iGB Affiliate 89_Q1 2022 | Page 69

their Portuguese revenue streams are subject to comparatively high tax rates , particularly in sports betting . Portugal ’ s 2020 Budget will implement changes to the current taxation rates applicable to selected gambling products offered online . The Portuguese government has instituted legislation that imposes a partial or total ban on online gambling for the duration of the Covid-19 pandemic . The legislation does not state the specifics on the limitations , but it is understood that it will apply to online casino only ( if implemented ).
ROMANIA REGULATED GAMBLING PRODUCTS : Sports betting , horse race betting , casino , bingo and lottery . OPERATOR TYPE : Any operator from an EU / EEA jurisdiction or the Swiss Confederation can apply for a licence . Lottery games remain reserved for the monopoly . STATUS : The Gambling Law ( as amended ) introduced a legal framework for a fully regulated online gambling market and requires licences to be held by online gambling operators , as well as software providers , payment processors , affiliates and testing labs . After some delay , the secondary legislation that fully implemented the new licensing regime came into force on 26 February 2016 . The gambling regulator actively polices the regime and notifies ISPs to block blacklisted websites .
SLOVAKIA REGULATED GAMBLING PRODUCTS : Sports betting , horse race betting , poker , casino , bingo and lottery . OPERATOR TYPE : Private operators can apply for licences for online casino as of 1 March 2019 and for sports betting licences from 1 July 2019 . Lottery and bingo remain reserved for the monopoly provider . STATUS : The requirement that only landbased Slovenian operators are eligible for licences is considered by certain industry stakeholders to be incompatible with EU
law . In September 2021 , draft amendments to the Gaming Act were published by the government that seek to address the Act ’ s compatibility with EU law . The amendments are currently under discussion in parliament .
SLOVENIA REGULATED GAMBLING PRODUCTS : Sports betting , horse race betting , poker , casino , bingo and lottery . OPERATOR TYPE : Online gambling must be operated by land-based casinos or lotteries and , as a result , only the monopoly holds online licences in Slovenia . STATUS : The requirement that only landbased Slovenian operators are eligible for licences is considered by certain industry stakeholders to be incompatible with EU law . Draft amendments to the Gaming Act were published in 2015 , which aimed to remove the current local establishment requirement . However , the proposal does not appear to have been submitted to parliament to date . Whether any proposed amendments will ultimately introduce an open licensing system remains unclear .
SPAIN REGULATED GAMBLING PRODUCTS : Sports betting , horse race betting , poker , casino , bingo and lottery . OPERATOR TYPE : Private operators can apply for licences for all gambling products save for lottery . STATUS : Operators must hold a general licence and a specific licence , both issued by the National Gambling Commission , for each activity . Remote gambling licences are granted within specific application windows . The last tender process for applications closed on 18 December 2018 . In November 2020 , Spain introduced significant restrictions on gambling advertising , sports sponsorship and welcome bonuses
SWEDEN REGULATED GAMBLING PRODUCTS : Betting ( including sports , horse race , pool ,
exchanges ), casino , poker , bingo and lottery . OPERATOR TYPE : Licences are available for private operators . STATUS : As of 1 January 2019 , Sweden is a fully regulated market . All gambling operators that wish to offer their services to Swedish residents will be required to obtain a licence in order to validly do so ( either a ‘ betting ’ licence or a ‘ commercial online games ’ licence , depending on the product ( s ) being offered ). Active enforcement measures are in place . Temporary regulations , which were introduced on 2 July 2020 in response to the Covid-19 crisis , restricted , among other things , deposit and loss limits ( applicable to casino only ) and total login time . The measures were , after two extensions , eventually lifted on 14 November 2021 . In January 2021 , the Swedish government opened a consultation on certain proposals , such as the prohibition of gambling advertising between 6am to 9pm and the introduction of a B2B licensing regime . In June 2021 the Swedish government also opened a further consultation on proposals to subject gambling advertising to similar requirements that are in place with respect to the advertising of alcohol .
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
Q1 2022 • ISSUE 89 • 69