Guide to the Class II license issued by ONJN for ancillary activities in the gambling industry: the difference from the Class I license and the categories of providers who need it.
In brief
- What it is: B2B license for ancillary activities in the gambling sector, issued by ONJN
- For whom: software and game providers, platforms, payment processors, affiliates, certifiers, auditors
- What it does not allow: operating games in direct relationship with players — this remains reserved for the Class I license
What the Class II license means
The Romanian regulatory system, built on Government Emergency Ordinance no. 77/2009 and Government Decision no. 111/2016, operates on two main levels. The Class I license belongs to the gambling organizer (B2C) — the entity in direct contract with the player who actually operates the game.
The Class II license is a special-regime document conferring the right to carry out ancillary activities — B2B services to the gambling industry: software provision, platforms, payment processing, affiliation, certification, and audit. A Class II license holder is not a B2C operator and cannot enter into direct relationships with players.
The law allows contractual cooperation between both classes: operations may be carried out jointly by companies holding Class I and/or Class II licenses on a contractual basis. Arrangements — explicit or disguised — that would allow an unlicensed entity to benefit from gambling activity are prohibited.
Who needs the Class II license
The basic rule: not every service provider to a gambling organizer needs Class II, only those carrying out an ancillary activity specifically listed by law.
Class II covers: providers of management and gaming platform hosting facilities, producers and distributors of specialized software (including game aggregators and live casino), payment processors serving gambling operations, affiliates, certifiers, auditors, and conformity assessment bodies.
Who does not need it
The following do not automatically fall within the scope: generic IT services, telecommunications (expressly excluded), accounting, legal consulting, and standard advertising without an affiliate component. In grey areas — for example, generic hosting vs. gaming platform hosting facilities — classification is analyzed on a case-by-case basis.
Frequently asked questions
Can a Class II licensee work directly with players?
No. The relationship with the player belongs exclusively to the Class I licensed gambling organizer. The Class II provider supplies services to the licensed organizer, not to players.
Do I need a separate license for each activity?
Yes. The license is granted per type of ancillary activity. A company providing both software and a platform needs to be licensed for each activity, with an annual fee for each.
Can a foreign company obtain the license?
Yes, if legally established in an EU/EEA member state or Switzerland.
Does providing software constitute organizing games?
No. A software, platform, or technical services provider does not become an organizer merely by providing its service.
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