WEBMASTER WORLD
EUROPEAN REGULATION
In conjunction with Chris Elliott and Beth French of Wiggin LLP, iGB Affiliate provides
a regulatory snapshot of igaming across the EU. Belgium, Ireland and Portugal
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been temporarily withdrawn.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
if the initial draft will be republished.
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.
The Belgian government recently approved
a royal decree restricting advertising for
online gambling, which is expected to enter
into force on 1 June 2019.
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.
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 government has proposed
amendments to the country’s gambling
legislation which, among other things,
would introduce stringent restrictions on
gambling advertising. Active ISP-blocking
is in place.
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.
Operator type: EU and EEA-based
operators are able to apply for licences.
Status: The new gambling regulatory
regime entered into force in the Czech
Republic on 1 January 2017, allowing
EU/EEA companies to enter the market.
The licensing regime has been called
into question after a number of foreign
operators are believed to have withdrawn
from the licensing process, citing the
current regime as being incompatible with
iGB Affiliate Issue 72 DEC 2018 / JAN 2019
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