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REGULATION
European regulation
In conjunction with Wiggin LLP ’ s Chris Elliott and Rawa Kaftan , iGB provides a regulatory snapshot of igaming across Europe . Austria , Belgium , Bulgaria , Great Britain , Ireland , Italy , Netherlands , Romania and Spain 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 to operators on a regional basis within Austria . Online poker , casino , bingo and lottery are controlled by the ( de facto ) monopoly , which has exclusive rights until 2027 . ( Casinos Austria holds each of the 12 land-based casino licences in Austria .) 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 . A draft law setting out gambling reforms had been expected in 2021 but this did not happen . Federal elections are expected to take place in autumn 2024 , which may eventually lead to gambling reform in the coming years .
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 a land-based licence holder in order to satisfy a local establishment requirement ; alternatively , apply for one of the retail licences 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 € 200 for all customers of licensed operators is in effect . On 1 July 2023 , a Royal Decree entered into force which introduced wideranging restrictions on the advertising of gambling in Belgium . A number of amendments to gambling legislation concerning player protection are set to take effect from 1 September 2024 .
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 about 30 to date , including to a number of international operators . In March 2023 , the Ministry of Finance published proposals to amend the Bulgarian Gambling Act to introduce : ( i ) stricter restrictions on gambling advertising ; and ( ii ) measures to allow players to set time and financial limitations when gambling . On 30 April 2024 , the Bulgarian parliament approved a number of amendments to the Gambling Act , including , for example , the introduction of a wide-ranging ban on gambling advertising and measures ( such as ISP and payment blocking ) to tackle the black market .
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 gambling if they obtain a landbased casino or betting licence . STATUS : Attempts by the Ministry to update its gambling legislation have been subject to criticism in respect of EU incompatibility issues ( including the requirement that only holders of landbased licences can offer online gambling ). Regulatory reforms appear to have stalled in the country .
86 • ISSUE 136 • iGB L ! VE 2024