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Online Gambling Lawyer

Volume: 14 Issue: 9
(September 2015)


The Advertising Standards Authority for Ireland (‘ASAI’), an independent self-regulatory body, published on 17 September the seventh edition of its Code of Standards for Advertising and Marketing, of which Section 10 now specifically covers gambling; the latest Code is due to take effect on 1 March 2016. / read more

The GB Gambling Commission (‘GC’) called on operators to “critically review the effectiveness of their policies and procedures to prevent gambling being used to support crime” on 7 September, following two investigations into an operator’s AML and social responsibility failures. / read more

Four online gaming operators in the US have started accepting PayPal following PayPal’s recent reentry into the US market. In 2003, PayPal stopped processing online gambling payments in the US after a federal prosecutor initiated proceedings on potential violations of the ‘Patriot Act’. However, as of September, the company has launched a pilot programme, which could be aimed at the growing daily fantasy sports (‘DFS’) market. / read more


The Australian government released terms of reference for a review into the impact of illegal offshore wagering on both Australian wagering businesses and consumers (‘the Review’) in September. The Review has been welcomed by the Australian racing and wagering industries. / read more

In November 2014, Zdeněk Beránek, Partner at Peterka & Partners, analysed the draft Czech Gambling Bill, which would allow foreign online gambling operators to become licensed to operate on the Czech market. That bill has now been notified to the European Commission, though there have been a number of modifications since the issuance of the original draft. In this follow-up article Zdeněk outlines the revisions found in the latest draft of the bill and the implications for the Czech gambling market should this text of the bill ultimately be passed. / read more

Austria’s Highest Administrative Court recently handed down a decision on an issue of law that has no precedent: that of whether betting on virtual races, where the bettor places their bet on races between artificially generated animal figures such as animated greyhounds, should be treated as a sporting bet or as a game of chance. The case in question involved an intermediary brokering virtual race betting, and whether that intermediary was required to pay the higher rate of gambling tax applicable to games of chance in Austria. Kurt Retter and Wen Wei Xu of Wolf Theiss, Attorneys at Law, provide detailed analysis of this case and its consequences for the virtual betting industry. / read more

In late September the GB Gambling Commission (‘GC’) released its ‘Fees discussion paper,’ which aims to obtain the views of stakeholders before the GC advises the Government on future fees review exercises. Audrey Ferrie, Legal Director at Pinsent Masons LLP, reviews the discussion paper and the implications of the advice the GC indicates it would give Government in relation to fees. / read more

Distributed denial of service (‘DDoS’) attacks are a menace to all websites, including for the operators of gambling websites, who risk losing customers to competitors if their own websites are disrupted by DDoS attacks. Over the last few years, online gambling websites have been a common target for cyber criminals, who have unleashed DDoS attacks that have temporarily crippled the sites of major operators in the sector. Marc Gaffan of cloud-based application delivery platform Incapsula, which specialises in DDoS defence, explains the threat of DDoS to the online gambling sector and outlines how operators can protect against this form of cyber crime. / read more

Online gambling remains prohibited alongside other types of gambling activity in Ukraine. However, the current government seems to want to bring legalised gambling back to the country and a number of legislative proposals have been put forward; a draft law of 24 July appears to have the best prospects of being considered by the Ukrainian parliament. Natalia Pakhomovska and Roman Inozemtsev of DLA Piper Ukraine LLC discuss the current situation. / read more

After almost two years of licensed and regulated online gaming in the US, limited credit card acceptance remains one of the largest obstacles to the industry’s growth. Revenues may be ticking upwards, but the wide-scale expansion anticipated by industry analysts has yet to be realised, due partly to credit card issuer hesitancy to support i-gaming transactions. / read more

Belgium has seen a rise in the popularity of virtual betting, in which bettors place bets on computer-generated fixtures. However, virtual betting is not without its critics, and some commentators have flagged concerns about consumer protection in relation to virtual betting, for instance. The Belgian Gaming Commission has made amendments to its framework around virtual bets and is studying the virtual betting sector with a view to potentially introducing more measures at a later date. Peter Naessens, Head of the Regulatory Advice Unit at the Belgian Gaming Commission, outlines the legal position for virtual betting in Belgium. / 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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