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Online Gambling Lawyer

Volume: 7 Issue: 10
( 2008)


News

The European Court of Justice (ECJ) has issued an Opinion that Portugal should have notified the European Commission of legislation extending an exclusive right for Santa Casa da Misericórdia de Lisboa to operate lotteries and off-course betting to the internet under Directive 98/34/EC, as a technical regulation that 'prohibits the use of a service'. / read more

The Gambling Commission has proposed a statutory levy on the gambling industry if it does not adopt improved voluntary arrangements to raise funds for the treatment and education of problem gamblers from April 2009, as proposed in a 21 October report prepared by the Commission for the Department for Culture, Media and Sport (DCMS). / read more

UK remote gambling operators licensed by the Gambling Commission are able to advertise on Google UK, following Google's 17 October revision of its advertising policy, which had placed a ban on gambling related advertising in 2004. / read more


Features

The Advocate General's (AG) Opinion that governments must notify the European Commission of legislation extending a state gambling monopoly to the internet is good news for operators, however it broke no new ground. / read more

The European Court of Justice issued an opinion in the bwin v Santa Casa case, stating that Portuguese legislation extending Santa Casa da Misericórdia de Lisboa's exclusive right to the operation of electronic gambling - particularly on the internet - should have been notified to the European Commission under Directive 98/34/EC as a technical regulation that 'prohibits the use of a service'. Thomas Talos and Petra Thurner, at Brandl & Talos Attorneys at Law, examine the admissibility of a monopoly concerning internet betting. / read more

Germany's Federal Banking Supervision Authority (BaFin) has refused to recognise most e-payment providers as being compliant with the Banking Act, which incorporates any payment provider offering services in German to German account holders. Dr. Michael Hettich, a Junior Partner with Hambach & Hambach, discusses how the Payment Services Directive will force the BaFin to change its strict interpretation of e-money as that stored on a medium owned by the customer, and the implications that this will have for online gambling companies and payment providers. / read more

Gambling operators will be required to implement changes to the Gambling Commission's Licence Conditions and Codes of Practice (LCCP) from 1 January 2009. The principle changes surround the 'key event' reporting requirements, the requirements for providing information to customers about licensed status, and the social responsibility measures. John Hagan and Melanie Ellis, of Harris Hagan, consider the main revisions to the LCCP. / read more

The Interactive Media Entertainment & Gaming Association (iMEGA) filed an appeal in the United States Court of Appeals for the Third Circuit in April 2008 to reverse the denial of their claim for a declaratory judgment that the Unlawful Internet Gambling Enforcement Act (UIGEA) is unlawful and unconstitutional. Stephen Saltzburg, a member of iMEGA's legal team, examines the lawsuit challenging the constitutionality of the UIGEA and iMEGA's appeal. / read more

The Court of Appeal in Stockholm referred five questions to the European Court of Justice for preliminary ruling as regards criminal proceedings brought against two Swedish Editors. They were held responsible for placing advertisements for foreign remote gambling operators in Expressen and Aftonbladet - two national newspapers - arguing that it was a criminal offence under the Swedish Lotteries Act. Martin Arendts, Attorney at Law with Arendts Anwälte, discusses the consequences of the case for foreign gambling operators and for Swedish newspapers. / read more

The prohibition on advertising an 'invitation to subscribe any money or money's worth...', as previously contained in s.42(1)(c) of the Gaming Act 1968, was removed by the Gambling Act 2005. However, this prohibition continues to vex advertisers and broadcasters as a result of the operation of article 130(1)(c) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985, which replicates the wording of the old s.42(1)(c) and applies in Northern Ireland. Carl Rohsler and Laura Perkins, of Hammonds LLP, discuss how to address the problems this creates. / 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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