Between Gambling and Betting: The Legal Framework for Betting by Sports Entrepreneurs

In Portugal, online sports betting is a legal activity when carried out by duly licensed operators. As a general rule, its legality depends essentially on the platform used and not on the identity of the bettor.

However, this framework changes substantially when the bettor has a direct or indirect functional link to the competition in question.

In this case, the legal analysis requires a reading guided by the principles of sporting integrity, the prevention of conflicts of interest and the safeguarding of competitive truth.

Certain actors in the sporting phenomenon - such as players, coaches, referees, managers, sports entrepreneurs and those responsible for organising entities - are prohibited from practising online gaming and betting, directly or through an intermediary, when they have or may have any direct or indirect intervention in the outcome of events.

The reason for this restriction is obvious: to protect the integrity of competitions and prevent functional proximity to the sporting event from jeopardising public confidence in its regularity.

Although the legal regime for online gambling has a regulatory focus on the operator, it also provides for administrative offence liability for sports entrepreneurs who violate the prohibition on gambling established therein. In such cases, the sports entrepreneur commits a serious administrative offence, punishable by a fine of between €2,500.00 and €25,000.00 and a possible accessory sanction.

There may also be consequences for the sports entrepreneur in terms of the integrity of sport, criminal law and disciplinary law.

In fact, when a sports entrepreneur bets - or has bets placed on his behalf - in relation to the incidences or outcome of any sporting events, races or competitions in which he participates or is involved, the conduct may fall within the realm of criminal liability - even if there is no attempt to bet.

criminal liability - even if there is no attempt to influence the outcome. The conduct is punishable by a prison sentence of up to 3 years or a fine of up to 360 days.

When there is evidence of intervention aimed at influencing the outcome or relevant incidences of a game, event or sporting competition, with the purpose of obtaining an advantage in sports betting, the conduct may be part of the offence of fraudulent sports betting, punishable by imprisonment of up to 5 years or a fine of up to 600 days, without prejudice to any aggravation.

In addition to the criminal aspect, there is also an autonomous disciplinary dimension. Federation regulations classify these behaviours as disciplinary offences, subject to relevant suspensions, and disciplinary and criminal liability can coexist and produce cumulative effects.

In practice, an apparently isolated bet can trigger legal, disciplinary and reputational consequences with a real impact on the exercise of professional activity.

The main conclusion is simple: the legal assessment of betting in the sports context does not end with the legality of the platform. The decisive element lies in the relationship between the bettor and the competition on which the bet is placed.

For the general public, betting is a legitimate form of entertainment. For those within the sporting structure, it can be a serious legal risk factor, with an impact on the perceived integrity of the competitive system.

In a sector based on trust and the authenticity of results, there is little room for tolerance. The boundary between permissible and legally reprehensible behaviour is drawn with particular rigour.