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Online Gambling Lawyer

Volume: 14 Issue: 2
(February 2015)


News

The Gambling Commission (GC) published amendments to the social responsibility provisions in the Licence Conditions and Codes of Practice (LCCP) and Remote Technical Standards on 6 February, aimed at protecting players and those at risk from gambling related harm. The updated version of the LCCP comes into effect from 8 May with the changes to the Remote Technical Standards coming into force on 31 October. / read more

Rep. Jason Chaffetz reintroduced the Restoration of America’s Wire Act bill (RAWA) to the US Congress on 4 February; the bill would virtually outlaw i-gaming at a federal level through a reversal of the 2011 Department of Justice Opinion that the Wire Act applies only to sports betting. / read more

A recent ruling of the Regional Court of Linz has dismissed claims against bet-at-home in which a customer claimed for reimbursement for losses at online roulette because the operator does not hold an online gambling licence in Austria. The ruling, which was delivered to parties on 15 January, concluded that the regulatory regime in Austria is not in compliance with EU law and as such bet-at-home is entitled to offer its services in Austria without the obligation to reimburse the customer or hold an Austrian licence. / read more


Features

Birgitte Sand, President of the International Association of Gaming Regulators (‘IAGR’), an association dedicated to advancing the effectiveness and efficiency of gaming regulation, and Director of the Danish Gambling Authority, provides an intimate account of the IAGR’s drive towards technical standardisation and harmonisation across the global gambling landscape, and the projects that are already under way. / read more

The Court of Justice of the European Union (‘CJEU’) ruled on 22 January 2015 in Case C-463/13 that EU law does not preclude the organisation in Italy of a new call for tender for the awarding of gambling and betting licences whose period of validity is shorter than that of licences awarded previously. Italian legislation provides that participation in the organising of betting and gambling, including the collection of bets, is subject to possession of a licence and police authorisation. In 1999, publicly-traded limited liability companies were excluded from tendering procedures for the awarding of licences. The CJEU declared that the exclusion of those companies was incompatible with EU law (Case C-338/04). / read more

The trilogue discussions between the EU Council, the European Parliament (‘EP’) and the European Commission (‘EC’) have resulted in an agreed text for the Fourth Money Laundering Directive (‘4MLD’). While anti-money laundering (‘AML’) measures remain extended to all gambling providers, the text, agreed on 19 December 2014, may prompt some relief in the online gambling industry, as it represents a more flexible approach to anti-money laundering measures through the creation of a system of exemptions. Pierre Tournier, Consultant at Instinctif Partners, discusses the changes put forward in the agreed text, and what this means for the online gambling industry. / read more

On 30 January of this year, Michel Groothuizen (Director General of Sanctions & Prevention Policy of the Dutch Ministry of Security and Justice) spoke at the Annual Gaming Industry Event in Amsterdam, organised by the Gaming Practice of Kalff Katz & Franssen. After the written input of the permanent parliamentary committee to the Ministry of Security and Justice (‘Ministry’) on the remote gaming bill (the ‘bill’) was published in November 2014, it is now up to the Ministry to take the next step and publish their response thereto. It was hoped that Groothuizen would provide a sneak preview of the response of the Ministry, but the Director General was restricted in his freedom to speak openly about the content as the response has not been published (it is expected by the end of February). However, he did predict that licensing would not start before mid-2016. / read more

Britain’s Gambling Commission recently issued a long-awaited report on its views on the regulation of ‘social games,’ which provides useful regulatory guidance on this nascent and much discussed topic. Jas Purewal of interactive entertainment law firm Purewal & Partners LLP examines what the report means from a legal perspective for both the gambling and video games industries. / read more

Proposed new gambling tax also subject to commentary / read more

In the current US iGaming market geolocation technology is critical to ensuring that operators are lawfully operating on an intra-state basis. Lindsay Slader, Operations Manager at GeoComply and an expert on geolocation technology, discusses the geolocation technology available, how regulators and operators have utilised it to ensure compliance and the results to date. / read more

The sports betting licensing process in Germany and its numerous twists and turns has been well documented, but the development - and possible conclusion - of this particular saga is not the only regulatory challenge facing the country during 2015. Two court decisions - in the digibet and Ince cases respectively - are expected, while changes in EU VAT rules that came into force at the start of this year will also impact Germany’s gambling market. Matthias Spitz and Jessica Maier, gaming attorneys with Melchers law firm, discuss the regulatory challenges ahead and the possible outcomes. / 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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