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Online Gambling Lawyer

Volume: 16 Issue: 6
(June 2017)


The German Federal State of Schleswig-Holstein coalition agreement, published on 16 June 2017, has announced that the State will not approve the Second State Treaty Amending the Interstate Treaty on Gambling that is intended to enter into force in Germany in January 2018. Instead the new coalition will withdraw from the current Interstate Treaty on Gambling and together with other Federal States (e.g. North Rhine-Westphalia, Rhineland-Palatinate and Hesse) seek a viable solution for the regulation of sports betting, which will include online casinos and poker games, in line with European law and which will be based on the regulations of the Schleswig-Holstein Gambling Act 2012. “The plans of the new coalition in Schleswig-Holstein are a big chance for a completely new regulation in Germany,” said Dr Michael Stulz-Herrnstadt, Partner at DLA Piper. / read more

The Dutch Gaming Authority (‘KSA’) announced on 27 May 2017 a change in its enforcement policy, effective as of 1 June 2017. It promises to actively target operators who have a distinct focus on the Dutch market, signalling stricter enforcement. / read more

The Illinois Senate passed on 31 May 2017 a draft Bill that would legalise both daily fantasy sports (‘DFS’) and online gambling in the State; following the Senate’s 42-10 vote in favour of the Bill, the draft legislation will now be considered by the House. / read more


In March 2017 the previous UK Government published its consultation on Prohibiting Third Party Betting on the Outcome of non-UK EuroMillions (‘Consultation’); the Government was clear about its starting position, stating that it intended to ban GB Gambling Commission licensees from taking bets on any non-UK EuroMillions draws. This position has proved controversial, for instance the operator Lottoland has reportedly asked the Department for Culture, Media & Sport (‘DCMS’) for a review period to allow research to be carried out on the issue. With the DCMS apparently now analysing responses, Andy Danson, Partner at Bird & Bird LLP, provides his opinion on the consultation, the tentative wording therein in relation to the proposed ban, and the next steps for the DCMS. / read more

The Swedish Gaming License Inquiry released a report in March 2017 outlining its recommendations for a new legislative system that would introduce substantial reforms to the Swedish gaming market. This would replace the current monopoly system and introduce a new licensing system for gambling companies in Sweden and abroad to be able to bid for licences to offer online casinos and betting services. The Inquiry’s proposal also puts forward a shake-up of gambling marketing rules, self-exclusion requirements and more. Ulf Isaksson, Partner at Danowsky & Partners Advokatbyrå KB, analyses the report’s proposals and the shape of the market that would be created. / read more

In October 2016 the UK Advertising Standards Authority (‘ASA’) found against Ladbrokes following a complaint about an ad featuring images from the Marvel superhero film Iron Man 3. The ASA found that the ad breached CAP Code rules 16.3 and 16.3.12 as the ASA considered that the Iron Man character’s ‘comic book nature, and the availability of various related toys, meant [the ad] was likely to have particular appeal to children and young people.’ However, In light of Ladbrokes’ successful appeal against the ruling, James Myles of consultancy Eta Delta revisits the ASA’s position on the ad. / read more

The Malta Gaming Authority has the ambitious aim of ‘future-proofing’ the gaming sectors it regulates, in order to retain Malta’s position as the jurisdiction of choice for remote gaming excellence. An overhaul of Malta’s regulatory landscape is in the works, which includes amongst other things: the potential establishment of a National Betting Exchange; the possible regulation of cryptocurrencies for betting; and the transformation of gaming licence classification. Malcolm Falzon and Terence Cassar of Camilleri Preziosi Advocates discuss the context to the planned changes in Malta, the potential changes in practice and the key issues that they look forward to being addressed as part of the process. / read more

In April this year the GB Gambling Commission issued a fine and formal warning to the operator BGO in relation to marketing and advertising breaches, the first such instance of a licence review by the Commission for these reasons. Richard Williams, Partner and Joint Head of Licensing and Gambling Team at Joelson reviews the circumstances that led to the BGO licence review, and outlines the key lessons for operators. / read more

Back in the summer of 2015, daily fantasy sports (‘DFS’) had yet to fully arrive on the radars of US regulators and attorneys general, but had certainly attracted the attention of investors and players, even if its legal status was yet to be significantly scrutinised. By autumn that year, the emergence of attorneys general opinions on DFS shifted the legal risk around such activities; in the time since, a large number of states have seen their attorneys general opine on DFS’ legal status or else have enacted state law to regulate or ban DFS in the state. A recent California court case, Los Angeles Turf Club v. Horse Racing Labs, which analysed whether a fantasy horseracing contest - on a site called Derby Wars - was a gambling event, has added to the legal complexity. Kate C. Lowenhar-Fisher and Gregory R. Gemignani of Dickinson Wright examine the effect of regulation on DFS, discuss the implications of Los Angeles Turf Club v. Horse Racing Labs, and assess the legal situation in regards to DFS in the US today. / read more

Sarah Kaylinger, Lawyer at Thomson Geer, provides an update on the introduction of further restrictions to gambling advertising in Australia and the new consumer protection measures being adopted for online gambling that will form Australia’s National Consumer Protection Framework. / 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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