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Online Gambling Lawyer

Volume: 8 Issue: 9
( 2009)


News

The European Court of Justice (ECJ) ruled on 8 September that Member States prohibiting private gambling operators offering games of chance via the internet if it is to combat crime, is in accordance with Article 49 EC Treaty. / read more

The US 3rd Circuit Court of Appeals rejected a claim on 1 September that the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) is unconstitutional. The claim - brought by a US not-for-profit trade association, the Interactive Media Entertainment & Gaming Association (iMEGA) – stated that the UIGEA is vague in the definition of illegal internet gambling and violates gamblers’ privacy right. The Court upheld a decision fromthe US District Court for the District of New Jersey. “The UIGEA did not change the law anyway”, said Linda Shorey, a Partner at K&L Gates. “It was an uphill battle for iMEGA from the start.” / read more

The UK Gambling Commission proposed revised guidance in August on the legal differences between prize competitions, free draws and lotteries under the Gambling Act 2005. The guidance would update 2007 recommendations to clarify 'ambiguity and to reflect changes to the [Gambling Commission's] general understanding of how the Act applies to each type of arrangement'. / read more


Features

The European Court of Justice's (ECJ) recent ruling that Member States could be allowed to ban gambling websites if its intention was to stop crime, could be a major setback in the liberalisation of the EU gambling market. It was hoped that the European Commission and the ECJ were actually in favour of markets opening up. However, the ruling strengthens the hand of countries, such as Portugal, that want to continue protecting their state monopolies. / read more

The Alderney Gambling Control Commission recently unveiled its new licensing framework that will split the current online gambling licence into two areas - business-to-business and business-to-consumer. Marcos El Charif and Melanie Ellis, Solicitors at Harris Hagan, examine the implications the framework will have on online gambling operators and regulators. / read more

The European Court of Justice (ECJ) recently issued its judgment in the preliminary ruling proceedings in Bwin and Liga Portuguesa de Futebol Profissional v Santa Casa da Misericordia de Lisboa - the Portuguese sports betting and lottery monopoly. The ECJ assessed whether Santa Casa's monopoly extension to include the internet is compliant with EU law. John Cloke, a Solicitor at DLA Piper, examines the ECJ's ruling and its implications for online betting operators in the EU. / read more

The UK Gambling Commission recently issued revised guidance on the legal differences between lotteries, prize competitions and free prize draws under the Gambling Act 2005. John Mayes, an Associate at K&L Gates LLP, examines the extent of the changes brought on by the Commission's revised guidance. / read more

The Liège Court of Appeal recently delivered a judgment confirming that the use of names and images of football clubs and football players on sports betting operators' websites is for a due cause, namely for the identification of football matches. Thomas Talos and Arthur Stadler, from Brandl & Talos Attorneys at Law, examine the implications of the decision on the ability for online sports betting operators to use football clubs' names and images. / read more

Online gambling regulators face a tough task in deciding how far they should get involved with the regulation of the activities of affiliates of licensees. Tom Lippiett, an Associate with Berwin Leighton Paisner LLP, explains how the activities of online gambling affiliates are regulated under British and UK regulations, examining areas such as advertising, data protection and tax. / 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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