avatar

Christopher Elliott

Author's details

Name: Christopher Elliott
Date registered: March 3, 2014

Latest posts

  1. GB: Commission launches consultation on keeping crime out of gambling — October 1, 2015
  2. Sweden: Government to review the abolishment of the Swedish gambling monopoly — September 24, 2015
  3. Poland: Amendment to the Polish Gambling Act signed by the Polish President — August 4, 2015
  4. GB: ASA publishes latest advice on how to comply with the CAP Code — July 30, 2015
  5. Portugal: Fees set for online gambling licences — July 21, 2015

Most commented posts

  1. Poland: Modified draft amendment to the Polish Gambling Act — 1 comment
  2. Poland: Consequences of proposed amendment to Polish Gambling Act for foreign operators — 1 comment

Author's posts listings

GB: Commission launches consultation on keeping crime out of gambling

The Gambling Commission has published its latest consultation on its proposed changes to provisions in the Licence conditions and codes of practice (LCCP) which link to the prevention of crime associated with gambling.

The consultation comes in the context of the implementation of the 4th Anti Money Laundering Directive, and includes proposed revisions to the LCCP and the Commission’s anti-money laundering guidance.

Sweden: Government to review the abolishment of the Swedish gambling monopoly

Written by Christopher Buller, DLA Nordic

In an article published in the Swedish newspaper Dagens Nyheter, the Swedish Minister for Public Administration, Ardalan Shekarabi, has announced that the Swedish government will investigate the abolishment of the current monopoly and the introduction of a Swedish licensing system, wherein non-licensed gambling providers should effectively be prevented from providing their services on the Swedish market.  Read the rest of this entry »

Poland: Amendment to the Polish Gambling Act signed by the Polish President

By Anna Wietrzyńska-Ciołkowska, Counsel, DLA Piper, Warsaw.

The website of the office of the Polish President recently published the information that last Friday, 31 July, the President signed the modified amendment to the Polish Gambling Act. The scope of the amendment is described in this earlier post.

The amendment will come into force 14 days following its official publication. Taking into consideration that on average it takes four weeks to have a signed bill published, we should expect the amendment to become binding law around mid-September.

 

GB: ASA publishes latest advice on how to comply with the CAP Code

The Advertising Standards Authority’s latest advice draws upon recent adjudications to offer useful advice about how to ensure gambling ads fall the right side of the line of Britain’s advertising standards.

Read the ASA’s advice here.

Portugal: Fees set for online gambling licences

By Antonio Moura Portugal and Margarida Leitão Nogueira, of ABBC & Associados, Lisbon

The Portuguese Government published today Ordinance (“Portaria”) no. 211/2015 that sets the fees payable for the official approval of the gambling technical system, for the issuance of online gambling licence, for the extension of such licence and for the authorization to operate games of chance.   The chart with the fees due per each category can be found here.  An English translation of the chart fees can be found here.

For any additional information, please contact:

António Moura Portugal a.portugal@abbc.pt or

Margarida Leitão Nogueira m.nogueira@abbc.pt

Poland: Modified draft amendment to the Polish Gambling Act adopted by the Polish Senate

By Anna Wietrzyńska-Ciołkowska, Counsel, DLA Piper, Warsaw.

Last Friday, 10 July, the modified draft amendment described here was adopted by the Senate (the upper chamber of the Polish Parliament) without any amendment. Once it is signed by the Polish President and published, it will come into force 14 days following its publication.

It is interesting that the representative of the Polish government presenting the modified amendment mentioned during the discussion that the Regulator is working on two further changes to the Polish Gambling Act to be processed and adopted by the next Parliament. One of them is said to introduce the possibility of blocking online gambling websites, while the other is to change the regulation of poker.

Poland: Modified amendment to the Polish Gambling Act – voting in the Senat next week

By Anna Wietrzyńska-Ciołkowska, Counsel, DLA Piper, Warsaw.

Further to our last post about the express mode of adopting the modified amendment to the Polish Gambling Act, there have been some further developments.

The legislative office of the Senat (the upper chamber of the Polish parliament) has announced a couple of amendments to the modified draft adopted in the Sejm (the lower chamber of the Polish parliament). However, they were not accepted by the Senat’s commission for budget and public finances at their last meeting on 23 June. The commission recommended the adoption of the modified amendment in the version originally adopted by the Sejm.

Voting on the modified amendment is scheduled for 8 July. If no amendments are added by the Senat, the modified draft will become final, and – after being signed by the president – it will become binding law within 14 days of publication. In the case of any amendments, the modified draft would have to be sent back to the Sejm for another vote. Since the new Polish president takes up office in August (and he is supported by the opposition party which was against the said amendment), it seems that the governing party will not risk extending the legislative process and will do its best to have it signed by the current president by the end of July.

Portugal: Regulator publishes draft technical standards, games rules and standards for the approval of testing labs

By Antonio Moura Portugal, Partner, ABBC & Associados, Lisbon

On 29 June 2015, the Games Commission of Turismo de Portugal has approved the following draft regulations on online gambling for public consultation: Read the rest of this entry »

Poland: Modified draft amendment to the Polish Gambling Act

By Anna Wietrzyńska-Ciołkowska, Counsel, DLA Piper, Warsaw.

The Sejm (the lower chamber of the Polish parliament) has recently adopted a significant modification to the draft amendment to the Polish Gambling Act. If it is adopted by the Senat (the upper chamber of the Polish parliament) and signed by the president by October this year, it will allow foreign gambling operators to have a presence in Poland by establishing a Polish branch or by appointing a Polish representative.

Read the rest of this entry »

Hungary: Proposed amendment to the Gambling Act

Written by Balint Damosy

A proposed amendment to the Hungarian Gambling Act has been submitted to the Parliament on 16 June by an MP of the majority party.

According to the reasoning of the proposal, the aim is the more detailed regulation of online casino and card games (mainly technical provisions), but there some significant changes also.

The proposal would only allow two online casinos to be granted a licence by the Gambling Authority. The effective Gambling Act does not contain such a restriction, i.e. all 7 land-based casino house concession holders could theoretically be granted a remote casino and card gambling licence.

Read the rest of this entry »

GB: ASA reminds operators of need to publish compliant ads

In a recent adjudication, the Advertising Standards Authority (“ASA”) has issued a timely reminder of the need to place sufficient prominence to significant terms of a promotion in marketing messages.  The adjudication comes in the midst of operators being asked by the Gambling Commission to demonstrate compliance with their marketing obligations under the Licence Conditions and Codes of Practice (“LCCP”).

The ASA concluded that the advert in question, which appeared on a full page of the operator’s website, had not stated significant limitations and qualifications of the ‘free bet’ offer.  The LCCP require operators to ensure that significant conditions are made clear in the adverts themselves or, if the advert is significantly limited in space (e.g. banner ads), that significant terms are prominently displayed no further than “one-click” away.

Importantly, the ASA determined that, as the advert appeared as a full page on the operator’s own website, the advert was not significantly limited by space, and determined that the material terms of the offer should have been stated in the advert itself, rather than being one-click away.  The advert was therefore misleading and breached the CAP Code.

It comes as a reminder to operators of their compliance obligations in the marketing of promotions, an area which has maintained a high level of public interest and regulatory scrutiny.

You can read the ASA’s adjudication here.

GB: Commission publishes list of ADR entities

The Gambling Commission has published a list of the ADR providers who have submitted an application to the Commission to become approved as ADR entities.  You can access the list here.

British licensees must ensure that their chosen ADR provider is approved by the Commission by 9 July 2015.  The Commission will publish a register of approved ADR entities once it has determined the applications.

Australia: Racing Queensland Boards Abolished & Greyhound Racing Industry Report

By Thomas Zhong

The Queensland State government has announced a restructure of the racing industry in light of an inquiry into the greyhound racing industry. The Report published by inquiry commissioner Alan MacSporran was highly critical of the greyhound racing industry, noting that:

public confidence may have been dealt an almost terminal blow by the exposure of what is likely to have been a widespread practice of live baiting in the greyhound racing industry… the practice of live baiting could not be engaged in without the acquiescence of many, who although not directly involved, chose to ignore the cruelty and turned a blind eye.”

The key recommendation from the Report was the separation of commercial and integrity branches of the industry – allowing for one body to concentrate on the business (to maximise commercial success) and the other body to focus on ensuring integrity (with the prioritisation of animal welfare issues).

Other recommendations include:

  • a new statutory authority be created which is dedicated to ensuring the integrity of the Queensland racing industry.
  • an all codes board be established as the control body for all three codes of racing (Thoroughbred, Harness and Greyhound).
  • the tracking of Greyhounds from birth to leaving the racing industry.
  • increasing oversight over licensing requirements and compliance with the rules of racing.

The Queensland Inquiry is the first of three Inquiries announced by State Governments in Australia, with the New South Wales report due on 30 September 2015 and the Victorian report due imminently.

A copy of the Queensland Inquiry Report can be viewed here.

UK: Tweaks to Rules on Sales Promotions and Competitions

By Jack Randles and John Wilks

The UK’s Committee of Advertising Practice (“CAP”) has introduced changes to the provisions of its advertising code which deal with the running of sales promotions, including prize promotions. The full regulatory statement explaining and setting out the changes is here. The amendments to Chapter 8 of the CAP Code came into force on 1 May 2015. The main aim of the changes was to increase consistency with European legislation. Read the rest of this entry »

GB: Revised LCCP comes into effect

A new version of the Gambling Commission’s LCCP comes into force today for all operators and personal licence holders (with certain exceptions, as set out in the document).  You can access the new LCCP here.

The revised LCCP was first published in February 2015, with further minor updates made in April 2015.  These April updates relate to:

  • paragraph 8 of social responsibility code provision 3.5.3 (automated self-exclusion facilities) which will come into force on 31 October 2015, in line with other amendments which require system development;
  • updated references to consumer rights legislation to refer to the Consumer Rights Act 2015 ;
  • social responsibility code provision 6.1.1 which will require gambling operators touse an ADR entity which has been approved by the Gambling Commission from 9 July 2015.

A summary of the key LCCP changes can be accessed here.

EU: Working paper on online gambling EU VAT issues published

Richard Woolich – Tax Partner, Gambling Group

The EU VAT Committee has published the working paper in connection with their March discussions on the complex EU VAT issues concerning on-line gambling.  It has no force of law.  Two points worth picking up in particular:

  1. There is a fairly thorough analysis of taxable amount, with the conclusion, based on case law (and indeed  in line with the recent Irish guidance) that winnings paid back can be excluded from the taxable amount where there is a legal or statutory obligation to pay out a certain percentage of takings as  winnings, and that amount is known by all parties before the service is supplied.  The paper also deals with bonuses (generally expecting them also to be excluded from taxable amounts) and how to calculate the right amount of VAT to pay in each Member State.
  2. There is a statement that Member States can apply different conditions and limitations to the application of the EU VAT betting exemption, subject to the principle of the fiscal neutrality.  There is a call for individual Member States to provide clarity on the treatment in their jurisdiction in the hope that more certainty will avoid litigation.

Any queries, please contact Richard.woolich@dlapiper.com

GB: Advertising of ‘free’ bet promotions

Much has been made of the recent review of gambling advertising, with the marketing of free bets and bonus offers continuing to be a focus, prompted by an increase in the number of complaints about these types of offer.  Claire Sng, of DLA Piper, assesses the challenges faced by operators following the commitment made to police free bet offers more closely.

Read article How ‘Free’ is your ‘Free Bet’ Promotion? which appears in the March/April edition of iGaming Business.

UK: CAP publishes latest advice on gambling advertising

The Committees of Advertising Practice (CAP), which write and maintain the UK’s Advertising Codes, has published its latest advice on marketers wishing to place adverts for gambling products.  Read their latest advice here.

GB: Commission publishes rating system on the protection of customer funds

The Commission has published its rating system and an advice note to operators on the requirements to segregate customer funds and disclose to customers the level of protection offered in the event of insolvency.

This ratings category must be included in operator’s terms and conditions by 31 December 2014.

By 2 February 2015, information must be made available to the customer at the point of deposit (including the ratings category) and acknowledged by the customer before being allowed to deposit for the first time.

 

Poland: Consequences of proposed amendment to Polish Gambling Act for foreign operators

By Anna Wietrzyńska-Ciołkowska, Counsel, DLA Piper, Warsaw.

On 21 October 2014, the Council of Ministers considered a draft amendment (version as of 17 October 2014) to the Polish Gambling Act dated 19 November 2009 which envisages a new opportunity for foreign gambling operators to obtain a permit or a license for conducting gambling activities in Poland.

Read the rest of this entry »

Older posts «