DLA Piper esports Laws of the World is now live!

DLA Piper esports Laws of the World is meant to be a review of the main legal issues affecting eSports in the main jurisdictions worldwide. After months of hard work with our colleagues all around the world, we are ready for the launch of DLA Piper eSports Laws of the World. It was the result of fantastic teamwork, which shows the commitment of our firm to provide our clients with innovative tools to support their business. The esport market has been booming over the last years, but unfortunately, or fortunately, in some cases, regulations have not been able to catch up. Gambling, …

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Ukraine is making another attempt to legalize gambling

Ukraine is making yet another attempt to legalize gambling after its complete ban in 2009. After it was announced by the President of Ukraine Mr. Volodymyr Zelenskyi earlier in 2019 about his intention to revert back gambling in Ukraine on legal basis, the Government of Ukraine has prepared and submitted to the Ukrainian Parliament a comprehensive draft on regulation of gambling that was registered by the latter on 17 October 2019. The draft prepared by Ukrainian Government (the “Draft Law”) provides for the regulation of the following types of gambling activities: a. casino; b. online casino; c. betting; d. online …

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The Netherlands – Introduction Remote Gambling Act 6 months delayed

Earlier this week, the Dutch Minister for Safety and Justice informed Dutch Parliament that the entry into force of the Remote Gambling Act (“RGA“) is now scheduled for 1 January 2021 (available in Dutch here). This means that the earlier anticipated entry into force-date of 1 July 2020 has been postponed with six months. After the entry into force of the RGA, operators will be able to apply for a remote gambling licence. The expected opening of the market is (again) expected to be six months after the entry into force of the RGA and thus on 1 July 2021. …

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Spain: News on the online gambling advertising code of conduct

Authors: Elisa Lorenzo and Lucia Signes. On 14 November 2019, a proposal to amend the Self-regulation Code of Conduct on Commercial Communications for Online Gambling Activities has been agreed by the Self-Regulation Code of Conduct Joint Monitoring Commission (Comisión Mixta de Seguimiento del Código de Conducta sobre Comunicaciones Comerciales de las Actividades de Juego) which will enter into force for all adherent members on 15 January 2020. The updated Spanish version is available here. Particularly, significant limitations related to bonuses and advertising promotions have been established in the draft amendment, including, among others, that bonuses or promotions may not be …

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The Netherlands – KSA publishes further conditions for online licenses

The Dutch Gambling Authority (“KSA“) has published new information on the conditions that need to be met in order to obtain a licence for online games of chance (available in Dutch here). We also note that the KSA has indicated that it will organize workshops for potential applicants for a remote gambling licence. In these workshops, further information and details about technical requirements will be provided. Dates of the workshops are to be announced at a later stage. For more information, we refer to the KSA’s update in English here. Below, we give a high-level overview of the new information …

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New changes to Russian gambling rules signal continued development of online gambling

Recent changes in law have solidified the emerging legal framework for online betting in Russia. Solid legal ground Since 2006, Russian law categorically prohibited any online or distance gambling in any form. The prohibition was made without exception. In 2014, however, a curious concept was introduced – the “Interactive Bet” with regard to bookmaking and totalizators. The description of the Interactive Bet was initially vague and poorly understood. Some understood the Interactive Bet to mean that online gambling was suddenly legalized, while others more conservatively scrutinized the letter of the law to understand the Interactive Bet in much more limited …

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Ceuta&Melilla: requirements for reduced gambling tax rates

Authors: Alberto Lobato & Elisa Lorenzo  With the aim to promote gambling companies to be based in the Spanish Territory – particularly in the territories of Ceuta and Melilla-, the Spanish Government introduced an amendment to the Spanish Gambling Law (Law 13/2011 on gambling activities) in 2018 establishing a 50 percent reduction in the applicable gambling tax rates (except for Sport Betting organized at a State level) for operators with tax residence and actually established in the Autonomous Cities of Ceuta and Melilla. Of course, in order to be eligible for these reduced tax rates, the operator must be tax …

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DLA Piper obtains a landmark decision against fee charging for commercial gaming brokerage licences

DLA Piper has successfully obtained a landmark decision against the German state of Lower Saxony before the Administrative Court of Berlin. The court stated that the legal basis for the charging of fees for commercial gaming brokerage licences in Germany is ineffective (judgement of 26 June 2019, case number VG 4 K 207.17).

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2020: New sports betting licences in Germany

Beginning in January 2020, new remote and land-based sports betting licences will be granted in Germany. The competent gambling authority of Hesse has already published the minimum licensing requirements that need to be fulfilled to qualify for a licence. Sports betting operators who wish to receive a licence can prepare the necessary documents for the application now.

The attached newsletter gives an overview over the licensing procedure. We have also published an unofficial translation of the minimum licensing requirements and its annexes.

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The Netherlands – Highest fine by KSA

Today, the Dutch Gambling Authority (Kansspelautoriteit or “KSA”) announced it has imposed a fine of EUR 470,000 on Trannel International Limited This is the highest fine ever imposed to a single entity by the KSA up until now. The KSA decided that the operator offers online gambling targeted at the Dutch market through its .eu website. The offering included inter alia online casino games and sports betting. In its decision, the KSA stated that the operator violated the rules at least in the second half of 2018. More in particular, the following circumstances were taken into account by the KSA (some of …

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Key takeaways from Hesse’s informational meeting on sports betting licenses in Germany

On 13 August 2019 the competent gambling licensing authority of Hesse, the Darmstadt Regional Council, held an informational meeting on the upcoming 2020 sports betting licensing procedure in Germany. This was an opportunity for stakeholders in the sports betting industry in Germany to discuss questions about the recently published minimum licensing requirements directly with the authority. DLA Piper attended this meeting and here are our key takeaways:

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Getting The Deal Through – Gaming: Gambling regulation in Germany (2019)

Dr. Michael Stulz-Herrnstadt and Christoph Engelmann have published the chapter on gambling regulation in Germany in the second edition of Gaming in the Getting The Deal Through series. This chapter provides an overview of the laws and regulations that apply to gaming companies in Germany. Topics include: licensed and unlicensed gambling, licensing requirements for land-based and remote gambling, advertising restrictions and current developments affecting gaming operators. You may download the complete chapter here. This article originally appeared on our MSE Passle.

The Netherlands – KSA imposes another fine

Today, the Dutch Gambling Authority (Kansspelautoriteit or “KSA”) announced it has imposed a fine of EUR 350,000 on a Gibraltarian operator. The KSA decided that the operator offers online gambling targeted at the Dutch market through its .com website. In its decision, the KSA stated that the operator violated the rules in 2018 and 2019. More in particular, the following circumstances were taken into account by the KSA (some of which are included in the KSA’s prioritization criteria as listed here): the website com was accessible from a Dutch IP-address (i.e. no geo-blocking); it was possible to perform payments through …

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The Netherlands: Draft Ministerial regulation published for public consultation

Yesterday, 24 July 2019, the Minister for Legal Protection published his draft ministerial regulation remote gambling (“RRG”) for public consultation. The RRG concerns the implementation of the Remote Gambling Act and the Remote Gambling Decree. Feedback and comments can be provided until 18 September 2019.   Background Where the Remote Gambling Act is a formal (framework) law, the Remote Gambling Decree is a General Administrative Order (Algemene Maatregel van Bestuur or AMvB) containing material subject matters (which is currently being prepared by the Ministry). The Remote Gambling Act delegates details to be included in secondary legislation (the Remote Gambling Decree) and …

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