Who supervises the National Lottery?

The National Lottery does not fall under the Law on Games of Chance of 7 May 1999, but under the Law concerning the rationalization of the functioning and the management of the National Lottery of 19 April 2002. All other lotteries fall under the Lottery Law of 31 December 1851. The National Lottery is supervised by Sophie Wilmès, the minister competent for the National Lottery.

The management contract of the National Lottery does provide that an agreement may be concluded with the minister of Justice. On the basis of that cooperation protocol between the National Lottery and the Gaming Commission, cooperation already existed in the framework of the 0800-helpline. Apart from that, the Gaming Commission can also be asked - on a contractual basis - to treat complaints concerning the sale of products offered by the National Lottery. At present, the National Lottery is free to determine how the supervision is organized. As it seems, there is indeed room for arrangements but so far, the supervision has not been properly defined.

What is the difference between a game of chance and a lottery?

A game of chance is a game or bet in which placing a stake of any kind results either in the loss of that stake by at least one of the players or betters, or in the winning of whatever nature by at least one of the players, betters or organizers of the game or bet and in which the element of chance is only of secondary importance in the gameplay, the indication of the winner or the determination of the size of the winnings.

A lottery is any public occasion during which the winnings are determined by fortune. A stake is not required, but the game has to be public.
The absence of a stake is a fundamental difference between a lottery and a game of chance. In order to speak of a lottery, a stake is not required. In case of a game of chance on the other hand, a stake is required.

Therefore, an elimination question with no stake is not a game of chance. If there is indeed a stake, we are dealing with a game of chance since an elimination question depends on an event that cannot be predicted (= presence of chance). If a winner is drawn from several entries, the game is also considered a lottery.

Which regulation applies to tombolas?

Tombolas are a form of lottery and fall under the Lottery Law of 31 December 1851. If you would like to organize a tombola, please contact your municipality (in case of a municipal lottery), your province (in case of a provincial lottery) or the FPS Home Affairs (in case of a national lottery).

Contact details FPS Home Affairs:

FR: Ronald RASNEUR - 02/518.24.55 - ronald.rasneur@rrn.fgov.be

NL: Martien BOVIJN - 02/518.20.89 - martien.bovijn@rrn.fgov.be