iGB Affiliate 68 April/May | Page 67

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. Status: The Danish online gambling regime went live on 1 January, 2012. ISP-blocking measures are active in the jurisdiction and the Danish Gaming Authority has been granted an injunction to block operators and suppliers that have been targeting Danish customers without the requisite licence. Denmark recently passed amendments to the country’s gambling legislation, opening up online bingo and horse race betting markets to private operators, effective from 1 January, 2018. ESTONIA Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: Licences for all gambling pro ducts are available to private operators save for lotteries, which are reserved exclusively for the monopoly operator. 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 about 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 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, Raha- automaattiyhdistys (“RAY”), Fintoto Oy and Veikkaus Oy. The monopolies merged into one state entity on 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. ARJEL has reached an agreement with regulators from Portugal, Italy and Spain to allow for international poker liquidity, with the first licence to operate cross-border shared liquidity granted in December 2017. 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 permit only 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 is in a state of flux. The tender for 20 federal sports betting licences was aborted, following a number of appeals by operators that were not granted a licence. The ECJ ruled in 2016 that Germany’s sports-betting regulation was incompatible with EU law and that enforcement actions would 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. However, on 22 September, 2017, Schleswig-Holstein’s state parliament voted against ratifying these, with North-Rhine Westphalia and Hesse since announcing their intention to follow suit. Without full state support, the intended changes did not take effect, further delaying reform. A Federal Administrative Court ruling on 26 October, 2017 upheld the ban on online casinos and poker. The ruling appears to have led to some action by local regulators to seek to enforce the prohibition on online casino by issuing interdiction letters to operators. Payment- blocking initiatives are also being pursued. 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. Since 1 August, 2017, 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 Horserace Betting Levy Regulations 2017 became effective on 25 April, 2017, requiring all gambling operators (including companies based overseas) that offer bets to UK-based bettors on horse racing in Great Britain to pay a 10% levy on the profit on those bets where that profit exceeds £500,000 a year. GREECE Regulated Gambling Products: Sports betting, horse race betting and lottery. Operator Type: All products are exclusively reserved for the monopoly providers although 24 transitional licences for private operators remain active, with all products permitted. iGB Affiliate Issue 68 APR/MAY 2018 63