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Online Gambling Lawyer

Volume: 12 Issue: 3
(March 2013)


The Federal District Court of New Jersey issued on 28 February a permanent injunction against a New Jersey law which allowed wagers on sports betting, ruling it in violation of the Professional and Amateur Sports Protection Act (PASPA), in a case brought by four major sports leagues, supported by the US Department of Justice. / read more

The Australian government has stalled key recommendations put forward by the Final Report of the Review of the Interactive Gambling Act 2001 (IGA), released on 12 March, until a national standard for harm minimisation and consumer protection is established. / read more

The European Parliament adopted a resolution on 14 March that calls on the European Commission to develop a coordinated approach for Member States to combat match-fixing and illegal betting websites. / read more


On 27 February the European Article 29 Data Protection Working Party adopted an Opinion, ‘Opinion 02/2013 on apps on smart devices,’ which sets out the legal obligations for the processing of personal data gathered by apps on smart devices. The Opinion outlines the ways that data collected by apps can be exposed: for instance, weak security measures used by app developers could put data at risk. Parties such as device manufacturers could expose data too. / read more

Three US states have authorised some form of intrastate internet gambling - Nevada, Delaware, and New Jersey. The law in each of those states provides for the state to enter into an internet gambling-related agreement or compact with other states. Linda J. Shorey and Anthony R. Holtzman, of K&L Gates look at the bills currently pending in three other US states - California, Illinois, and Massachusetts - that would authorise some form of intrastate internet gambling, and determine whether those bills provide for the possibility of an agreement or compact with other states, whether they contain any restrictions on who can apply for a licence, and point out some potential hurdles to enactment. / read more

The review of the IGA. / read more

The complexities created by the existence of two contradictory gaming regulations in Germany are rife - for example 'online poker': a game of skill or a game of chance? - licensed and banned at the same time. Dr. Wulf Hambach and Maximilian Riege, of Hambach & Hambach law firm, discuss the regulatory complexity in Germany and the potential for EU infringement proceedings. / read more

A February 2011 consultation by the Department for Social Development in Northern Ireland examined gambling legislation and made a number of observations; since the consultation, the Northern Irish Executive announced on 10 January that Northern Ireland's gambling laws will be updated. However, there has been little provision in the proposed updates for online gambling. Gareth Walls, Partner at A&L Goodbody, analyses the background and current state of the gambling laws in Northern Ireland and dicusses whether there is a need for such legislation to mirror to a greater extent regulations in Great Britain. / read more

The EU Commission has issued proposals for a Directive on the award of concession contracts, but was recently put under pressure by opponents of the Directive. The Directive shall ensure transparency and equal treatment when it comes to the award of services concessions. Gambling services are - for questionable reasons - excluded from this proposal. Arthur Stadler and Nicholas Aquilina of Brandl & Talos Attorneys at Law explain why the granting of concessions for gambling services should run through a public and transparent proceeding, according to CJEU case law and should not receive any special treatment under the proposed Directive. / read more

The blacklisting and blocking of gambling websites. / read more

With much fanfare, Nevada Governor Brian Sandoval signed into law Assembly Bill 114, which authorises interstate online gaming in Nevada. Mark A. Clayton, Shareholder at Lionel Sawyer & Collins, discusses the legislative background to Nevada's quest to liberalise online gaming in the state and the details of the Bill. / read more

Bahamians asked for opinion on ‘web-shops’ and lottery. / read more

(This article was originally published as March's Editor's Insight column.) Last month, thousands of gambling enthusiasts from around the world found themselves lost amid the throngs/hordes of machines, tables, casino stools, costumes, croupiers, twinkling lights and a ubiquitous collection of somewhat scantily-dressed young women (brought in, I am told, because of their mastery of payment processing systems and the latest EU regulations) that is 'ICE' - the International Casino Exhibition, held at ExCeL in London. By Carl Rohsler, Partner at Squire Sanders. / 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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