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Online Gambling Lawyer

Volume: 14 Issue: 4
(April 2015)


A proposed amendment to Romania’s online gambling legislation that would require online gambling operators to pay retrospective tax on pre-regulatory operations, which is included in the Budget Committee’s Report and was passed on 21 April, is now up for consideration by the Deputies Chamber on 29 April. / read more

The Pennsylvania House of Representatives passed a resolution on 14 April informing the US Congress of its opposition to the Restoration of America’s Wire Act (RAWA), and on 16 April the Pennsylvania House Gaming Oversight Committee held a hearing on the subject of online gaming, which featured testimony on the success of i-gaming in other jurisdictions, and on the technical aspects of online gaming. / read more

The GB Gambling Commission (GC) issued a warning on 13 April, concerning the risks posed by unlicensed overseas binary options providers, as regulation of the product is transferred from the GC to the Financial Conduct Authority, which has created an opportunity for unlicensed operators to target UK customers. / read more


Whether the aim is to identify possible money launderers, to ensure that customers are not gambling beyond their means or for purely commercial reasons, there has never been a greater need for UK gambling companies to know their customers. Richard Wade, Director of Compliance & Responsible Gambling at The Rank Group, discusses recent developments in the UK that reiterate the importance of know your customer checks and enhanced due diligence processes for gambling customers and the weight being placed on being curious about one’s customers by the Gambling Commission. / read more

Susan Hensel, Director of Licensing at the Pennsylvania Gaming Control Board and a trustee and past President of the International Association of Gaming Regulators (‘IAGR’), describes the IAGR’s work in developing technical standards, which are designed to ensure platform harmonisation for the operation of online gaming. / read more

On 18 March, the District Court of Amsterdam held that online gambling operators have no responsibility to refund a gambler’s losses, even if the operator lacks an online gambling licence. As a result, Unibet did not have to refund €178,000 of gambling losses. The decision has prompted Dutch parliamentary questions as to whether the required licence under the upcoming Dutch gambling legislation will be meaningless. / read more

Some EU Member States such as Belgium and Poland are now, as part of their policies towards online gambling, threatening to target the actual players of illegal gambling websites. This controversial move could potentially have an impact on both the industry and consumers themselves. In this article Malcolm Bruce, Founder and Director of consultancy Gambling Integrity Services, and Dr. David Miers, Emeritus Professor of Law at Cardiff University, consider the background to the decisions taken by some Member States to prosecute players and the likely impact. / read more

Like many other countries, Sweden has a long history of a highly regulated gambling market. By referring to the policy objective of a sound and secure gambling market, Sweden has so far succeeded in upholding a state monopoly in spite of the prohibition against discrimination of foreign competitors within the EU. However, following the rapid development of the gambling market over recent years, even the reluctant Swedish policymakers have to adapt. As a consequence of the growing online market, the Swedish state monopoly has become increasingly difficult to justify, from a political as well as a legal perspective. In October last year, the issue reached its peak when the European Commission filed a lawsuit against Sweden before the European Court of Justice. The European Commission claims that the Swedish monopoly is inefficient in terms of reaching its objective, and therefore is in violation of EU law. This has forced Swedish politicians to address this issue once again, and at the beginning of 2015 a report was published by the Swedish Ministry of Finance (‘MoF’) on how to cope with the problem. The report proposes a new licensing system for the Swedish gambling market, which would make Swedish regulations compatible with EU law, recapture some of the lost state control and increase state revenue. / read more

The Chancellor of the Exchequer used the Budget Report1 to announce measures setting out the UK government’s policy on virtual currencies2. HM Treasury had previously published a call for information that drew over 120 submissions. The result of that study is the government policy announced in the Report. Establishing ‘a supportive framework for legitimate digital currency businesses’ as a lead measure in its plan ‘to drive increased competition in the banking market’3 the UK government has sent an encouraging signal about the payment technology whose most prominent currency, Bitcoin, frequently captures unflattering headlines. The UK approach brings much needed respectability to the disruptive FinTech payment system that promises near free P2P irrevocable value transfer. / read more

The Spanish gambling authority published the draft version of the Royal Decree on gambling advertising activities on 23 March, which aims to provide high standards for responsible gambling and the protection of players, minors and problem gamblers. Albert Agustinoy and Jorge Monclús of Cuatrecasas, Gonçalves Pereira, provide detailed analysis of the provisions and restrictions proposed in the draft decree and share their concerns about the proposed sanctioning procedure. / read more

A new law is going to be enacted (Legge Delega) in the next six to eight months, which will redefine the perimeter of gambling regulation in Italy. The aim of the law is to sort out public gaming in the country and to harmonise regional and national regulation that will have to be issued pursuant to the primary interest of public order and safety, as well as balancing the more general interest of protecting vulnerable people. The provisions are intended to strengthen the fight against operators offering gaming without valid italian authorisation. The regulations and provisions that are going to be enacted have to be pursuant to European case law, EU Treaty principles and regulations. A draft version of the law was published recently, but it can still be modified before being examined by the 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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