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Online Gambling Lawyer

Volume: 13 Issue: 11
(November 2014)


News

A proposal to amend Romania’s online gambling legislation, Emergency Ordinance no. 77/2009, featured in the agenda of the plenary sitting of Romania’s Chamber of Duties on 18 November, which means that should the proposal be approved, the next step will be promulgation of the law by the Romanian President. / read more

The UK Advertising Standards Authority (ASA) published on 30 October its review into gambling advertising, part of the four strand review into gambling advertising requested by the UK Government. / read more

The British Gambling Commission published on 17 November its ratings system enabling operators to disclose to consumers the level of protection of customer funds offered, and its arrangements should operator insolvency occur. / read more


Features

Philippe Vlaemminck and Bart Van Vooren of Altius, Brussels, provide a critique of the European Commission’s approach to online gambling in Europe, with a particular focus on the European Commission’s Recommendations for the protection of consumers and players of online gambling services, and the possible emergence of a common gambling policy for Europe. / read more

On 22 October, the Court of Justice of the European Union (‘ECJ’) issued its latest preliminary ruling on the compatibility of Italian tax legislation, which applies different tax rates to gambling winnings from lotteries, prize competitions, gaming and betting obtained in Italy as opposed to winnings obtained through play in other EU Member States, and the right of establishment and the freedom to provide services under Article 52 and 56 of the Treaty on the Functioning of the European Union (‘TFEU’). Gianluca Cambareri, a Partner at Tonucci & Partners, provides a breakdown of the facts in the case and the ECJ’s ruling. / read more

Gambling is a highly controversial issue in Brazil. This is because such business has - throughout Brazil's modern history - been regarded as an area that is associated with illicit activities such as money laundering, organised crime, and scandals involving corrupt politicians/public agents. By Evy Marques and Lays Pedro of Felsberg E Associados. / read more

Over the last few months the UK Department for Culture, Media and Sport (‘DCMS’) has released two consultations on the future of the British Horseracing Levy. Brian Wright, Director of Business at the Remote Gambling Association, comments on the most recent of the two consultations, which closed on 5 November and proposed two options for Levy reform. / read more

In October, the Czech Ministry of Finance presented its new draft gambling bill. This bill will open up the Czech online gambling market to operators based outside of the Czech Republic. Zdenek Beránek of Peterka & Partners analyses the details of the draft bill released so far, including the measures to be introduced to allow the Ministry to monitor online gambling operators, and the provisions within the draft to protect consumers. / read more

In September the Gambling Commission issued an advice note, ‘Anti-money laundering: Suspicious activity reporting requirements for remote operators,’ which is intended to aid British licensed remote gambling operators in determining the Financial Intelligence Unit or equivalent body to report known or suspected money laundering activity to and the circumstances in which ‘appropriate consent’ should be sought. The note is particularly intended to assist where the licensed operator is based in a foreign jurisdiction. Nick Nocton and Andrew Cotton of Jeffrey Green Russell Ltd discuss the Commission’s advice note. / read more

The latest decision in the HMRC v. Sportech case, which relates to Sportech’s £93 million claim for repayment of VAT paid over the period 1979-2006 on money made from Spot the Ball coupons, saw the Upper Tribunal find in HMRC’s favour. The case revolves around whether Sportech was providing facilities for the playing of a game of chance, which if so would mean the operator’s Spot the Ball competition would be VAT-exempt. The case is illustrative of the uncertainty of what kind of activities are defined as a ‘game’ and highlights the importance of paying close attention to the wording of a particular exemption, as Sue Crawford, Partner and Head of the Tax Group at Wiggin LLP 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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