Status: Legislation enacted 1 January, 2012 permits betting. To date, only a handful of local land-based operators have obtained a betting licence( including Fortuna, Millenium, STS, E-Toto and Totolotek). Following the approval of various amendments to the Gambling Act in 2016, online gaming( including poker) is no longer prohibited as of 1 April 2017, although the exclusive rights to offer such products are reserved to a state monopoly. Provisions that provide for the establishment of a blacklist of unlicensed operators and ISP and payment blocking entered into force on 1 July, 2017. Totalizator Sportowy, the state-owned monopoly provider for online gaming, has published a call for tender for delivery of its online casino.
PORTUGAL
Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: Any EU / EEA operator can apply to be granted a licence for online gambling. Lottery games and land-based fixed odds sports betting remain reserved for a monopoly. Status: A regulated market since 2015. Although operators can now apply for licences, their Portuguese revenue streams will be subject to comparatively high tax rates, particularly sports betting, which is subject to an 8-16 % tax on turnover. In 2015, the RGA filed a state aid case with the EC challenging the Portuguese betting tax as breaking EU trade rules. Delayed technical standards were introduced in December 2016, paving the way for operators to certify their online systems to obtain a licence.
ROMANIA
Regulated Gambling Products: Sports betting, horse race betting, casino, bingo and lottery. Operator Type: Any operator from an EU / EEA jurisdiction or the Swiss Confederation can apply for a licence. Lottery games remain reserved for the monopoly. Status: The Romanian government passed legislation at the 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. The
Gambling Law( as amended) introduced a legal framework for a fully regulated online gambling market, and requires licences to be held by online gambling operators, as well as software providers, payment processors, affiliates and testing labs. After some delay, the secondary legislation that fully implemented the new licensing regime came into force on 26 February, 2016. The National Office for Gambling in Romania published a blacklist of unlicensed gambling operators in July 2015.
SLOVAKIA
Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: All products are operated by the monopoly save that land-based sports betting operators can offer services online due to a legal loophole. Status: In November 2016, a bill amending the existing gambling legal framework was approved. The amendments, which entered into force on 1 January, 2017, included the introduction of ISP and payment blocking of illegal online gambling offerings in the Slovak territory. Slovakia’ s Financial Directorate began to perform its supervisory function over these blocking measures from 1 July, 2017. Whether amendments will also be made to introduce a formal licensing system remains unclear.
SLOVENIA
Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and 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: The Finance Ministry notified secondary regulations for the operation of online gambling services to the EC on 17 August, 2016. The proposals would remove the cap on the number of licences and the requirement for a local establishment, although sports betting would remain as a monopoly.
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, 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, the first since the market opened in 2012. In addition, 25 online slot permits were issued to new and existing operators. This followed the approval of the regulation of slots and betting exchanges. The Spanish regulatory body has formally announced it will soon launch its third official call for tender, following which applications for online licences will be accepted from operators for a period of one year.
SWEDEN
Regulated Gambling Products: Sports betting, horse race betting, poker, bingo and lottery. Operator Type: Only public benefit organisations, the horse racing industry and the state lottery may obtain a licence. No licences are available for private operators. Status: The Swedish government is under pressure to update its regulations following the commencement of infringement proceedings by the EC. On 31 March, 2017, the government published its longawaited report on the re-regulation of the online gambling market, which includes a proposal to introduce a licensing regime that would allow private operators to obtain a local licence. The report is seen to be a key driver behind draft legislation to be published later this year, with a licensing regime not likely to emerge before 2019. In the interim, a bill that sets out to strengthen the position of gambling monopolies has been submitted to parliament.
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 gambling @ wiggin. co. uk
84 iGB Affiliate Issue 65 OCT / NOV 2017