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Latin America’s Regulatory Turning Point

As Latin America’s betting markets accelerate, Beatriz Martorello, VP Legal, LatAm and Regulatory Affairs at Rush Street Interactive, examines how jurisdictions such as Colombia, Mexico and Peru are embedding responsible gaming into evolving frameworks - while warning that illegal market penetration and fragmented regulation continue to test their effectiveness. Martorello will expand on these themes at the IAGA International Gaming Summit 2026 in Sarasota, as part of the “New and Emerging Markets to Watch” panel.

Beatriz Martorello VP Legal, LatAm and Regulatory Affairs, Rush Street Interactive

Responsible gaming, understood as the set of principles, regulatory instruments, and public policies designed to ensure that gambling activities operate within parameters of safety, fairness, and addiction prevention, has evolved from a policy objective within the industry to a structural component of regulatory frameworks in Latin America. The rapid expansion of the digital ecosystem, fueled by growing mobile device usage and the proliferation of online betting platforms, has generated new patterns of risk exposure that have compelled states to review and strengthen their regulatory frameworks. In this context, jurisdictions such as Colombia, Mexico, and Peru have adopted distinct regulatory models, incorporating specific responsible gaming provisions as an integral part of industry regulation, seeking to mitigate adverse externalities, protect consumers, and ensure the sustainable development of the sector.

Colombia represents the leading example in Latin America in establishing a comprehensive regulatory framework for online gaming. Law 643 of 2001 establishes the foundation of the state gaming monopoly over games of chance, administered by Coljuegos, and as of 2016, internet-based gaming was formally authorised. In terms of responsible gaming, the current regulatory instrument is Resolution No. 20244000022654 of October 16, 2024, which repealed the previous regime and introduced a framework centred on promotion, prevention, and self-care. This regulation incorporates specific obligations for operators, including the implementation of self-exclusion mechanisms and the submission of annual compliance reports subject to oversight by Coljuegos. Additionally, by 2026, the formulation of a comprehensive public policy on the matter is projected, reflecting ongoing institutional consolidation.

In contrast, Mexico presents a less developed regulatory structure. Its legal framework is based on the Federal Law on Games and Lotteries of 1947 and its Regulations, most recently amended in the Diario Oficial de la Federación on November 16, 2023. Oversight is the responsibility of the Directorate General of Games and Lotteries of the Ministry of the Interior, within a framework that has historically lacked specific provisions on online gaming and responsible gaming. However, the state itself has acknowledged the obsolescence of the current framework: in 2025, the preparation of a comprehensive reform aimed at regulating online betting was announced, along with legislative initiatives to restrict advertising and strengthen the protection of minors.

Peru, for its part, represents the most recent and technically advanced regulatory development in the region. Law No. 31557 establishes a specific regime for remote games and sports betting, expressly incorporating the protection of vulnerable populations through responsible gaming policies as one of its stated objectives. Its implementing regulations, approved through Supreme Decree No. 005-2023-MINCETUR, operationalise these principles through technical requirements, control mechanisms, and supervisory obligations under MINCETUR. This approach positions responsible gaming as a legally enforceable and cross-cutting obligation for market operations.

Despite these regulatory advances, one of the main factors limiting the effectiveness of responsible gaming frameworks in Latin America is the high penetration of the illegal market. In these environments, operators are not subject to regulatory obligations, which results in the absence of consumer protection mechanisms, self-control tools, and state oversight. This situation generates a significant negative externality by weakening compliance incentives in the formal market and undermining the impact of public policies designed to mitigate gaming-related risks.

A comparison with other jurisdictions is particularly illustrative for understanding the varying levels of development in responsible gaming. Within Latin America, the cases of Argentina and Brazil reveal distinct regulatory paths. Argentina operates under a markedly decentralised model—lacking a specific national law for online betting—in which each province establishes its own regulatory regime, resulting in a fragmented regulatory landscape with heterogeneous levels of development. In this context, the Autonomous City of Buenos Aires stands out as the most advanced jurisdiction: through the City Lottery (LOTBA), it administers the Voluntary Self-Exclusion Registry (ReVA), which constitutes the primary digital self-exclusion mechanism in the country.

Brazil, for its part, has undergone a recent systemic regulatory overhaul. Law No. 14.790 of 2023, together with Decree No. 11.907 of 2024—which created the Secretariat of Prizes and Betting (SPA) under the Ministry of Finance—established the foundations of the regulatory framework for fixed-odds betting in Brazil. This regime began implementation on January 1, 2025, from which point onward the licensing and state oversight system became mandatory for market operators.

As a global benchmark, the United Kingdom—under the oversight of the UK Gambling Commission (UKGC)—offers one of the most developed regulatory frameworks for responsible gambling, establishing itself as an international standard. Its regulatory architecture, based on the Gambling Act 2005 and strengthened by the reforms introduced in the 2023 White Paper (High Stakes: Gambling Reform for the Digital Age ), allows for a clear identification of the existing gaps in Latin America. Most notably, the centralisation of self-exclusion systems stands out: the GAMSTOP programme integrates all licensed operators into a single national database, enabling users to effectively self-exclude from all online gambling platforms for defined periods. Secondly, the British model systematically incorporates the use of data analytics and financial risk assessments. Under the recent reforms, operators must conduct financial vulnerability checks and continuously monitor behavioral patterns to detect early warning signs of risk.

Based on this comparative analysis, three priority areas can be identified for the evolution of responsible gaming in Latin America.

The first involves the implementation of centralised exclusion and blocking systems at the regulatory level. International evidence demonstrates that operator-by-operator self-exclusion mechanisms have limited effectiveness compared to unified systems.

The second area concerns the transition toward data-driven predictive risk detection models. More advanced markets have evolved from reactive approaches toward advanced analytics frameworks, where variables including betting frequency, deposit volume, and session duration are monitored to anticipate problematic behavior before it manifests. Finally, the third area refers to the implementation of mandatory and personalised intervention schemes. Evidence suggests that tiered strategies—including targeted communications, dynamic limits, and progressive restrictions based on risk level – are significantly more effective than standardised approaches.

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