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Online Gambling Lawyer

Volume: 9 Issue: 3
( 2010)


A new Bill (S3108) that aims to regulate online gambling on a national scale has been introduced in the United States. The Bipartisan Tax Fairness and Simplification Act (BTFSA) was introduced into the US Congress by Senators Judd Gregg - a Republican - and Ron Wyden - a Democrat - on 23 February. The Bill, which aims to simplify and reform the US Tax Code, is the first to tie the regulation of internet gambling to a law with larger implications. "We applaud Senators Wyden and Gregg for taking this initiative to address and drive [the i-gaming] issue", said Michael Waxman, spokesperson for the Safe and Secure Internet Gambling Initiative. / read more

The ARJEL, the French authority in charge of the regulation of online gambling, has released the technical, organisational and legal specifications that operators must satisfy if they wish to obtain a licence to operate on French territory. / read more

A new bill banning the processing of any unauthorised online gambling payments has been signed into law in Norway. / read more


ECJ Advocate General Mengozzi criticised the lack of a harmonised European gambling policy in his Opinion on the 'Markus Stoß and others' case. Furthermore, the new EU Commissioner for the Single Market, Michel Barnier, announced on 11 February, while addressing Members of the European Parliament, that the 'European gaming legislation should be brought together, independently of the currently pending proceedings'. Barnier believes a 'Green Paper' on gambling will be the way forward. Are supporters of a harmonised gambling Union being given false hope or is Europe really moving closer to one online gambling community? / read more

In Germany, powers relating to gaming are exclusively controlled by the Federal State and the Länder. In sixteen Länder, there is a regional monopoly for the organisation of sports betting and lotteries, while the organisation of betting on horse races and the operation of slot machines and casinos is liberalised and entrusted to approved private operators. Following a ruling from the German Federal Constitutional Court, the former liberal framework was replaced by the Inter-State Treaty ('Glücksspielvertrag') on Games of Chance in Germany ('the Treaty'), which entered into force on 1 January 2008. The Treaty prohibits any organisation or brokering of public games of chance on the internet. / read more

Over the years, European institutions - in particular, the EU Commission - have evolved in the way they approach the European gaming market and the respective domains of private operators and national monopolies. Maarten Haijer, Director of Regulatory Affairs at the European Betting & Gaming Association, analyses the EU's past and present positions in the debate on gambling in Europe. / read more

Recent legislative developments in the opening of the French gambling market have raised more issues than answered the questions relating to advertising or operators' obligations. Diane Mullenex and Annabelle Richard, from Ichay & Mullenex Avocats, examine recent amendments to the Draft Bill and the future planned for gambling operators and players in France. / read more

New gambling regulation in Estonia has created certainty for operators wishing to establish themselves on the national market. However, because of the general character of many measures, national and foreign operators are faced with a degree of uncertainty regarding their rights and obligations. Kaupo Lepasepp, Partner at Sorainen, examines the content of the new gambling legislation in Estonia. / read more

Although Luxembourg's legal framework is prima facie strictly opposed to gaming activities, Michaël Kitai, Lawyer at Barreau, explains why the Grand Duchy has become an attractive jurisdiction of choice for European and international companies willing to operate online gaming activities, and why many invest in the state. / read more

In light of the gambling cases pending before the European Court of Justice for preliminary ruling and of the Opinions issued by the Court's Advocates General, the principle of transparency under EU law - a specific expression of the principle of equal treatment - is the current focus of attention. Thomas Talos and Nicholas Aquilina, of Brandl & Talos Attorneys at Law, examine the relevance of this principle of EU law for the gaming sector. / 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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