WEBMASTER WORLD
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, legalised operator types and any impending
market updates. Cyprus, Germany, Italy and Spain are among those updated
for this issue.
AUSTRIA BULGARIA 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,
Casinos Austria, which has exclusive rights
until 2027.
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 the next steps are unclear. Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery (ex cluding 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: Any operator from an EU/EEA
jurisdiction or the Swiss Confederation
can apply for a licence. The Bulgarian
regulator has awarded approximately
20 licences to date, including to a number
of international operators. The change
from a turnover to a GGR tax-based system
has prompted a number of operators to
apply for a local licence. Operator Type: OPAP has 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 one-month period only from 3 October
to 3 November, 2016. Following the closure
of the licensing window, the government
announced it would implement blocking
measures with the publication of a blacklist,
and warned local ISP providers that they
would face fines for failures to block sites
offering unlicensed gambling products. The
first sports betting licence was granted in
January 2017. Cyprus notified a new draft
betting law to the EC on 28 June which,
among other things, seeks to remedy an
infringement identified by the EC related to
the obligations of ISPs. The standstill period
ended on 29 September and there is no
indication at the time of going to press if the
EC intends to issue a detailed opinion.
CROATIA CZECH REPUBLIC
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. 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 EU law. However, on
5 March, 2014 the Croatian government
notified a draft bill to embolden the position
of the monopoly and local operators,
giving rise to further incompatibility issues.
The receipt of a detailed opinion from the
EC stalled the legislative process. 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 the Czech
Republic’s gambling legislation became
effective on 1 January, 2017, and allow
EU/EEA companies to apply for online
licences. The first international operator
licence was granted on 28 January, 2017.
The licensing regime has recently been
called into question after at least one
operator announced it will no longer
pursue a licence, citing the current regime
as incompatible with EU law. There is
no transitional/grace period for licence
applicants while awaiting full licensure.
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 land-based establishment
requirement; alternatively, apply for
one of the 34 retail licences (F1 licences)
which can be extended to cover online
(F1+ licence).
Status: The potential for EC infringement
proceedings remains. The introduction of
VAT at 21% of GGR for online games of
chance in 2016 may also be subject to legal
challenge. Active enforcement measures
against operators and players are in place.
CYPRUS
Regulated Gambling Products: Sports
betting, horse race betting and lottery.
DENMARK
Regulated Gambling Products: Sports
betting, fantasy sports, horse race betting,
poker, casino, bingo and lottery.
iGB Affiliate Issue 65 OCT/NOV 2017
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