DATA CENTRE
EUROPEAN REGULATION
In conjunction with Chris Elliott and Beth French of Wiggin LLP, iGB Affiliate provides a regulatory snapshot of igaming across the EU, including all regulated products, legalised operator types and market updates. Great Britain, Malta, Norway, Slovakia and Sweden are among those updated for this issue
AUSTRIA
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: In 2016, national courts reached conflicting decisions on the compatibility of Austria’ s current gambling legislative framework with EU law, which remains unclear. The draft amendments to the Gambling Act, which would introduce ISP-blocking measures and an express provision rendering gambling contracts contrary to the Gambling Act void, has been temporarily withdrawn. It is unclear at this stage whether the initial draft will be re-published, although any new proposal is considered unlikely before summer 2018.
BELGIUM
Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: All products are available to private operators except for lotteries, which are reserved exclusively for the monopoly provider. However, online operators need to partner with local casinos in order to satisfy the land-based establishment requirement; alternatively, apply for one of the 34 retail licences( F1 licences) that can be extended to cover online( F1 + licence).
Status: There remain valid arguments that the existing regime is incompatible with Belgium’ s EU Treaty obligations. On 22 March, 2018, Belgium’ s Constitutional Court ruled in favour of an exemption from VAT obligations for online gambling transactions. Active enforcement measures against operators and players are in place.
BULGARIA
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 except 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 local licence applications.
CROATIA
Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: All products are available to private operators except 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 2013, it was understood that it would submit new legislation that 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.
CYPRUS
Regulated gambling products: Sports betting, horse race betting and lottery. 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, 2016. ISPs are obliged to implement blocking measures to prohibit Cypriot residents from accessing unlicensed gambling websites. Cyprus has notified new draft gambling legislation to the EC in response to concerns about the local establishment requirement under the Betting Law and the equal treatment of gambling operators in the country( principally as a result of the exemption afforded to OPAP).
CZECH REPUBLIC
Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery.
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
66 iGB Affiliate Issue 69 JUN / JUL 2018