iGB Affiliate 43 Feb/March 2014 | Page 80

EUROPEAN REGULATION In conjunction with Ash Averill of DLA Piper London, iGB Affiliate provides a regulatory snapshot of the European iGaming markets, charting the regulated gambling products and legalised operator types within each country, and impending market updates (where applicable). AUSTRIA Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery. Operator type: Licences for sportsbetting and horse race betting are available for private operators on a regional basis within Austria, whereas poker, casino, bingo and lottery are controlled by the monopoly, Austria Lotteries. Status: No developments are anticipated in the short-term. BELGIUM Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery. Operator type: All products are available to private operators save for lotteries, which are reserved excl usively for the monopoly provider. Online operators have needed to partner up with local casinos in order to satisfy the land-based establishment requirement; or alternatively, apply for one of the 34 retail licences (F1 licences) which can be extended to cover online (F1+ licence). Status: The Belgium Gaming Commission maintains a ‘blacklist’ of unlicensed operators and has also entered into agreements with entities that ‘facilitate’ unlicensed operators (i.e. ISP providers, hosting services and payment providers). Blocking measures commenced in January 2012 and subsequent decisions from Belgian courts have upheld the validity of the blacklist. The European Commission requested information from Belgium in November 2013 in relation to its gambling regulatory regime, which is one of the first steps the Commission can take towards infringement proceedings. 80 iGB Affiliate FEBRUARY/MARCH 2014 BULGARIA Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery (excluding raffles and instant lottery games). Operator type: All products are available to private operators save for lotteries, which are reserved exclusively for the monopoly provider. Status: Bulgaria’s Gambling Act became law on July 1, 2012, but licences were not available until mid-2013 as further implementing legislation needed to be in force. Any operator from an EU/EEA jurisdiction or the Swiss Confederation can apply for a licence. Recent changes to the tax rate in Bulgaria from a turnover to a gross gaming revenue-based system may prompt more operators to apply for a local licence. CROATIA Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery. Operator type: All products are available to private operators save for lotteries, which are reserved exclusively for the monopoly provider. Status: Since accession to the European Union in July 2013, it is understood plans are being made to update the Croatian gambling regime and remove the requirement to have a local presence in Croatia. CYPRUS Regulated gambling products: Sportsbetting and lottery. Operator type: OPAP has a monopoly over lottery operations and only sportsbetting licences are available to private operators. Status: Cyprus regulated online gambling in July 2012. The government published a blacklist and warned local ISP providers that they would face fines for failures to block sites offering unlicensed gambling products. It is possible that Cyprus will change its gambling regulatory regime following a request for further information by the European Commission in November 2013. CZECH REPUBLIC Regulated gambling products: Sportsbetting, horse racing betting and lottery. Operator type: Online gaming is not expressly regulated, but a limited number of local licences are available for Czech companies with Czech share ownership. Lottery is reserved for the monopoly. Status: A draft law for online gambling regulation was meant to be submitted to the European Commission in June 2013, ensuring compliance with EU laws and creating a comprehensive online gambling regime. However, due to a fall in government, the process has stalled. A request for further information by the European Commission in relation to its gambling regulatory regime should prompt the Czech Government (once established) to amend its current laws. DENMARK Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery. Operator type: Sportsbetting, poker and casino licences are available to private operators. Bingo, lottery and horse race betting (fixed odds only) is controlled by the state monopoly. Status: The Danish online gambling regime went live on January 1, 2012.