WEBMASTER WORLD
Operator Type: Sports betting, poker and casino licences are available to private operators. Bingo, lottery and horse race betting( fixed odds only) are controlled by the state monopoly. Bingo and horse race betting to be available to private operators from 1 January 2018. Status: Sports betting, poker and casino licences are available to private operators. Bingo, lottery and horse race betting( fixed odds only) are controlled by the state monopoly. Bingo and horse race betting to be available to private operators from 1 January 2018.
ESTONIA
Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: Licences for all gambling products are available for private operators save that the monopoly has exclusive rights to lottery. Status: Operators seeking to accept business from players in Estonia must be issued an activity licence for the type of gambling they wish to offer, then an operating permit to provide the services remotely. A blacklist of around 1,100 operators is maintained and updated by local authorities and ISP and payment blocking is in force. Though some operators argue that the regime is still not compatible with EU law, there has been no criticism or open challenge by the EC to date.
FINLAND
Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: All gambling products are under the exclusive control of the three monopoly providers, Rahaautomaatiyhdistys(“ RAY”), Fintoto Oy and Veikkaus Oy. The monopolies merged into one state entity as of 1 January 2017. Status: An ECJ ruling confirmed that Finland’ s three monopoly providers are legally permitted, which was subsequently written into law. In November 2013, the EC also withdrew infringement proceedings. Active enforcement measures are in place( restrictive marketing for offshore operators and ISP blocking).
FRANCE
Regulated Gambling Products: Sports betting, horse race betting, poker, bingo and lottery. Operator Type: Private operators can obtain online licences for sports betting, horse race betting and poker. The monopoly has exclusive rights to bingo and lottery. Status: A regulated market since the introduction of a licensing regime in 2010, following which the EC withdrew its infringement proceedings. Parliament announced a full review of French gambling legislation in 2016, although little progress has been made to date except for changes to allow for international poker liquidity and provisions relating to the organisation of esports tournaments. The French regulator is understood to have renewed calls for tax reforms recently amid concern of continued growth in illegal offerings in the country.
GERMANY
Regulated Gambling Products: Schleswig-Holstein, a small Northern German state, regulates sports betting, horse race betting, poker, casino and bingo. The other 15 states of Germany currently only permit sports betting and horse race betting. Operator Type: Private operators can no longer obtain licences in Schleswig- Holstein, and those in existence will expire on 30 June 2019. In the other 15 states, horse race betting licences are available at a regional level but the position surrounding the 20 available sports betting licences is still uncertain. Status: The licensing regime in Germany is in a state of flux. The tender for 20 Federal sports betting licences was abortive, following a number of appeals by operators who were not granted a licence. The CJEU ruled in 2016 that Germany’ s sports betting regulation is incompatible with EU law and that enforcement actions will be unlawful where none
of the 20 licences could, in practice, be acquired. The decision led to calls for comprehensive legal reform of Germany’ s gambling legislation. In March 2017, all 16 German states signed amendments to the country’ s gambling law which will allow for an unlimited number of sports betting licences, although the ban on online casinos will be upheld. The decision to only make minimal amendments has drawn widespread criticism, particularly from the EC and more recently, from political parties in Schleswig-Holstein who are seeking to reject the amendments. Without the support of each state, the intended reforms will not take effect. The amendments are currently scheduled to enter into force on 1 January 2018.
GREAT BRITAIN
Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: All licences are available to private operators save for lottery, which is reserved exclusively for the monopoly provider, Camelot. Status: Any operator that transacts with, or advertises to, British residents requires a licence from the Gambling Commission. Licensed operators are required to source gambling software from Commission-licensed businesses. A corresponding tax rate of 15 % of gross profits was introduced on 1 December 2014. A Gibraltar trade association challenged the taxation regime by arguing that it infringed EU law, but the CJEU ruled in June 2017 that Gibraltar and the UK should, for the provision of services, be considered a single member state as a matter of EU law. On 5 December 2016, the UK government announced that the first use of free-plays for remote gaming will be taxed and winnings will be brought into the duty calculation at the end of the rewagering process. The changes are set to be included in the Finance Bill 2017 and are due to take effect on 1 August 2017. The Horserace Betting Levy Regulations 2017 became effective on 25 April 2017, requiring all gambling operators( including companies based overseas) who offer bets on horseracing in Great Britain to pay a
iGB Affiliate Issue 64 AUG / SEP 2017
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