EUROPEAN REGULATION
In conjunction with Chris Elliott and Beth French of Wiggin LLP, iGaming
Business 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, Greece and Sweden 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 (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: 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.
Both the EC and Malta have issued
comments and the standstill period has
been extended to 29 December.
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.
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iGB Affiliate Issue 66 DEC 2017/JAN 2018
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.