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The world of gaming apps is a constantly expanding universe, a market that in Italy reached a value of €2.4 billion in 2024, an increase of 3% over the previous year. Smartphones and tablets have become the preferred consoles for millions of people, who entertain themselves with puzzle games, strategy games, or graphic adventures. However, when entertainment mixes with the possibility of winning cash prizes or valuable goods, the line between it and gambling becomes extremely fine, and the regulations become more complex.
Understanding this distinction is crucial not only for developers and industry operators but also for the players themselves. In Italy, gambling is strictly regulated by the Agenzia delle Dogane e dei Monopoli (ADM), the agency that ensures the legality and security of activities related to betting and prize competitions. Navigating this landscape requires knowledge of the laws, awareness of the risks, and a clear understanding of what transforms a simple digital pastime into an activity subject to strict rules.
Italian legislation clearly distinguishes between games of skill (skill games) and games of chance (gambling). The former are those in which the outcome depends predominantly on the player’s skill, while the latter are dominated by chance. This difference is crucial: an app can be considered gambling only if it involves a cash prize and the result is entirely or almost entirely based on luck. Article 721 of the Penal Code clearly defines gambling based on two elements: the profit motive and the element of chance, or uncertainty.
To legally offer games with cash prizes in Italy, operators must obtain a specific license from the ADM. This process is rigorous and requires compliance with stringent technical and economic requirements, such as the use of a .it domain and the certification of gaming systems. The ADM also maintains a “blacklist” of illegal sites and apps, blocking access to protect consumers. This system aims to create a safe gaming environment and combat criminal activities, while also ensuring tax revenue for the state.
In Italy, gaming has deep cultural roots, dating back to the Roman Empire with dice and bets on gladiators. Traditional card games like Scopa and Briscola are an integral part of the social fabric, moments of gathering that unite generations. This rich heritage is merging with digital innovation, giving rise to new forms of entertainment. Modern gaming apps often digitally reimagine familiar dynamics, making them accessible to a global audience. Consider the success of apps that reproduce board or card games, combining nostalgia for tradition with the convenience of technology.
This evolution reflects a broader shift in the leisure habits of Italians, with gaming taking on an increasingly central role as a platform for virtual socialization. The smartphone thus becomes a digital plaza where you can challenge friends to a strategy game or participate in a card tournament, replicating online the social dynamics that once took place only in bars or homes. This blend of past and future is a distinctive feature of the Italian market, where Mediterranean culture also influences how the digital gaming experience is designed and lived.
The distinction between a pure entertainment app and a gambling app is based on three fundamental criteria: the presence of a stake, a prize of economic value, and an element of chance. If an app requires a payment to participate and offers the chance to win cash prizes or prizes convertible to cash, based primarily on luck, then it falls squarely under gambling regulations. It is important to note that even prize contests, such as giveaways, are regulated and require specific compliance measures, such as drafting rules to be submitted to the Ministry of Economic Development.
A practical example can help clarify. A puzzle game where you pay for extra lives is simple entertainment. If the same game, however, required an entry fee to participate in a tournament with a cash prize pool, the situation would change. If victory depended solely on luck, it would be gambling. If, instead, the player’s skill prevailed, it would be a skill game with cash winnings, which is still subject to regulation. Many apps operate in a gray area, using mechanics like loot boxes (virtual prize chests) that are the subject of debate at the European level precisely because of their similarity to gambling.
At the European level, there is no single regulation on gambling. Each member state has its own legislation, creating a fragmented regulatory landscape. However, the European Commission has established some guiding principles, urging countries to protect consumers, with a particular focus on minors and vulnerable individuals, and to prevent fraud and money laundering. Italy, with its licensing system managed by the ADM, is considered one of the countries with one of the most structured and comprehensive regulatory frameworks.
A comparison with other European countries highlights different approaches. For example, some markets are more liberal, while others, like France, apply stricter restrictions on certain types of games. This complex scenario forces international operators to apply for specific licenses for each country in which they intend to operate, adapting to different technical and tax requirements. For players, this regulatory diversity means that protections and rules can change significantly depending on the jurisdiction of the app they are using.
The expansion of online gaming brings not only opportunities but also risks. The first is related to addiction: the easy accessibility via smartphone can encourage problematic gaming behaviors. For this reason, Italian law requires authorized operators to adopt protective measures, such as the requirement of identification to open a gaming account and the option for self-exclusion. Another significant danger comes from illegal gaming. Apps and sites without an ADM license offer no guarantee of fairness and do not protect players in case of non-payment of winnings. This is why it is crucial to always verify that an operator is authorized.
In addition to addiction and fraud, there are risks related to cybersecurity. Cybercriminals can use fake gaming apps to spread malware, steal personal data, or access credentials through phishing techniques. To protect yourself, it is essential to download apps only from official stores, use complex passwords, and be wary of messages promising easy wins. Recognizing the signs of a potentially dangerous app, such as requesting excessive permissions or the presence of fake reviews, is the first step toward a safe gaming experience. The tax issue is another aspect not to be underestimated; it is important to find out if earnings from apps must be declared to avoid penalties.
One of the most recent trends in the gaming world is the Play-to-Earn (P2E) model, where players can earn cryptocurrencies or NFTs (Non-Fungible Tokens) simply by playing. These apps often position themselves outside of traditional gambling regulations, as the prizes are not in fiat currency and the model is based more on skill and time spent than on luck. However, the dividing line is still a matter of legal and regulatory debate. A thorough understanding of these mechanisms is crucial, which is why it is useful to read guides on how to earn crypto by playing in an informed way.
In parallel, skill games with prizes continue to grow in popularity. In these games, such as some online chess or strategic video game tournaments, players pay an entry fee to compete for a prize pool. Since skill is the predominant factor, they are not classified as gambling, but they are still subject to specific regulations to ensure the transparency and fairness of the competition. This category represents an interesting fusion of competition, entertainment, and potential earnings, redefining the boundaries of digital gaming.
The landscape of gaming apps in Italy is a dynamic ecosystem, balanced between entertainment, technological innovation, and a strict regulatory framework. The distinction between a simple pastime and gambling is based on precise legal criteria, defined to protect consumers and ensure the legality of the market. The Agenzia delle Dogane e dei Monopoli plays a central role in overseeing a sector where Italian cultural tradition meets new digital frontiers, such as the Play-to-Earn phenomenon.
For players, awareness is the best form of protection. Knowing how to recognize a legal app, understanding the risks related to data security and problem gambling, and distinguishing between games of skill and games of chance are essential for a safe and responsible experience. In a market worth billions that continues to grow, staying informed is not just a choice, but a necessity to fully enjoy the opportunities offered by digital gaming without falling into the traps of illegal or risky gambling.
The fundamental difference lies in two elements defined by the Penal Code: the profit motive and the element of chance. An app is considered gambling if winning or losing is almost entirely tied to chance and if prizes with real economic value are at stake. Common gaming apps, on the other hand, are based primarily on the player’s skill, and any prizes are virtual, with no direct monetary value.
Many games offer in-app purchases to obtain advantages or cosmetic items (like ‘skins’). These are not considered gambling because the user is buying a defined virtual good. ‘Loot boxes’ represent a gray area: the user pays for random content. In Italy, the discussion is ongoing, but as long as the prizes obtained are not directly and easily convertible into real money, the tendency is not to classify them as gambling, although authorities are monitoring the phenomenon to protect consumers, especially minors.
A legal gambling app in Italy must have a license issued by the Agenzia delle Dogane e dei Monopoli (ADM). To recognize it, look for the ADM logo and the license number, usually visible on the app’s or website’s homepage. Additionally, you can consult the official list of authorized licensees directly on the ADM’s institutional website to be absolutely certain of its legality.
Using illegal apps carries serious risks. Firstly, there is no guarantee of the game’s fairness or the payment of any winnings. Furthermore, your personal and financial data are at risk of fraud. Unauthorized platforms do not offer player protection tools, such as self-exclusion or spending limits, increasing the danger of developing a gambling addiction. Finally, these activities often finance illegal economic circuits.
Generally, no. Fantacalcio is considered a ‘skill game’ because victory largely depends on the ‘fantasy manager’s’ skill in building the team and setting the lineup. Even if money is wagered among friends, the law tolerates it because the element of chance (luck) is not predominant. However, winnings should be declared to the tax authorities as they fall into the category of ‘miscellaneous income.’