Austria Online Gambling Law 2026

The Current Law

Austria’s Gambling Act (Glücksspielgesetz) gives the federal state a monopoly over games of chance and lets it grant a limited number of licences. For online casino games there is one: the lottery licence held by Österreichische Lotterien, which operates win2day. That licence was awarded in 2012 for the legal maximum of 15 years and expires on 30 September 2027. Every other online casino available in Austria, whether licensed in Malta, Curaçao or elsewhere, operates without an Austrian licence.

The 2026 Reform

At the end of May 2026 the Finance Ministry presented a draft Gambling Act as the basis for coalition talks. It would end win2day’s online monopoly and allow an unlimited number of online casino licences, granted by a new independent gambling authority rather than the Finance Ministry, which today supervises a market in which the state holds a stake. Licences would run for five years, renewable for ten. Applicants would need minimum capital of €10 million and would have to settle outstanding Austrian court judgments and back taxes, a condition aimed at operators that have served Austria without a licence. Banks would block payments to unlicensed operators on the basis of a blacklist. Player-protection figures such as stake and deposit limits changed between drafts, so the final numbers are not yet known. The planned timetable targets a parliamentary decision in autumn 2026 and licence awards in 2029.

Recovering Losses from Unlicensed Casinos

Austrian courts have consistently held that a gambling contract with an operator lacking an Austrian licence is void, so the player can reclaim losses as unjust enrichment, whether the operator is based in Malta, Curaçao or runs a crypto casino. On 16 April 2026, in case C-440/23, the Court of Justice of the EU ruled that EU law does not prevent national courts from declaring such contracts void and does not bar actions to recover losses. Enforcing a judgment abroad is the harder part: Malta’s Article 56A of its Gaming Act blocks recognition of foreign judgments against Malta-licensed operators, and that rule is itself before the CJEU in case C-683/24.

Crypto

The EU’s Markets in Crypto-Assets Regulation (MiCA) applies: crypto-asset service providers need authorisation from a national regulator, and the transitional periods for firms operating under older national rules ended by 1 July 2026 at the latest. In Austria, the Financial Market Authority (FMA) authorises crypto-asset service providers. For how stablecoin transfers work, see our USDT TRC20 explainer.

Our Position and Help

Until Austria licenses more operators, this page explains the law and does not list or link to unlicensed casinos. Spielsuchthilfe offers free, confidential counselling, and our Responsible Gambling Score explains what good player protection looks like.

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