Difference between game of skill and game of chance: legal and practical guide
The distinction between a game of skill and a game of chance comes down to a single criterion: predominance. If the player's skill dictates the outcome, it is a game of skill. If chance prevails over intelligence, it is a game of chance. In France, this legal qualification, defined by Law No. 2010-476, decides the legality of real money stakes and determines whether the National Gaming Authority (ANJ) has jurisdiction.
Fundamental criteria: skill versus chance
The legal qualification of a gaming activity does not depend on its name, but on the mechanics governing its outcome. French lawmakers have drawn a clear boundary based on the player's ability to influence the final result through their own means.
What defines a game of chance?
A game of chance is characterized by an unpredictable outcome over which the player exercises no decisive control. According to Article 2 of Law No. 2010-476, it is a pay-to-play game where chance predominates over skill and intelligence combinations to obtain winnings. Roulette, slot machines, or lottery games are typical examples. The result is completely independent of the participant's will. Chance is pure here. No strategy guarantees long-term success, which statistically exposes the player to a risk of loss.
The concept of skill in games of skill
Skill allows the player to directly influence the result through dexterity, strategy, or knowledge, excluding pure chance. In a game of skill such as billiards or darts, the result depends exclusively on technical mastery and the experience accumulated by the player. Unlike games of chance, there is no random number generator involved. Victory rewards precision and situational analysis. This preponderance of competence over luck excludes these activities from the strict scope of games of chance regulated by the ANJ, as long as no monetary stake alters the dynamic.
Bridge perfectly illustrates this category. Although the card deal introduces an element of initial chance, the required strategic complexity and memory mean that the partners' skill systematically determines the result over time. Backgammon, often cited in legal debates, combines rolling dice (chance) and moving checkers (strategy). It remains widely viewed as a game where skill can offset bad luck, although its legal classification may vary depending on the wagering context.
The role of the stake and the prize
The presence of a real-money stake and the possibility of winnings are essential criteria for defining a gambling game, whether based on chance or skill. For a game to be legally considered gambling, four cumulative conditions must be met: an irreversible stake, the expectation of gain or loss, and an element of chance or skill. The stake transforms a hobby into a regulated activity because it introduces a real financial risk for the player. Even in hybrid games like poker, where skill matters, the presence of stakes and the residual element of chance subject the activity to strict regulation. This aims to protect players from excesses and money laundering.
Legal typology: from pure chance to quasi-skill
Legal qualification is not limited to a simple binary opposition. It incorporates an intermediate zone, known as "quasi-skill", where the line between competence and chance becomes porous. This requires regulatory intervention.
Games of pure and uncontrollable chance
In this category, the outcome is entirely unpredictable. Chance governs games such as the lottery, bingo, or slot machines, where no skill can influence the result. The player is passive. Probabilities are set by the system, guaranteeing operator profitability over the long term. Here, skill is zero. Financial risk is at its maximum because player control is non-existent.
The gray area of quasi-skill
Certain games mix chance and skill, creating a category of quasi-skill. Poker is the flagship example. Although the card dealing relies on chance, strategy and experience significantly influence long-term winnings. Blackjack occupies a similar position. While card counting can theoretically reduce the house edge, the game remains subject to the randomness of the deal and the rules imposed by the dealer. This keeps it within the scope of regulated games of chance.
Sports betting depends on analysis and information, but remains subject to the unpredictability of the sporting event. Legally, these games remain classified as games of chance because the initial randomness remains decisive, despite the real impact of player skill. Backgammon, although highly strategic, often falls under regulation as soon as direct financial stakes are involved. The chance element of the dice remains a significant factor.
How does the law judge preponderance?
The law of May 12, 2010 applies the test of preponderance: does chance predominate over skill and intelligence combinations to obtain winnings? If skill can modify probabilities in a significant and reproducible way, the game could theoretically fall outside the restrictive framework. However, for Poker, Blackjack, and Sports Betting, case law and the ANJ maintain that chance remains sufficient to justify strict regulation. The goal is to protect players against excesses and money laundering.
French legal framework and role of the ANJ
The distinction between skill and chance crystallizes legally around the criterion of predominance defined by Law No. 2010-476. If chance prevails over skill, the activity falls under a State monopoly or strict licensing by the National Gaming Authority (ANJ). Conversely, games where intelligence and dexterity determine the outcome escape this heavy regulation. Unless they mask a random stake prohibited by the Internal Security Code and the Law of May 21, 1836.
The ban on gaming houses and the role of the State
The historical foundation of the prohibition rests on the Law of May 21, 1836, which bans the operation of gambling houses. This provision was incorporated into and reinforced by the Internal Security Code. The Ministry of the Interior plays a crucial role in enforcing these texts. It ensures public order is maintained and oversees the closure of illegal establishments attempting to bypass regulation. This prohibition aims to protect public order by preventing enrichment without counterperformance of labor or skill. However, lawmakers have introduced strict exceptions. Only operators holding an ANJ License may offer games where chance remains major, such as sports betting or online poker.
Regulation by the National Gaming Authority
The National Gaming Authority (ANJ), which succeeded ARJEL, is the independent body responsible for issuing licenses to operators compliant with Law No. 2010-476. This law qualifies gambling not as ordinary commerce, but as an activity subject to strict regulation. This serves to protect minors and fight addiction. The ANJ thus ensures that licensed operators comply with security, transparency, and anti-money laundering obligations. For players, this means that any platform offering betting or poker without ANJ approval operates illegally. Users expose themselves to major financial and legal risks.
Case law and statutory interpretation
The boundary between skill and chance is often contested. The Court of Cassation clarifies the contours of the concept of chance to prevent legal evasions. Case law relies on Article 2 of Law No. 2010-476, which states that a game is a game of chance if chance "predominates over skill and combinations of intelligence". This interpretation is crucial for hybrid games like poker. Although experience and strategy come into play, chance primarily determines the result. This keeps these games within the scope regulated by the National Gaming Authority. Conversely, an esports or video game tournament will remain a game of skill as long as technical randomness (bugs, lag) does not become predominant over the participant's competence. It thus escapes the tax and criminal regime of games of chance.
Concrete examples and practical cases
The distinction crystallizes in the origin of the result: mastered skill or uncontrollable chance. This legal dichotomy determines whether an activity falls under recreational freedom or strict regulation by the ANJ. This directly impacts the legality of financial stakes.
Authorized pure games of skill
Billiards constitutes the archetype of the pure game of skill. The result depends exclusively on the player's physical skill and tactical analysis, without any intervention of chance. Darts illustrates this category. Throwing precision prevails over any random probability, allowing expert players to systematically win against novices. These activities, although they can involve stakes, remain outside the scope of games of chance because the outcome is controllable by human skill. Bridge is also recognized as a major intellectual game of skill. Luck in the deal is neutralized by the tournament system and player competence.
The status of fairground games and raffles
Conversely, the Lottery relies entirely on an unpredictable draw. The player cannot influence the outcome, exposing participants to a statistically unfavorable financial risk. Fairground games, often tolerated under strict conditions (non-monetary prizes, incidental nature), incorporate an element of chance that distinguishes them from pure sports. If a money stake is added to these random setups, they immediately shift into the regulated category of games of chance. They are then subject to state taxes and controls.
Esports and skill competitions
The line becomes porous with Slot Machines, where chance absolutely predominates over intelligence. Any strategy is ineffective in the long run. Unlike competitive video games (Esports) where technical mastery prevails, the slot machine is programmed to ensure operator profitability. It excludes any notion of skill. For players, it is crucial to distinguish these purely random setups from skill competitions. This helps avoid financial losses linked to a false illusion of control.
Player protection and resources
The regulation of games of chance in France is not limited to issuing licenses. It includes a strong obligation to protect players from addiction and fraudulent practices. The ANJ requires licensed operators to implement tools for betting limits, self-exclusion, and identity verification.
For players facing difficulties, specialized resources are available. Joueurs Info Service and SOS Joueurs offer anonymous support and advice to prevent or treat gambling addiction. These organizations work in conjunction with authorities to raise public awareness about the risks associated with games dominated by chance. They serve as a reminder that in these activities, loss is statistically more probable than winning.
About this article - Editorial & responsibility
Author: Sarah Weber - Casino tester & bonus analyst
Reviewed by: Dr. Markus Hoffmann - Senior iGaming Compliance Analyst
Last updated: 2026-08-03.
This article on the "difference between game of skill and game of chance" was written by Sarah Weber and reviewed by Dr. Markus Hoffmann. Both regularly update the content to reflect regulatory developments, licensing, and bonus terms. All references to licenses, authorities, or legal frameworks refer to public sources (ANJ (National Gaming Authority), Law of May 12, 2010 on the opening of online gambling).
About the author
8+ years of casino testing, 200+ platforms personally tested in the EU and internationally. Former member of the eCOGRA Player Advocacy Program (2018-2022). Specialization: wagering requirements, withdrawal processes, customer support evaluation.
About the reviewer
12+ years in the iGaming industry, including 5 years in compliance consulting for operators licensed under the French ANJ framework. PhD in economic mathematics. Fields: bonus mathematics, wagering analysis, player protection measures.
Responsible gambling
Gambling can become addictive. If you feel you are losing control, contact Joueurs Info Service, SOS Joueurs, or use the national self-exclusion register (gambling ban file - FIJ). Set deposit and loss limits before playing for real money. Breaks and cooldown tools are levers for sustainable enjoyment.
Legal notice
The information in this article is provided for editorial and comparative purposes only. It does not constitute legal advice. Players remain responsible for complying with local rules.