iGB Affiliate 48 Dec/Jan | Page 92

EUROPEAN REGULATION In conjunction with Christopher Elliott of DLA Piper London, iGB Affiliate provides a regulatory snapshot of iGaming markets across the European Union. This includes all regulated products and legalised operator types within each country, and any impending market updates. AUSTRIA BULGARIA CYPRUS Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: Licences for sports betting 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: It is understood that the compatibility of Austria’s monopolistic gambling laws with European law may be scrutinised further following aggressive marketing pra ctices by Austria Lotteries and a recent ECJ decision regarding the restrictions imposed on gaming machines. Even so, the Member State has proposed changes to its regulations (notably a ban on in-play betting) to help curb match fixing, measures with the Austrian Bookmakers Association has agreed to implement. Regulated Gambling Products: Sports betting, 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 1 July 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. The Bulgarian regulator has now issued 12 licences, including to a number of leading international operators. Changes to the tax rate in Bulgaria from a turnover to a gross gaming revenue based system has prompted a number of operators to apply for a local licence. Regulated Gambling Products: Sports betting and lottery. Operator Type: OPAP have a monopoly over lottery operations and only sports betting 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. In response to a request for further information by the EC in November 2013, Cyprus has notified draft legislation to the EC. However, the draft only addresses the criticism of the requirement to have a local establishment. The EC standstill period ended on 6 October but commentary from the EC has not been published. BELGIUM CROATIA Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: The new Belgian government has published a coalition agreement which proposes to increase the number of land-based casinos from 9 to 11. Accordingly, this will allow online operators to team up with the new casinos to offer casino products online. Further restrictions and a tightening of the legal framework is also proposed, with three decrees having been notified to the EC (relating to the type of games that can be offered and limitations on such games as well as the monitoring and control of online games). It is uncertain if the proposed changes will be implemented this year. The potential for EC infringement proceedings remains. Regulated Gambling Products: Sports betting, 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: Following Croatia’s accession to the EU in July 2013, it was understood that the Member State would submit new legislation to the EC that was compatible with European law. However, on 5 March 2014 the Croatian government notified a draft bill which seeks to embolden the position of the monopoly and local operators. Only land-based casinos and betting operators can apply for a licence pursuant to the draft bill and ISP blocking is also proposed. 90 iGB Affiliate Issue 48 DEC/JAN 2014/2015 CZECH REPUBLIC Regulated Gambling Products: Sports betting, 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 bill has been published which creates a local licensing regime for all gambling activities together with stringent enforcement measures for any unlicensed operators. The government hopes that the draft bill can be implemented by 2016. DENMARK Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: Sports betting, poker and casino licences are available to private