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Online Gambling Lawyer

Volume: 15 Issue: 7
(July 2016)


News

The implications of the UK’s vote to leave the European Union, on 24 June 2016, on the online gambling market and remote gambling operators is far from clear. The UK’s move to leave Europe has cast substantial uncertainty on online gambling operations based in Gibraltar and could mean that there is nothing to prevent Member States from imposing barriers on British online gambling operators. The exact shape of the UK’s relationship with Europe post-Brexit and the ramifications for gambling operators will depend on the negotiations to come. / read more

The Lower House of the Dutch Parliament passed on 7 July 2016 the Netherlands’ draft Remote Gaming Bill (‘Bill’), which paves the way for the country’s regulated online gambling and betting regime, presuming the Dutch Senate also approves the legislation. / read more

A move by the European Commission (‘EC’) to bring forward the implementation of the 4th Anti-Money Laundering Directive (‘4AMLD’) from 26 June 2017 to the end of 2016, announced as part of the EC’s adoption on 5 July 2016 of a proposal on further changes to the 4AMLD, has added to the concern in the gambling sector about the transposition of the 4AMLD in the UK. / read more

The Indian Supreme Court ordered on 18 July 2016 a number of reforms to the Board of Control for Cricket in India (‘BCCI’), following recommendations made by the Lodha Committee, established in January 2015, following the findings of the Mudgal Committee’s investigation into a betting and spot-fixing scandal involving the Indian Premier League. The BCCI must now implement most of the recommendations provided by the Lodha Committee within six months. Relating to the Lodha Committee’s suggestion that sports betting be legalised as a measure to combat illegal betting, the Supreme Court deferred the matter to Parliament. / read more

The British Gambling Commission (‘GC’) has confirmed in its Annual Report and Accounts 2015-16, published on 13 July 2016, that eSports betting will be an area for its continued focus, with the GC highlighting the emergence of real-money betting markets in eSports and the trading of in-game content ‘which blur the lines between gambling and social gaming.’ / read more

The British Gambling Commission (‘GC’) issued amendments to its Licence Conditions and Codes of Practice (‘LCCP’) on 28 July 2016, which includes the addition of ‘digital currencies’ such as Bitcoin to the list of accepted payment methods for use by customers. According to the amendments, operators wishing to accept digital currencies will be required to implement the ‘appropriate policies and procedures concerning the usage of cash and cash equivalents,’ once the amendments come into force on 31 October 2016. / read more


Features

Carl A. Rohsler, Partner at Squire Patton Boggs LLP, and long-standing member of the World Online Gambling Law Report editorial board, provides his opinion on the impact of Brexit on the online gambling industry and the extent of the uncertainty Britain now faces. / read more

In 2012 Gaussian Network Pvt. Ltd., which operates a popular Indian gaming site, asked the Delhi District Court questions relating to online gaming portals. Gaussian argued that under every statute in relation to gaming, poker qualified as a game of skill, and that poker remained a game of skill whether it was played online or offline, though the District Court found otherwise. The matter eventually reached a hearing before the Delhi High Court, though recently, on 21 April 2016, Gaussian was granted permission to withdraw the reference both to the Delhi District Court and the High Court, meaning the observations of the District Court do not survive. Mithun Verghis, Ranjana Adhikari and Gowree Gokhale of Nishith Desai Associates review the case and the impact it will have on online skill game portals operating in India. / read more

The Dutch Gambling Authority (‘KSA’) has recently taken a number of actions that send a clear message that illegal operators targeting the Netherlands will not be ignored. In particular, the KSA has sought to prevent illegal gambling apps being offered in the Netherlands, while a Dutch court has found in the KSA’s favour in a case involving the operator 7Red. Roelien van Neck and Mariska van de Sanden of Bird & Bird LLP discuss the developments. / read more

With the political confusion surrounding Brexit it is impossible to analyse with any certainty what the effects will be until the terms of the UK’s exit are proposed, let alone agreed. In relation to online gambling operators, regulatory questions concerning server locations and licence validity to access EU-based players have been raised, especially in relation to Gibraltar - where issues over workers crossing over the Spanish border are also a worry. Moreover, any changes to cross-border data and payment processing could present issues for all companies operating across the EU. But what about the tax implications? Sue Crawford and Andrew Lindsay of Wiggin LLP discuss the uncertainty from a taxation perspective. / read more

After a ‘standstill’ period of almost one year where the Portuguese online gambling regulator (‘SRIJ’) struggled to draft and approve a series of technical regulations regarding online gambling, the first licence was finally issued on 25 May 2016. The regulator is screening several licensing applications and intends to take its time and progressively approve them during the course of this year. / read more

With a new Prime Minister now installed in No. 10, the dust is beginning to settle following the UK’s momentous decision to leave the EU. The consequences of Brexit will, of course, not be binary. The UK’s current terms of EU membership are already particular to it. The UK is the subject of many carve-outs, most obviously in respect of the Euro and the open immigration Schengen arrangements. The outcome of negotiations between London and Brussels will inevitably produce new terms which will preserve some of the UK’s reach into Europe (and vice versa), whilst repatriating other powers to London. The final settlement, therefore, cannot now be predicted. But whatever the result, the essential advantages and strengths of Gibraltar as a premier online gaming jurisdiction will remain in place. Our first class regulatory system, competitive tax regime, English-based common law and recognised professional infrastructure will continue as the most attractive features of our jurisdiction. / read more

HB 2150 is the latest draft legislation to raise hopes of an i-gaming expansion in Pennsylvania; it was passed by the State House of Representatives in June 2016. HB 2150 covers both internet gambling and online fantasy contests, as Anthony R. Holtzman, Partner at K&L Gates, 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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