Difference Between Skill-Based and Chance-Based Games: Legal and Practical Guide
The distinction between skill-based and chance-based games hinges on a single criterion: predominance. If the player's skill dictates the outcome, it is a game of skill. If chance outweighs intelligence, it is a game of chance. In France, this legal classification, defined by Law No. 2010-476, determines the legality of monetary stakes and establishes whether the National Gaming Authority (ANJ) has jurisdiction.
Fundamental Criteria: Skill Versus Chance
The legal classification of a gaming activity does not depend on its name, but on the mechanics governing its outcome. French legislators 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 paid game where chance predominates over skill and combinations of intelligence for obtaining the prize. Roulette, slot machines, or lottery games are typical examples. The result there is totally independent of the participant's will. The chance is pure. No strategy guarantees long-term success, which statistically exposes the player to a risk of loss.
The Notion of Skill in Games of Skill
Skill allows the player to directly influence the result through their dexterity, strategy, or knowledge, excluding pure chance. In a game of skill like billiards or darts, the result depends exclusively on the technical mastery and experience accumulated by the player. Unlike games of chance, there is no intervention of a random number generator. Victory rewards precision and analysis of the situation. This predominance of competence over luck excludes these activities from the strict field of games of chance regulated by the ANJ, as long as no monetary stake transforms the dynamic.
The Bridge perfectly illustrates this category. Although the card distribution introduces an initial element of chance, the strategic complexity and memory required mean that the skill of the players systematically determines the outcome over time. Backgammon, often cited in legal debates, combines dice rolls (chance) with piece movement (strategy). It is widely perceived as a game where skill can offset bad luck, although its legal classification may vary depending on the betting context.
The role of the stake and the prize
The presence of a monetary stake and the possibility of winning are essential criteria for classifying a game as a game of money, whether of chance or skill. For a game to be legally considered a game of money, 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 pastime 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 classification is not limited to a simple binary opposition. It includes an intermediate zone, known as "quasi-skill," where the boundary between competence and chance becomes porous. This requires the intervention of the regulator.
Games of pure and uncontrollable chance
In this category, the outcome is entirely unpredictable. Chance governs titles 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, ensuring the operator's profitability in the long term. Here, skill is zero. Financial risk is maximal because player control is non-existent.
The Grey Area of Quasi-Skill Games
Some games blend chance and skill, creating a category of quasi-skill games. Poker is the emblematic example. Although card distribution is random, strategy and experience allow players to 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 field 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 are still classified as games of chance because the initial chance remains decisive, despite the real impact of the player's skill. Backgammon, although highly strategic, often falls under regulation as soon as it is associated with direct financial stakes. The random element of the dice remains a non-negligible factor.
How does the law judge predominance?
The law of 12 May 2010 applies the predominance test: must chance predominate over combinations of intelligence to obtain the win? If skill can significantly and reproducibly modify probabilities, 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 objective is to protect players against excesses and money laundering.
French Legal Framework and the Role of the ANJ
The distinction between skill and chance crystallizes legally around the predominance criterion defined by Law No. 2010-476. If chance prevails over skill, the activity falls under the state monopoly or the strict approval of the National Gaming Authority (ANJ). Conversely, games where intelligence and dexterity determine the outcome escape this heavy regulation. Unless they mask a prohibited random bet under the Internal Security Code and the Law of 21 May 1836.
The Ban on Gaming Houses and the Role of the State
The historical basis for the ban rests on the Law of 21 May 1836, which prohibits the operation of houses of chance games. This provision was taken up and strengthened by the Internal Security Code. The Ministry of the Interior plays a crucial role in the application of these texts. It ensures the maintenance of public order and the closure of illegal establishments that would circumvent regulation. This ban aims to protect public order by preventing enrichment without a counterpart of work or skill. However, the legislature has introduced strict exceptions. Only operators holding an ANJ approval may offer games where chance remains the major factor, 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 granting approvals to operators compliant with Law No. 2010-476. This law classifies games of money and chance not as ordinary commerce, but as an activity subject to strict regulation. This serves the protection of minors and the fight against addiction. The ANJ thus ensures that approved operators comply with security, transparency, and money laundering prevention obligations. For players, this means that any platform offering bets or poker without the ANJ's approval operates illegally. Users are exposed to major financial and legal risks.
Case Law and Interpretation of Texts
The boundary between skill and chance is often contested. The Court of Cassation clarifies the scope of the concept of chance to avoid legal circumvention. Case law relies on Article 2 of Law No. 2010-476, which states that a game is one of chance if it "predominates over skill and combinations of intelligence." This interpretation is crucial for hybrid games like poker. Although experience and strategy come into play, chance essentially determines the outcome. This keeps these games within the field regulated by the National Gaming Authority. Conversely, an e-sports or video game tournament will remain a game of skill as long as technical chance (bug, 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 competence or uncontrollable chance. This legal dichotomy determines whether an activity falls under free play or strict regulation by the ANJ. This directly impacts the legality of financial stakes.
Pure skill games authorized
Billiards is the archetype of a pure skill game. The outcome depends exclusively on the player's physical dexterity and tactical analysis, with no element of chance. Darts illustrate this category. Throwing accuracy takes precedence over any random probability, allowing expert players to consistently beat beginners. Although these activities may involve stakes, they remain outside the scope of games of chance because the outcome is controllable by human skill. Bridge is also recognized as a major intellectual skill game. The luck of the deal is neutralized by the tournament system (rubber) and player expertise.
The status of fair games and raffles
In contrast, the Lottery relies entirely on an unpredictable draw. The player cannot influence the outcome, exposing participants to a statistically unfavorable financial risk. Fair games, often tolerated under strict conditions (non-monetary prizes, ancillary nature), incorporate an element of chance that distinguishes them from pure sports. If a monetary stake is added to these random devices, they immediately fall into the regulated category of games of chance. They are then subject to state taxes and controls.
E-sports and skill competitions
The boundary becomes porous with slot machines, where chance absolutely predominates over intelligence. Any strategy is ineffective in the long term. Unlike competitive video games (E-sports) where technical mastery takes precedence, the slot machine is programmed to ensure the operator's profitability. It excludes any notion of skill. For players, it is crucial to distinguish these purely random devices from skill competitions. This helps avoid financial losses linked to a false illusion of control.
Player protection and resources
Regulation of games of chance in France is not limited to issuing approvals. It includes a strong obligation to protect players against addiction and fraudulent practices. The ANJ requires approved 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 listening 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 of chance. They remind the public that in these activities, loss is statistically more likely than winning.
About this article - Authorship & 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 "difference between skill-based and chance-based games" was written by Sarah Weber and reviewed by Dr. Markus Hoffmann. Both regularly update the content to reflect regulatory changes, licenses, and bonus terms. All references to licenses, authorities, or legal frameworks point to public sources (ANJ (National Gaming Authority), Law of 12 May 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 advisory for operators licensed under the French ANJ framework. PhD in economic mathematics. Areas: bonus mathematics, wager analysis, player protection mechanisms.
Responsible gaming
Gaming can become addictive. If you feel you are losing control, contact Joueurs Info Service, SOS Joueurs, or use the national self-exclusion register (FIJ - register of banned gamblers). 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 regulations.