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Online Gambling Lawyer

Volume: 8 Issue: 1
( 2009)


News

The Czech Republic's Ministry of Finance (MFCR) is to present a new Gambling Act to Parliament at the end of January which will license Czech online gambling companies, but prohibit overseas operators. The MFCR issued temporary permits to the country's five main operators (Chance, Fortuna, Sazka, Synot Tip and Tipsport) in December, which allowed them to offer internet betting from 5 January. / read more

Five gambling associations are to jointly oppose the UK Government's approach to implement a statutory levy to combat problem gambling, an approach considered to be "fundamentally flawed" by Clive Hawkswood, Chief Executive of the Remote Gambling Association (RGA). The associations - who established the Confederation of Gambling Associations (COGA) in December 2008 ≠ will meet on 23 January to discuss their joint response to the Department for Culture, Media and Sport's consultation on the proposed levy. / read more

The Belastingdienst ≠ the Dutch tax authority ≠ sent tax demands to online poker players for undeclared income earned from foreign gaming sites ≠ whilst not taxing income earned from domestic gaming sites ≠ in January, despite a previous ruling from the European Court of Justice (ECJ) stating that this is prohibited. In the Lindman case (C42/02), the ECJ ruled that Article 49 of the EU Treaty prohibits a Member State's legislation under which winnings earned from games of chance organised in other Member States are subject to income tax, if winnings from games of chance conducted in the Member State in question are not taxable. / read more


Features

If the Czech government adopts a restriction on foreign remote gambling operators under its amended Gambling Act, it will need to ensure that the Act cannot be challenged in the courts by proving that such restrictions are necessary for public interest reasons that cannot be achieved using less restrictive measures. / read more

Online 'penny auction' sites allow bidders to win expensive items at a price that appears unbelievably cheap, however users are charged by the site for each bid that they place. Dr. Mark Griffiths, a Professor of Gambling Studies at Nottingham Trent University, examines how 'penny auction' sites operate, and whether they should be regulated. / read more

The Dutch Minister of Justice, Ernst Hirsch Ballin, recently launched an investigation into the manner in which gaming licences are granted and how the procedure can be improved. Aernout Kraaijeveld, Attorney At Law at Van Mens & Wisselink N.V., examines recent developments in the investigation. / read more

Under a legislative change introduced by the Finance Act 2007, Italy's gaming regulator began to licence and regulate remote skill games. Quirino Mancini, a Partner with Sinisi Ceschini Mancini, examines how confusion has arisen over whether the legislative change applies to offline poker tournaments, and highlights useful guidance issued by the Council of State in November 2008 on the application of the legislation to remote skill gaming only. / read more

A number of sporting organisations have begun to explore the idea of selling a 'right to offer bets' to gambling operators. Carl Rohsler and Marine Baudriller, of Hammonds, examine methods that have been used by sports organisations to try and establish ownership of event name and statistics - for example - in order to control who can offer bets, and whether granting the right to bet to one gambling operator might be detrimental, by removing competition in offering the best odds, thereby deterring the punter. / read more

A Swedish court has ruled that a person cannot be taxed on winnings from online gambling sites based in another EU Member State, as winnings from the state operator are not taxable. Ulf Isaksson and Mattias Pettersson examine the application of Swedish law to online gambling winnings, and the court's reasoning in coming to its decision. / read more

The Committee of Advertising Practice Code and the Broadcast Committee of Advertising Practice Code were amended under the Gambling Act 2005 to regulate gambling operators, who must ensure that their adverts are socially responsible and do not harm or exploit children, young people or vulnerable adults. David Brooks, a Senior Associate at Taylor Wessing LLP, reviews the ASA's rulings relating to gambling advertisements that fell foul of the Codes in 2008. / 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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