Responsabilidad por omisión regulatoria de apuestas en línea, y su impacto en los derechos del consumidor.

Abstract

The purpose of this paper is to demonstrate the existing legal problem in Ecuador regarding the regulatory omission in online gambling, a situation that reveals significant legal loopholes and directly affects the legal security of citizens. Although gambling in physical establishments was banned in 2011 following a popular referendum, said regulations do not expressly contemplate the emerging phenomenon of casinos and virtual platforms, which has generated an ambiguous scenario: while local operators have their operations restricted, foreign platforms continue to operate freely and capture the attention of Ecuadorian users. This regulatory gap exposes the State to liability for legislative omission, by not establishing clear rules, controls, or specific sanctions through the Comprehensive Organic Criminal Code (COIP) or other administrative or financial regulations. The lack of objective criteria to typify conduct related to digital gambling can lead to arbitrary interpretations, affecting the principle of legality and compromising both equity and transparency in the application of the law. To support this study, a comparative analysis of foreign legislation will be conducted, as well as a doctrinal review of the State's responsibility in the face of regulatory gaps and the need to establish oversight mechanisms that provide legal certainty to consumers, operators, and institutions state.