iGB Affiliate 89_Q1 2022 | Page 65

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REGULATION

EUROPEAN REGULATION

In conjunction with Chris Elliott and Rawa Kaftan of Wiggin LLP , iGB Affiliate provides a regulatory snapshot of igaming across Europe . Austria , Greece , Ireland , the Netherlands and Sweden are among those updated for this edition
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 rights until 2027 . STATUS : The CJEU has held that the Austrian casino monopoly is incompatible with EU law in a number of cases , although national courts continue to reach conflicting decisions on the compatibility of Austria ’ s current gambling legislative framework with EU law and the position remains unclear . In June 2021 , the Austrian Supreme Court held in favour of a player who brought a claim against an operator licensed elsewhere in the EU for a refund of losses on the basis that their contract with the operator was invalid . In February 2021 , the Finance Minister of Austria announced a wide-ranging set of proposals to reform gambling in Austria . Proposals include the establishment of a new independent regulator and the introduction of both website blocking and greater player
protection measures . A draft law formally setting out the proposed reforms had been expected to be published during 2021 but this has so far not happened .
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 for the monopoly provider . Online operators need to partner with a land-based licence holder in order to satisfy a local establishment requirement – or apply for a retail licence that can be extended to cover online . STATUS : There remain valid arguments that the existing regime is incompatible with Belgium ’ s EU Treaty obligations . Active enforcement measures against operators and players are in place . A mandatory , weekly deposit limit of € 500 for all customers of licensed operators is in effect although a draft royal decree adopted in July 2021 will reduce the limit to € 200 once it enters into effect . A draft law to introduce an advertising and sponsorship ban has been submitted to parliament .
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 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 30 licences to date , including to a number of international operators . The government has adopted amendments to the country ’ s gambling legislation to establish a monopoly on lotteries in Bulgaria , with any existing lottery licences revoked with immediate effect following the amendment ’ s entry into force .
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 online
Q1 2022 • ISSUE 89 • 65