Austria: Draft bill entered parliamentary consultation

Background

Austria’s governing coalition — ÖVP, SPÖ and NEOS — has agreed a sweeping overhaul of the Gambling Act. The draft bill entered parliamentary consultation on, Monday 29 June 2026. Lead negotiators Andreas Ottenschläger (ÖVP), Jan Krainer (SPÖ) and Christoph Pramhofer (NEOS) call it the biggest reform of the law in 26 years. Two pillars: tougher player protection, and a ground-up rewrite of online licensing.

Timing

No formal Council of Ministers resolution is public yet. What is public: the draft amendments went into parliamentary consultation today. Next comes TRIS — the draft must be notified to the European Commission, says Vienna-based gambling lawyer Arthur Stadler, triggering a standstill of at least three months before parliament can hold a final vote. Extensions are possible.

Cooling-off / non-offering period

The bad-actor clause has three teeth: retroactive tax payment, settlement of player claims, and a non-offering period. On the last point: Under the draft, operators must clear that freeze properly: from 1 January 2027 until the licence is actually granted, they have to shut down their existing unlicensed online offering. Fail to comply, and the penalty escalates fast: any operator that doesn’t observe the cooling-off phase faces an 18-month lock-out from licensing altogether. Stadler’s math: That’s a minimum nine-month freeze, 1 January to end-September 2027 at least depending when the licenses are awarded individually. It looks like that first license might be granted to those new market entrants adopting such early blackout, timewise landing exactly after the moment when Austrian Lotteries’ win2day concession expires on 30 September 2027.

The bad-actor clause has three teeth: retroactive tax payment, settlement of player claims, and a non-offering period. On the last point: Under the draft, operators must clear that freeze properly: From 1 January 2027 until the licence is actually granted, they have to shut down their existing unlicensed online offering. Fail to comply, and the penalty escalates fast: any operator that doesn’t observe the cooling-off phase faces an 18-month lock-out from licensing altogether. Stadler’s math: the legislator has, without saying so explicitly, built in an incentive structure. The floor is a nine-month freeze — 1 January through end-September 2027 — though actual length depends on when individual licences get awarded. The likely sequencing: new entrants who front-load the blackout early position themselves first in line, with awards landing right after Austrian Lotteries’ win2day concession expires on 30 September 2027.

Contradiction

Stadler sees a basic contradiction baked into the package. “Two of the three major elements work against each other. If the Finance Ministry wants to maximise retroactive tax recovery, a mandatory blackout period hands you a tax base of zero for that exact stretch. You can’t optimise for both. Operators are left asking whether the real goal is revenue or exclusion.”

Austria as a high-tax jurisdiction

Beyond the clearance condition — and an unresolved question of whether repaid player amounts can be offset against ongoing tax liabilities — sits the headline number: a 45% GGR tax rate. That puts Austria in elite company, in the same bracket as the UK (40% from April 2026) and the Netherlands (37.8%). “It’s a top-of-the-table tax rate for a market that doesn’t even have a functioning licensed channel yet,” Stadler says. But the tax rate alone doesn’t tell the whole story, he adds. “Even at 45% GGR, whether Austria actually functions as a licensed market depends on the regulatory mix around it (player protection rules, advertising limits, deposit and stake caps, AML obligations and more). You have to look at the framework as a whole and ask whether it’s actually attractive enough for new entrants. That’s the kind of detail that decides whether the channelisation target is achievable.”

Author: Arthur Stadler | STADLER PARTNER

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