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Online Gambling Lawyer

Volume: 16 Issue: 12
(December 2017)


The UK Government’s Department for Digital, Culture, Media & Sport (‘DCMS’) announced on 30 November 2017 that it is to ask the British Gambling Commission to prohibit, through a statutory licence condition, third party betting on non-UK EuroMillions draws; the announcement came via the DCMS’ response to its consultation on the matter (‘Consultation Response’), which was published in March 2017. The DCMS’ decision has led to criticism from some industry stakeholders, including from operators who currently offer such bets, such as Lottoland. / read more

The European Commission (‘EC’) announced in a press release (‘Press Release’) on 7 December 2017 that it is to close its infringement proceedings and treatment of relevant complaints against EU Member States whose regulatory regimes for online gambling it is alleged may not be in compliance with EU law. / read more


Following the publication of its Strategy 2018-2021, the British Gambling Commission hosted its Raising Standards Conference 2017 on 21 November, which further explored some of the themes emerging from the Strategy and the Commission’s priorities for the next few years, which include industry collaboration, the Commission’s work with the UK’s Competition and Markets Authority (‘CMA’) on consumer T&Cs in relation to promotions, and industry compliance with the General Data Protection Regulation. Susan Biddle, Legal Consultant at Kemp Little LLP, reflects on the themes raised at the Conference. / read more

On 9 November 2017, the Belgian Constitutional Court ruled, in response to three joined cases referred to it by the Council of State1, that the Belgian Gaming Act violates the Constitution insofar as it allows the accumulation of the exploitation of several supplementary licences of different classes through one and the same domain name and the URLs linked to it. Patrick Van Eecke and Kaat Scheerlinck of DLA Piper provide detailed analysis of the three joined cases, the Court’s decision, and the implications of the decision for the Belgian Gaming Commission’s licensing process and the Belgian gambling sector in general. / read more

At the British Gambling Commission’s Raising Standards Conference in November 2017, George Lusty, Project Director at the UK Competition and Markets Authority (‘CMA’), outlined changes that the CMA is expecting from operators to address the CMA’s and the Commission’s concerns around unfair practices, as part of the two bodies’ joint work on the matter. David Clifton of Clifton Davies Consultancy Ltd discusses the concerns relating to unfair practices that have so far been at the centre of the CMA’s enforcement work and what the CMA believes operators need to do to address those concerns, as outlined in Lusty’s speech. / read more

On 27 September 2017 the Multi-State Internet Gaming Agreement between Nevada and Delaware - a compact that allows the sharing of online poker liquidity between the two states - was amended to include New Jersey. This has led to the foundation of a Multi-State Internet Gaming Association, which will oversee the implementation of online poker and other permissible internet gambling games on an interstate basis, and ensure the correct implementation of the compact’s terms. Christopher L. Soriano of Duane Morris LLP explains the background to the formation of this interstate i-gaming compact, and analyses its significance in the US online gaming landscape. / read more

Individuals attempting to raffle their properties has been a recurring trend on the UK housing market, and this year appears to have seen an upsurge in such activities. Looking to address this, the British Gambling Commission issued on 18 August 2017 a press release entitled ‘Don’t take a gamble raffling your home,’ which warns of the need to ensure that gambling rules are followed when conducting a house raffle. Michael McDougall of TLT LLP discusses the considerations to bear in mind in ensuring that such raffles keep on the right side of gambling regulation. / read more

Following the European Commission giving the green light to the liberalisation of online bingo in Denmark, the Danish Parliament on 2 June 2017 adopted a Bill to implement this liberalisation. While the liberalisation of online bingo will not come into force until 1 January 2018, the Danish Ministry of Taxation has recently published a draft for the regulation of online bingo to be inserted into an amended version of the current Executive Order on Online Casino. The regulation focuses on how online bingo is conducted, covering topics such as the duration of the games, the numbers on the bingo cards, rules for prizes and stakes and so on. However, the draft’s description of the online bingo games that can be offered might give rise to some uncertainty in respect of the scope and what games are actually covered. Separately, the Danish Gambling Authority has issued a report on illegal gaming, which states that the regulator has recently increased its focus on websites that are marketing the gaming services of unlicensed operators. In this article, Jesper Madsen of Gorrissen Federspiel Advokatpartnerselskab analyses both developments. / 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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