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Online Gambling Lawyer

Volume: 12 Issue: 6
(June 2013)


News

The Dutch Finance Ministry and Ministry of Security jointly released the draft Remote Gambling Act for public consultation on 22 May, with the intention of liberalising the online gambling market. The legislative proposal stipulates the conditions under which online gambling will be allowed in the Netherlands, and poses a 20% tax rate on gross gaming revenue for online operators, 9% lower than the rate imposed on land-based operators. / read more

Congressman Peter King unveiled on 6 June the draft ‘Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013,’ aimed at creating a federal regulatory structure for US i-gaming. / read more

Sweden’s Culture Committee Minister announced on 5 June that Sweden will produce a study on potential online gambling regulations, delaying proposed i-gaming legislation for at least two years. / read more


Features

The International Social Games Coalition, launched in May, has been set up by social games companies with the aim of being a voice for the industry. This coming together of the industry, which counts Zynga, Plumbee, Playtika, IGT, and Gamesys amongst its members, comes at an important time for the industry, which continues to be the subject of much scrutiny over fears associated with the convergence of social gaming and gambling. / read more

On 18 April 2013 the European Court of Justice ('ECJ') discussed the last hearing of case C-660/11 (the 'Biasci Case'), a reference for a preliminary ruling filed by the administrative court of Tuscany and concerning the compatibility of some Italian gaming laws with articles 43 and 49 of the EC treaty on freedoms of establishment and to provide services. Yan Pecoraro, Partner at Portolano Cavallo Studio Legale, discusses the current gaming laws in Italy, the Biasci case and the Bersani decree, which partially liberalised the Italian online market by increasing the amount of licences available. / read more

The Dutch government has taken the next step in the development of gambling law in Europe, by initiating a public consultation on a long awaited draft remote gambling Bill. This draft aims at converting to a legalised market by creating a balance between responsible gambling on the one hand, and an attractive market on the other. Ewout Wierda, a Legal Consultant at Wierda Gambling Consultancy, discusses the detail of the draft bill, which he designed at the Ministry of Security and Justice prior to becoming a gambling law consultant. / read more

ARJEL, France’s online gambling regulator, issued a report about combating problem gambling in April 2013, with 33 recommendations. According to ARJEL’s President, Mr. Jean-François Vilotte, half of the sums registered by licensed operators originate from stakes bet by only 1% of French online gamblers. Hence, the report emphasises the need to find a balance between the search for attractive legal offers against illegal and foreign offers and the need to protect gamblers against addiction. This becomes harder as online gambling creates greater chances to increase the risk of addiction; indeed, the report underlines that factors such as anonymity, isolation, virtual money, and easy access for underage or vulnerable persons, increase the risk of addiction. / read more

Following the crackdown on internet gambling in the US that took place from around the middle of the last decade, the number of credit card transactions related to online gambling being processed by US financial institutions began to fall significantly, as US banks looked to avoid complicity in what had become deemed an illegal activity. This even prompted the code used for such transactions - '7995' - to become somewhat infamous. Neil Erlick, Executive Vice President, Business Development, at Optimal Payments and Behnam Dayanim, Partner at Paul Hastings LLP, explain the background to gambling transaction processing in the US and chart how this landscape has changed again now that a number of states have legalised online gambling / read more

The position of online gaming operators in Macau, a special administrative region belonging to the People's Republic of China, has yet to be truly defined. Land-based casinos are big business in Macau and online gambling is defined within the word of the law, yet there is not a framework as such for the granting of concessions to online operators. Luís Mesquita de Melo, a Partner at MdME Lawyers, examines the current situation, the position of SLOT - which currently has a monopoly on betting on football and basketball over the internet in Macau - and whether the Macau Government will at some point open up the sector to new entrants. / read more

The Swedish Horse Racing Gaming entity ATG has issued a ban on the use of 'robot bets,’ which allow gamblers to use computer software to assist with the placing of bets. ATG's ban on these 'robots' seems on the surface an attempt to ensure fair competition for all players, but the wording of the restriction does not limit the ban to machines. Peter Sederowsky, Of Counsel at Setterwalls, examines the background to the ban and its more controversial aspects. / read more

The defeat of New Jersey’s sports betting regulations in a US District Court in March may have put a stop to the state’s plans for licensed sports betting in its casinos, at least while the Professional and Amateur Sports Protection Act ('PASPA') is still in place. However, New Jersey followed its loss by introducing a Regulation enabling State casinos to offer ‘fantasy sports tournaments.’ David Gzesh, of Gzesh Law, examines the shape of this Regulation and explores just how far it pushes the envelope of what is permitted under PASPA. / read more

We refer to soft games as those games which are not traditional casino games and which normally have a stronger component of entertainment. The main attraction is normally not winning money but playing for fun. / read more

In this article, which was written in mid-May 2013 and originally appeared as June's Editor's Insight on the WOGLR homepage, Andrew Danson, Senior Associate at K&L Gates, reports on the progress of the UK's draft Gambling (Licensing and Advertising) Bill through Parliament. / 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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