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Online Gambling Lawyer

Volume: 16 Issue: 4
(April 2017)


“The impact of the proposals forwarded by the legislative commission will be profound for the Swedish gaming market,” said Ulf Isaksson, Partner at Danowsky & Partners, in response to the proposals put forward following the Gaming License Inquiry review commissioned by the Swedish Government and led by Håkan Hallstedt, Director General of the Lottery Inspectorate, into the reorganisation of Sweden’s gambling market. The report ‘A re-regulated gaming market’ was submitted to the Swedish Government on 31 March 2017, and includes proposals for new gaming regulations that aim to create a gaming market that achieves a high level of consumer protection and clear regulatory conditions for those wishing to operate on the Swedish market. The review recommends amongst other things bringing an end to the online monopoly held by state-owned Svenska Spel AB and analyses the role that the state should have going forward in a re-regulated gaming market. / read more

Advocate General (‘AG’) Szpunar delivered his Opinion in Case C-49/16 Unibet International Limited v. Nemzeti Adó- és Vámhivatal Központi Hivatal on 5 April 2017, which centres on the question of whether a Malta-based firm intending to offer online games of chance on the Hungarian market should not be subject to the requirement of obtaining a licence if it is obvious from the outset that participation in a procedure for obtaining such a licence would not be successful. AG Szpunar’s Opinion states that Article 56 of the Treaty on the Functioning of the European Union (‘TFEU’) precludes national legislation that provides that an operator of online games of chance, legally established in another Member State, has the “theoretical possibility” of obtaining a licence when that operator is impeded from obtaining a licence due to the system being either discriminatory or lacking the requirements of proportionality or transparency and as such “an infringement of such a system by an economic operator cannot give rise to penalties.” / read more


On 8 February 2017, Australia’s Interactive Gambling Amendment Bill 2016 was passed by the House of Representatives and introduced to the Senate the following day. On 21 March 2017, the Senate agreed to one substantial amendment to the IGA Amendment Bill proposed by Senator Nick Xenophon and returned it back to the House for further debate, which has still yet to take place. Jamie Nettleton, Karina Chong and Joseph Abi-Hanna of Addisons Lawyers, provide an overview of the key features of the IGA Amendment Bill for offshore gambling operators, details of the amendment and what happens next. / read more

The controversial new Horserace Betting Levy Regulations 2017 (‘the Regulations’), which seek to extend the current horserace betting levy to bookmakers based overseas, are being scrutinised for compliance with European State Aid rules. However, there are good grounds to believe that the Regulations may not be compliant and that once in place they may be subject to further legal challenge, as Dan Tench, Partner at Olswang LLP, explains. / read more

In preparation for the 2018 FIFA World Cup that is going to take place in Russia, the Russian authorities have amended the law on advertising1 to allow betting operators more freedom to advertise their services, specifically online. This does however come at a cost as betting operators are now required to make quarterly contributions towards Russian sport, based on their income. The new legal framework came into force at the beginning of April and there are still questions about how it is going to operate in practice, as Dr Lana Haworth, Solicitor at MMS Law, explains. / read more

The Great British gambling industry is currently under scrutiny from multiple regulators and is facing declining levels of public trust. Dan Waugh, Partner at Regulus Partners, assesses the current state of gambling in Great Britain, reviewing the developments since the Budd Report and shares his views on the need for the industry to engage in serious discussion about the root causes of market dysfunction and the type of industry that those involved in gambling would like to build. Dan shares his views that the solution could be to place the customer and their enjoyment at the heart of the industry. / read more

In early February 2017 the US state of New Jersey enacted a Law - codified as P.L. 2017, Chapter 11 - which authorises the operation of for-profit lottery courier services within the state. Such lottery courier services will be able to not only operate online but also offer electronic depictions of purchased lottery tickets, enabling couriers to offer lottery tickets via an electronic option, whereby the courier stores the patron’s ticket rather than delivering it. The Law has provoked some commentary as to whether it represents a move towards an online lottery - or ‘iLottery’ - offer in New Jersey. Christopher L. Soriano, Partner at Duane Morris LLP, details the new Law and looks at whether lottery courier services represent a path to iLottery expansion in the US. / read more

Bas Jongmans, Gaming Law Attorney at Gaming Legal Group and Hester Bais, Financial Law Attorney at Bais Legal, provide their opinion on the Dutch Financial Watchdog’s recent move to ban advertising of certain financial products, and particularly those products with the hallmarks of games of chance. / 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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