WEBMASTER WORLD
2012 only permits betting and only four
licences were granted to local companies
(Fortuna, Milenium, STS and Totolotek).
The recent amendment to Poland’s
Gambling Act removes the requirement
to incorporate a separate Polish limited
liability or joint stock company.
In November 2014, in an increased
effort to narrow the grey market, the
Polish government initiated more than
1,100 criminal investigations against
players using unlicensed sites, who each
face up to three years’ imprisonment.
PORTUGAL
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo, lottery.
Operator Type: Monopoly for all
products, but changes imminent.
Status: Portugal’s online gambling
legislation was passed by Parliament
in late February and came into force
on 29 June 2015. While operators can
now apply for licences, their Portuguese
revenue streams will be subject to
comparatively high tax rates, particularly
sports betting, the subject of a 8-16% tax
on turnover. The RGA recently filed a
state aid case with the EC challenging
the Portuguese betting tax as breaking
EU trade rules.
There is no deadline for the licensing
window or limit on the number of
licences that may be issued. Delayed
technical standards were introduced
on 23 December, paving the way for
operators to certify their online systems
to obtain a licence.
ROMANIA
Regulated Gambling Products: Mutual
horse racing, parimutuel sports betting
and lottery.
Operator Type: Regulation pending
Status: The Romanian government
passed legislation at the very end of
2014 that allows entities within the EU
to apply for a licence, imposes a reform
on licence fees and eliminates many (but
not all) of the tax burdens placed on
player revenues. Secondary legislation,
setting out the details and requirements
for licensing, was notified to the EC
in April and implemented on 12 June
2015, initiating a 90-day period in which
operators may apply for an interim
licence which would be valid until 31
December 2015. The law includes a
provision requiring prospective licensees
to pay back-taxes (20% of GGR) if they
have taken Romanian customers dating
back to December 2010 or risk criminal
charges. The regulator has stepped up
enforcement attempts by publishing a
blacklist of unlicensed gambling products,
whilst a number of large European
operators have challenged the regulator’s
decision on the award of licences. The
resignation of Romania’s prime minister
in November has cast uncertainty as
to whether the implementation of the
regulations will be delayed.
SLOVAKIA
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo, lottery.
Operator Type: All products are
operated by the monopoly save that landbased sports betting operators can offer
services online due to a legal loophole.
Status: No developments anticipated.
SLOVENIA
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo, lottery.
Operator Type: Online gambling must
be operated by land-based casinos
or lotteries and, as a result, only the
monopoly holds online licences in
Slovenia.
Status: Slovenia has published a
new draft gambling law but it seeks
to reserve its restrictive position on
gambling. The law has not yet been
voted on in parliament and a timeline for
implementation is unclear.
SPAIN
Regulated Gambling Products: Sports
betting, horse race betting, casino, poker,
bingo and lottery.
Operator Type: Private operators can
apply for licences for all gambling
products save for lottery.
Status: The first online licences were
issued on 1 June 2012. Under the law,
online operators must hold a general
licence and a specific licence for each
activity from the National Gambling
Commission. In June 2015, 10 new
licences were awarded to new operators,
the first new licensees since the market
opened in 2012. 25 online slot permits
were also issued to new and existing
licensees, following the approval of the
regulation of slots and betting exchanges.
SWEDEN
Regulated Gambling Products: Sports
betting, horse race betting, poker, bingo
and lottery.
Operator Type: Only public benefit
organisations, the horseracing industry
and the state lottery may obtain a licence.
No local licences for private operators.
Status: The Swedish government is
under pressure to update its regulations.
The commencement of infringement
proceedings by the EC appeared to
mobilise the Government but recent
statements have suggested that updated
regulation to permit private operators to
obtain a licence may not emerge in the
short-term. A government-commissioned
inquiry recently proposed amendments
to the Lotteries Act which would remove
the differences between the sanctions
imposed on advertising by unlicensed
foreign and unlicensed domestic operators.
The Government has confirmed it
is proceeding with an investigation
into reforming the law with a view to
potentially opening the market to private
operators in due course. The review will
conclude at the end of March 2017.
Wiggin is a law firm dedicated to supporting the media,
entertainment and gaming sectors. Its market-leading
Betting and Gaming group provides specialist legal services
to an array of gambling industry stakeholders. We advise
many of the world’s leading gambling operators and
suppliers and also enjoy helping entrepreneurial, interactive
start-up businesses. If you’d like to hear more, contact us at
[email protected].
iGB Affiliate Issue 55 FEB/MAR 2016
87