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Online Gambling Lawyer

Volume: 10 Issue: 10
( 2011)


Gambling operator Paddy Power could become the first European online gambling operator to obtain a licence for mobile gaming activities in Nevada, since the US State regulated mobile gambling last month. / read more

Speaking at an international gaming conference in South Africa (SA) recently, the country's Trade Minister, Rob Davies, seems to have raised more questions than answers on the status of e-gambling there. / read more

A licensing regime that restricts cross-border gambling in the EU without a 'non-discriminatory, suitable and proportionate' justification contravenes EU law, Advocate General (AG) Cruz Villalón said in his 27 October Opinion in the 'Stanleybet case'. / read more


Ever since the Department of Justice cracked down on the three gambling operators Full Tilt, Poker Stars and Absolute Poker, back in April, it seemed to be clear in the US what should happen with businesses that attempt to offer online gambling services to US citizens: arrest and prosecution. / read more

US / read more

The UK's Committee of Advertising Practice (CAP) has recently been active in targeting certain online operators concerning the use of images of individuals who are, or appear to be, under 25 on gambling websites, which may conflict with the British Code of Advertising, Direct Marketing and Sales Promotion ('the CAP Code'). / read more

During the past several years, the Israeli enforcement authorities have increased their efforts against online gambling activities. This year, the Israeli Central Bank issued an amendment to its anti-money laundering, terror financing and client identification circular, with instructions aimed at certain credit card transactions performed in connection with online activities. Dotan Baruch, Partner at Barnea & Co, explains the limitations placed on financial transactions in relation to online gambling. / read more

The Irish regulatory structure for gambling has been criticised as outdated and not adapted to current technological advances and gambling practices - especially regarding internet gambling. The official government announcement, in September 2011, that the regime is set to be modernised was welcomed by the industry, who felt the need for legal certainty and clarity was pressing, as Áine Matthews, an Associate Solicitor at LK Shields, explains. / read more

Eighteen months after the opening of the French online gaming sector, operators are disappointed by the number of players, the amount of bets placed and, importantly, by the actual revenues, particularly in the online sports betting market. The main reasons for this lack of optimism as identified by both the operators and the regulator, the ARJEL, are the levels of tax and, to a lesser extent, the limited variety of sports and types of bets available. The implications of the much discussed 'right to bet', however, are not quite as clear cut, as Victoriano Melero, Lawyer at Clifford Chance Europe LLP explains. / read more

On 20 September 2011, the European Commission rendered its decision in the 'Danish state aid case', clarifying that, despite a differential tax treatment favouring online casinos constituting prima facie state aid pursuant to Article 107 (1) TFEU, it is, however, compatible with the Internal Market. This decision is highly noteworthy as it effectively means that a variation in tax regime between online and offline operators is permissible because its positive impact on trade outweighs the distortion of competition which also accompanies it. Anna Wieser and Lisa Holl, of Brandl & Talos Attorneys at Law, discuss the decision and its impact on Danish operators, and to a certain extent, on the ones operating in other Member States. / read more

The German State of Schleswig-Holstein recently approved a liberal gambling law, ignoring the wish of the 15 other federal states to agree on a new Interstate Treaty on Gambling (ITG), which advocates tight gambling regulation and a limited number of operators. Dr. Wulf Hambach and Dr. Stefan Bolay, of Hambach & Hambach Rechtsanwälte, analyse the latest developments and discuss how this legal battle has turned into a fierce political debate. / read more

Australia's interactive gambling laws are under review, with the release of a new Discussion Paper, the Review of the Interactive Gambling Act 2001. The review itself has started a debate in the country as to whether the current gambling ban should be partly lifted - subject to high regulatory and licensing conditions - to adapt to the realities of the modern gambling environment and the ability for players to play online. Tony Rein, Partner at Clayton Utz, discusses the limitations of the current gambling regulatory regime and how the review suggests tackling them. / read more

About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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