EUROPEAN REGULATION
In conjunction with Chris Elliott and Beth French of Wiggin LLP, iGB Affiliate provides a regulatory snapshot of igaming markets across the EU. This includes all regulated products and legalised operator types, and any impending market updates. Denmark, Germany and Poland are among those updated for this issue.
AUSTRIA
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: An appeal challenging Austrian tax legislation is seen as a test case by other offshore operators targeting Austrian business in 2016 court decisions reached conflicting decisions on the compatibility of Austria’ s current gambling legislative framework with EU law, which remains unclear. The Austrian government put forward a proposal to block unlicensed offshore operators targeting the country, although next steps are unclear.
BELGIUM
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. However, online operators need to partner up with local casinos in order to satisfy the landbased 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 regulator recently introduced rules to prevent live casino products being offered to players unless the dealers are physically in Belgium. The potential for EC infringement proceedings remains. The Belgian government has applied VAT of
21 % on online gambling transactions with effect from 1 July 2016.
BULGARIA
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 subsequently issued licences, including to a number of international operators, and recently removed the restriction on Gibraltar-based applicants. The change from a turnover to a GGR tax-based system has prompted a number of operators to apply for a local licence.
CROATIA
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, reserved exclusively for the monopoly provider. Private operators can only be licensed to offer igaming if they obtain a land-based casino or betting licence. Status: Following Croatia’ s accession to the EU in July 2013, it was understood it would submit new legislation which 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. The draft bill still stipulates that only landbased casinos and betting operators can apply for a licence. ISP blocking is also proposed. The receipt of a Detailed Opinion from the EC stalled the legislative process.
CYPRUS
Regulated Gambling Products: Sports betting, horse race betting and lottery. Operator Type: OPAP have a monopoly over lottery operations; sports betting licences are available to private operators. Status: Cyprus regulated online betting in July 2012, although a licensing regime was not established until 2016. Applications for online sports betting licences were accepted for a onemonth period only from 3 October to 3 November 2016. Following the closure of the licensing window, the government announced they would implement blocking measures with the publication of a blacklist, and warned local ISP providers that it would face fines for failures to block sites offering unlicensed gambling products. The first sports betting licence was granted in January 2017.
CZECH REPUBLIC
Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: EU and EEA-based operators are able to apply for licences. Status: Amendments to Czech Republic’ s gambling legislation became effective on 1 January 2017, and allow EU / EEA companies to apply for online licences. A delay in issuing detailed secondary regulations meant that no applicants were granted licences ahead of the introduction of the licensing regime. The first licence was granted on 28 January 2017. No transitional / grace period for licence
60 iGB Affiliate Issue 62 APR / MAY 2017