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Online Gambling Lawyer

Volume: 8 Issue: 11
( 2009)


News

The debate on online gambling heated up in the US, after a Congress hearing for two bills (HR2266 and HR2267) aimed at legalising online gambling was scheduled for 3 December. HR2266 aims to delay by one year the entry into force of the Unlawful Internet Gambling Enforcement Act (UIGEA). UIGEA was due to come into effect on 1 December, but its implementation has already been delayed until June 2010. / read more

Both Houses of the Polish Parliament have approved a law that restricts the practice of gambling to specific, approved casinos and betting shops, thus making online gambling uncertain. The Polish President signed the Act on Gambling Games on 1 December - the Constitutional Tribunal will now review the law. / read more

The UK government has proposed to create a fund for 'grassroots sports' by relying on 'voluntary levies' from UK bookmakers. In a November letter sent to representatives of the gambling industry and sports organisations, Sports Minister Gerry Sutcliffe outlined plans to create a 'voluntary levy' for financing the practice of sports. The fund would be managed by Sport England, a governmental body. / read more


Features

Poland approved this month a new law effectively banning online gambling in the Eastern European nation. In September 2009, the European Court of Justice (ECJ) ruled that countries can run state monopolies for online sports betting. / read more

The French Gaming Draft Law (hereinafter referred to as the 'Draft Law'), submitted on 25 March 2009, is currently under discussion at the Senate - the French Upper House of Parliament. The parliamentary debates were held on 7, 8 and 9 of October at the Lower House of Parliament, the National Assembly. Under a surprise last-minute amendment to Article 2, §3 of the Draft Law, betting exchanges were excluded from the Draft Law's scope of application. Accordingly, online gaming operators for betting exchanges should not be able to apply for a license after it was ruled that allowing punters to lay bets contradicted the principle of a gaming policy. This gaming policy principle is intended to monitor the supply and the practice of gambling on the internet and channel the demand, through a system controlled by the French government in the interest of public and social order. Betting exchanges are excluded from the liberalisation process since they are said to be too addictive. The Draft Law should enter into force by June 2010 at the latest, before the start of the FIFA World Football Cup in South Africa. / read more

The Danish government has proposed a new law for the deregulation of its gaming market, which could come into force by the summer of 2010. The proposed law will cover issues ranging from licensing and online gambling, to addiction and responsible gambling. Michael Vilhelm Nielsen, a Partner at Plesner, discusses what the new rules will entail. / read more

The northern German State of Schleswig-Holstein has recently announced it plans to abandon Germany's Interstate Treaty on Gambling, which bans online gambling nationwide. Dr. Wulf Hambach, a Partner at Hambach & Hambach, examines the possible effect of the state's move and discusses the current (and future) state of the online gambling ban. / read more

Svenska Spel, the Swedish gaming operator, recently launched a 'social responsibility tool' - the first of its kind - that monitors gambling behaviour. Dr Mark Griffiths, Dr Richard Wood and Dr Jonathan Parke, experts in the field of gambling psychology, examine the impact and potential repercussions of this new social responsibility tool. / read more

Recent advice from the Gambling Commission on house competitions has contributed to raising (again) the issue of the difference between skill and chance. Carl Rohsler, a Partner at Hammonds LLP, discusses the law relating to prize competitions and contests and asks whether there is a clearer picture of their potential as an alternative to gambling. / read more

Just weeks after the Bwin case, the Commission v Spain decision of 6 October 2009 illustrates a slightly different approach to the proportionality principle and how it applies to the gambling industry, in conjunction with social policy considerations. Santiago Asensi, a Partner at Asensi Abogados, examines the recent ruling and discusses it in light of the Bwin case. / read more

In a global market, one of the key issues facing online gambling operators is the problem of data transfers and data management. It is vital for these companies to be able to balance regulatory compliance ≠ wherever in the world the data transfer takes place ≠ with customer satisfaction and profitability. Susan Biddle and Louise Townsend, of Pinsent Masons LLP, examine the requirements of data protection legislation in the case of gambling data management. / 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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