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Online Gambling Lawyer

Volume: 16 Issue: 10
(October 2017)


The Industry Group for Responsible Gambling (‘IGRG’) published on 2 October 2017 the third edition of its ‘Gambling Industry Code for Socially Responsible Advertising’ (the ‘Code’), which includes amendments in regards to limiting access to gambling materials across social media for under-18s, and the introduction of a reference to the need for operators to use “their best endeavours” to ensure affiliates conducting marketing on their behalf also follow the Code. Another new requirement is for any references on operators’ materials to GambleAware to be altered to / read more

The Italian politician Senator Franco Mirabelli has voiced concerns about the implementation in Italy of the shared liquidity agreement for online poker, which was signed on 6 July 2017 by regulators from Italy, Spain, Portugal and France; Mirabelli tabled on 4 October a parliamentary question for the Italian Minister of Economy and Finance Pier Carlo Padoan, asking him to intervene to prevent shared poker liquidity being implemented in Italy. “The parliamentary question tabled by Senator Mirabelli may - at least - delay the implementation of the project as scheduled by the participating countries,” believes Gianluca Cambareri, Partner at Tonucci & Partners. / read more


With the UK advertising regulator upholding complaints against Ladbrokes, Sky Vegas, 888 and Casumo about ‘socially irresponsible’ advertising, affiliate marketing practices are coming under intense scrutiny. Nick Johnson of Osborne Clarke LLP looks at the decisions and how they tie into current wider interest in operators’ use of affiliates. / read more

In New Zealand, the New Zealand Racing Board (the ‘NZRB’) is the country’s sole provider of racing and sports betting, but while advertising by offshore operators is prohibited, New Zealanders can still bet with offshore operators. The ‘leaking’ of proceeds from gambling to such offshore operators, away from the NZRB, has led to an attempt to alter New Zealand’s racing legislation: on 31 July 2017 the Racing Amendment Bill was introduced, which looks to modernise New Zealand’s gambling market. Australia’s recent reforms to its Interactive Gambling Act will also impact New Zealand’s racing gambling market. Chris Linton and James Woods of Duncan Cotterill describe the regulatory background and rationale behind the Bill, what the Bill sets out to achieve, and whether it goes far enough. / read more

With the EU’s General Data Protection Regulation (‘GDPR’) entering into force on 25 May 2018, the UK published in September 2017 its draft Data Protection Bill (the ‘Bill’), which addresses how the UK will introduce areas of the GDPR into national law where the GDPR allows scope for variation between Member States, while also addressing other aspects of data protection besides the measures within the GDPR. Patrick Rennie of Wiggin LLP provides here an analysis of the draft Bill - reading it alongside the GDPR itself - and what it means for the gambling sector, identifying areas of interest such as around transfers of personal data and territorial application. / read more

In the last few months, the affiliate sector has been the focus of a substantial amount of attention, and operators have made headlines in connection with their affiliate programmes: Sky Betting & Gaming made the decision to end its Affiliate Hub programme - citing “growing regulatory concerns” - and a number of other operators have moved to reduce or clamp down on their own affiliate programmes. In the midst of this attention, Tom Galanis, Managing Director of i-gaming consultancy TAG Media, has co-founded the International Gaming Affiliate Association (‘iGAA’), which will work with its members to ‘improve their compliance with local and international law and to raise standards in the industry to responsibly market to and better protect end consumers.’ Simon Fuller of Online Gambling Lawyer spoke to Tom about the regulatory situation involving affiliates, and the formation and aims of the iGAA. / read more

Switzerland’s Parliament passed in late September 2017 the new Money Gaming Act, which consolidates the country’s existing laws on casino games and betting/lotteries respectively into one single law. Crucially, the new Act will remove the existing ban on online gambling and create a system whereby holders of terrestrial casino licences will have the opportunity to offer casino games online. Dr Andreas Glarner, Yannik Hässig and Dr Alexandra Körner of MME Legal Tax Compliance outline the new Act, how it amends the current regulatory framework and the Act’s controversial IP blocking measures, and discuss the prospect of a referendum being held to block the new law on the basis of concerns around these IP blocking measures. / read more

The Dutch Betting and Gaming Authority (Kansspelautoriteit, ‘KSA’) ‘renewed’ its enforcement policy in June 2017, adopting an especially strict approach towards targeting providers and facilitators of illegal online gambling. This approach has now been tested in the courts, in a case involving Betsson AB, while the KSA has separately carried out enforcement action against Catena Operation Limited for advertising illegal games of chance. Roelien van Neck and Lisette den Butter of Bird & Bird LLP analyse the KSA’s ‘renewed’ approach and the results of the Betsson AB case. / read more

The Spanish gambling authority (Dirección General de Ordenación del Juego, or the ‘DGOJ’) has announced that another window for operators to apply for licences to enter the Spanish gambling market will open within the next few months. This latest opportunity to enter into or expand within the Spanish market will be accompanied by further regulatory changes, for example in terms of the relaxation of certain restrictions on the types of games that can be offered. Albert Agustinoy, Partner at Cuatrecasas, outlines why this latest opportunity is significant and what regulatory changes to expect. / 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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