Focus Europe, Germany: On-line flutters

Germany and its federal states have so far adopted an almost puritanical approach to on-line gambling, but, reports Wulf Hambach, pressure is building for legislative reform.

The Interstate Treaty on Gambling (ITG), which came into force at the beginning of January 2008, forms the centre of Germany’s gaming legislation, and has been the trigger for hundreds if not thousands of court cases causing divergent decisions.

The treaty aims at the continuation of the state’s monopoly and a general prohibition of the brokering of on-line games by 2011. To implement this prohibition, the treaty also provides for the issue of suspension orders to German internet service providers.

After having received the draft of the new state treaty, the European Commission started the notification procedure. In March 2007, the EU Commission issued an opinion against Germany in which it determined that the prohibition of the on-line operation and brokerage of gaming was not in compliance with the freedom of services according to Article 49 of the EC treaty. … Continue Reading

New French Gaming Legislation: Requirements Imposed on Operators by the Cahier des Charges

On March 1st, 2010, the ARJEL (the newly-created National Regulatory Authority of the French online gambling market) has issued a Draft Specification Requirements List (Cahier des Charges in French, hereinafter referred to as the “Requirements List”) which provides the reader with useful guidance with respect to the definitive outlook of the Requirements List. It is worth recalling that the goal of the Requirements List is to provide for the conditions which must be fulfilled by online gambling operators willing to obtain a license to offer games of chance to French consumers. It is on the basis of the guidance provided in the aforementioned Requirements List that potential applicants for a license can prepare their licensing application file. … Continue Reading

New UK Licence Requirements

The Government has today released a consultation document on the regulatory future of remote gambling in Great Britain. The Government’s preferred option is to introduce a statutory requirement for online gambling operators licensed within the EEA, Gibraltar and white listed jurisdictions to obtain a licence from the UK gambling Commission if they wish to transact with British consumers and/or advertise to the UK. A 12 week consultation period begins today but, in view of the terms in which the consultation is drafted, we believe it is almost certain that the Government’s final decision will be to introduce the proposed UK licence requirement. … Continue Reading

Harris Hagan March Newsletter

Inside this issue

• France: verification requirements
• Florida: proposal for online poker
• Gambling News in Brief
• Fixed Term consumer contracts
• Credit crunch as force majeure
• EU: New Consumer Rights
• UK Gambling Advertising

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Video Lottery Terminals in Italy

The gaming industry in Italy has seen profits soar over the last 5-6 years, with the introduction of new regulations aimed at expanding betting opportunities for Italian gamblers. With more than €8bn generated in tax revenues every year from a total gaming turnover of nearly €50bn, it is little surprise that the government is becoming increasingly reliant on this sector to provide money for otherwise depleted state coffers.

Further to the tremendous success achieved by the introduction of State-monitored street-AWPs and a pioneering licensing regime for online operators, Video Lottery Terminals are the latest category of products to emerge as an opportunity in the Italian market. Alas, not without a healthy deal of Italian drama. … Continue Reading