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Online Gambling Lawyer

Volume: 13 Issue: 10
(October 2014)


Mr Justice Green declared on 10 October that the UK Gambling (Licensing and Advertising) Act 2014 does not infringe upon UK/EU law, in the judicial review case brought by the Gibraltar Betting and Gaming Association (GBGA). Green J ruled that the Act, due to be implemented on 1 November, which requires all operators offering or advertising to British customers to obtain a licence from the Gambling Commission, is ‘neither disproportionate, nor discriminatory, nor is it irrational.’ / read more

The European Commission (EC) referred Sweden to the Court of Justice of the European Union on 16 October for failing to amend its rules on online betting and online poker services, which it believes are organised and promoted in a way that is inconsistent with EU law on the free movement of services. / read more

The Sikkim state government in India, has, according to news sources, begun to issue licences under its Online Gambling (Regulation) Act 2008. Several operators received Provisional Licences in 2010, but conflict between Sikkim’s regulations and India’s Information Technology (Due diligence observed by Intermediaries guidelines) Rules 2011 delayed operations until now. / read more


After numerous trials and tribulations, culminating in a judicial review challenge by the Gibraltar Betting and Gaming Association (‘GBGA’), which was rejected on 10 October1, the Gambling (Licensing and Advertising) Act 2014 will come into force on 1 November 2014. Under this Act, remote gambling operators will need an operating licence from the Gambling Commission in order to provide gambling facilities to British consumers, even if those operators have no remote gambling equipment in Great Britain. Operators will no longer be able to rely on regulatory licences issued by other countries in the EEA (including Gibraltar) or other ‘white-listed’ jurisdictions such as Alderney and the Isle of Man. James Earl, Partner in the Global Sports Advisory team and Head of Sport - Gulf Region at Pinsent Masons, discusses the potential impact of the UK’s new Gambling Act on sports sponsorship. / read more

Behnam Dayanim and Katie Sheridan of Paul Hastings LLP discuss the major legislative developments on the horizon in the US, as well as the initiatives in various states that have so far been out of the spotlight. / read more

The current government of Mexico led by President Enrique Peña Nieto, and the Ministry of the Interior (‘SEGOB’), has been promoting a federal bill called the ‘Federal Law of Responsible Gaming and Drawings’ since 2013. The bill seeks to replace the Federal Law of Gaming and Drawings from 1947, which is obviously obsolete and cannot properly regulate the gambling industry in a country with 115 million people. The 1947 bill does not cover all the game modes offered by new technologies, such as internet gambling and social gaming, and does not provide for the existence of a special regulatory body in the field of gambling, among other regulatory deficiencies. By Alfredo Lazcano, Partner at Lazcano Samano, S.C. / read more

The European Court of Justice dismissed both Dansk Automat Brancheforening v. Commission (T-601/11) and Royal Scandinavian Casino Århus v. Commission (T-615/11) in late September; both cases challenged the European Commission’s decision regarding the legality of the Danish Gambling Duties Act in setting a lower tax rate for remote gambling operators in contrast to the high tax rate imposed on land based operators, arguing that this differentiation in duty violates EU rules on state aid. Henrik Norsk Hoffman, a specialist Danish gambling lawyer, provides insight into the Court’s decision to dismiss both cases on procedural grounds, leaving the core questions regarding the legality of differentiated gambling duty unanswered, and its wider impact on the European online gambling market. / read more

The British Gambling Commission launched a consultation in August on proposed new social responsibility measures, including changes to the Licence Conditions and Codes of Practice (‘LCCP’). In light of this, Kira Mendelsohn, Compliance Attorney at gaming software development company Playtech, analyses the social responsibility challenges faced by operators, and argues that gambling operators, regulators, and researchers must all work together to achieve the social responsibility goals. / read more

Fantasy sports enjoys considerable popularity in the US, and the activity is fortunate to be protected under existing US gambling law; the Unlawful Internet Gambling Enforcement Act (‘UIGEA’) for instance contains a carve out for fantasy sport games meeting certain criteria. Developments in fantasy sports have been frequent over the last few years, while the rise of daily fantasy sports contests that charge entry fees and pay out prizes is also notable. David O. Klein and Jonathan E. Turco of Klein Moynihan Turco LLP discuss the unique place of fantasy sports under existing US federal and state law, consider recent developments, and analyse the effect of pending federal gambling legislation on fantasy sports. / read more

Singapore’s Remote Gambling Bill, passed in October, prohibits remote gambling, with very limited exemptions. The Act is very broad in nature, with implications for overseas operators and for the social gaming industry in Singapore, as Yap Wai Ming of Stamford Law Corporation explains. / 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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