed, law enforcement authorities initiate investigative proceedings. Those affected then receive a summons for questioning or search warrants are issued.
  • The legal process can lead to an indictment and ultimately to a conviction, which can cause lasting damage to personal reputation as well as financial penalties.

Conclusion

The Spanish Christmas lottery El Gordo may be tempting with its gigantic sums and high chances of winning. However, the legal pitfalls associated with participating in unlicensed secondary lotteries should not be underestimated. It is therefore advisable to warn against lottery offers for El Gordo in Germany at an early stage. Illegal gambling can have serious consequences, ranging from financial losses to criminal prosecution.

Players in Germany are therefore well advised to adhere to the legal requirements and only take part in licensed games of chance. This way, you can enjoy the anticipation of possible winnings without having to worry about legal issues. In fact, more than 100 new lottery millionaires are made legally in Germany every year.

Image source: https://pixabay.com/illustrations/traffic-signs-usa-trouble-problem-1274312/

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