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Online Gambling Lawyer

Volume: 14 Issue: 10
(October 2015)


News

On 15 October the Nevada Gaming Control Board (‘NGCB’) issued a statement informing all interested parties that Daily Fantasy Sports (‘DFS’) represents gambling pursuant to Nevada Statutes. The Board determined that DFS involves wagering on the collective performance of individuals participating in sporting events and, pursuant to current regulation, an operator of DFS must possess a licence to operate a sports pool issued by the Nevada Gaming Commission. / read more

Advocate General Szpunar (‘AG’) of the European Court of Justice (‘CJEU’) gave his opinion on 22 October in the Ince case, declaring that providers of unlicensed sports betting in Germany cannot be prosecuted as German sports betting regulation is not compliant with EU law. The case, referred to the CJEU by a Bavarian court, involves a German resident who allowed German customers to connect to a Malta-licensed operator. / read more

British Racing - the British Horseracing Authority together with the Horsemen’s Group and the Racecourse Association - announced on 20 October a trial system, ‘Authorised Betting Partners,’ which will deny joint-sponsorship agreements at tracks owned by the Arena Racing Company and the Jockey Club to bookmakers who do not pay an agreed contribution to the Horserace Betting Levy to cover their digital businesses or who have not otherwise established a commercial funding deal. / read more


Features

The GB Gambling Commission recently released a consultation paper, ‘in relation to the prevention of crime associated with gambling,’ detailing proposed amendments to the Licence Conditions and Codes of Practice (‘LCCP’), which regulate the environment for online gambling operators and customers alike. Nicola Bridge, Martin del Gallego and Leor Mizrachi of King & Wood Mallesons Solicitors discuss the Commission’s proposed changes and the resulting implications, focusing in particular on the increased regulatory burdens associated with protection measures targeted at anti-money laundering (‘AML’) in the online gambling industry. / read more

Last year, I wrote an article on the legal framework of Canada’s online gaming industry, specifically discussing the concept of the ‘Foreign Operators’ Principle’ and how these operators legally offer their i-gaming products to Canadians without facing criminal prosecution1. But recently, with all of the rumours circulating about Canada being in the midst of reforming its current gaming framework, some questions have arisen as to whether foreign operators taking on Canadian-facing businesses will still be able to operate without any adverse legal consequence. / read more

Numerous legislative attempts have been put forward on a state-by-state basis in the US to regulate the burgeoning fantasy sports sector. In this article, Christopher L. Soriano, Partner at Duane Morris LLP, questions the reasoning behind policymakers seeking to regulate fantasy sports, and considers whether regulation of the sector is even needed. As part of the discussion, Christopher also looks in some detail at a recent California bill on fantasy sports, the Internet Fantasy Sports Games Consumer Protection Act, as an example of proposed fantasy sports regulation. / read more

Some eight years after it first issued the Gambling Industry Code for Socially Responsible Advertising, the UK’s Industry Group for Responsible Gambling (‘IGRG’) published a second edition of the Code on 20 August, introducing a range of new requirements for UK gambling ads. The original Code, launched in 2007, put in place a 9pm watershed for all TV ads for gambling products (other than bingo and sports betting around televised sporting events). It also required promotion of the Gamble Aware website and banned operators’ logos from appearing on children’s replica football kits and other merchandise as part of sponsorship deals. / read more

Two recent decisions - from the Bavarian Constitutional Court and the Higher Administrative Court of Hesse respectively - have added to the numerous judgments handed down in recent times in relation to the German Interstate Treaty on Gambling. Crucially, although the Bavarian decision is significant, it is the Hesse decision that will impact most on gambling regulation in Germany, as the court effectively brought to an end the troubled sports betting licensing process. Matthias Spitz and Jessica Maier of Melchers Law consider both decisions and their implications, and also look at a number of points made in early October by the Hessian Minister of the Interior in relation to the reform of German gambling regulation. / read more

Coming into force on 1 January 2016, the amended Gaming Law1 will regulate online gambling for the first time in Lithuania. Up until now online gambling in Lithuania has been deemed illegal, yet it has been carried out anyway. In response to pressure from European Union institutions, and seeking to generate tax revenue from online gambling, the Lithuanian Parliament agreed on a bill on 21 May 2015. / read more

Electronic Sports (‘eSports’) continue to dominate the headlines in the i-gaming industry. Can online sportsbooks capture a share of this? Why is eSports - competitive multi-player video gaming where players compete in leagues and tournaments to win monetary prizes - causing such fervour? / read more

The draft Stability Law 2016 was proposed this month in Italy and was accompanied by long-awaited tenders including for 80 new online licences. Stefano Sbordoni, Founding Partner at Studio Legale Sbordoni, discusses the draft, as well as the implications of the Customs and Monopolies Agency’s recent ‘Measures on gaming matters’ document and its recommendations. / 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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