Spain: First insights on the Draft Royal Decree on Gambling Advertising.

Authors: Paula González de Castejón & Elisa Lorenzo. As indicated in our previous entry in this blog, the Spanish Government has presented today the new Draft Royal Decree on Gambling Advertising in a press conference where the main measures contained on the said draft have been announced. The Spanish Ministry of Consumer Protection Affairs (Mr. Alberto Garzón) has announced that the Draft Royal Decree on Gambling Advertising will be released on Monday. After that publication, the so called informative process will start and therefore, all interested parties would be entitle to file comments to the proposed wording. From the information …

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Spain: Online gambling advertising, what’s coming next.

Authors: Paula González de Castejón and Elisa Lorenzo  As previously mentioned in this blog, the only piece of regulation of advertising of online gambling activities in force in Spain is by now a Self of Conduct Code that was approved in 2012. This code, which has been updated recently, has been accepted by most of the operators, being therefore de facto fully applicable in the Spanish market. However, for a long time the Spanish Government has announced its intention to publish a specific piece of regulation covering the advertising of gambling activities. On 2016 a first Draft Royal Decree regulating …

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Spanish Supreme court ruling: VAT on advertising services provided to non-EU gaming operators

Author: Alberto Lobato The Spanish Supreme Court has recently ruled against a Spanish entity of a well-known gambling operator, sentencing to pay over 980,000 euros of VAT accrued on advertising services provided to a Gibraltarian entity of the group. In its judgement, the Supreme court analyses whether or not advertising and marketing services provided by one of the entities of the gambling operator to another entity of the group domiciled in Gibraltar, operating worldwide in the online gaming business, are subject to Spanish VAT. In this regard, the general rule is that services rendered between VATable entities are located at …

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New sports betting licensing procedure starts in Germany

The 3rd amendment to the German State Treaty on Gambling (Glücksspielstaatsvertrag = GlüStV) entered into force on 1 January. This new law removes the cap for licences during the so-called experimental phase for sports betting, which runs until 30 June 2021.

The competent gambling licensing authority of Hesse, the Darmstadt Regional Council (Regierungspräsidium Darmstadt), has already published the minimum licensing requirements that need to be fulfilled to qualify for a licence.

In a notice of 2 January 2020, the authority informed that applications may be submitted by post or e-mail. The licence is granted on the condition that the applicant meets the minimum requirements. The licensing procedure is not subject to any deadlines and further information, including a list of FAQs, is available on the website of the authority.

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The Netherlands – Update Remote Gambling Act

Developments surrounding the Remote Gambling Act (‘RGA‘) have not come to a halt since the announcement of the six-months’ delay of the RGA’s entry into force. In a speech at the GIH breakfast event that took place yesterday, chairman of the Dutch Gambling Authority (Kansspelautoriteit or KSA) René Jansen, shed some more light on different topics. A full English transcript of the speech is available here. We attended the briefing and will discuss the most striking points below. Furthermore, motions have been adopted in Dutch Parliament relating to the introduction of the RGA, which we will also discuss below. Speech …

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Spain: Tips for drafting gambling operators TT&CC

Author: Elisa Lorenzo The Spanish Gambling Regulator (the “General Directorate for Gambling Affairs” or “DGOJ”) has recently published some guidelines containing very useful recommendations for the drafting of the terms and conditions (TT&CC) which online gambling operators licensed in Spain should apply while dealing with Spanish customers, and defining the main principles, criteria and practices that said TT&CC should comply with. These guidelines are published with the aim to (i) facilitate the online gambling operators the drafting of their TT&CC, ensuring that abusive clauses are not included in this type of agreements; (ii) reinforce the legal certainty for all participants …

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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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