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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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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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Renewal of online casino licences in Schleswig-Holstein

The governing coalition of Schleswig-Holstein has signed a draft law that is intended to renew the online casino licences that have recently expired. This draft law is one step further than the draft of an amendment to the German State Treaty on Gambling that will only allow new sports betting licences but sticks to the ban on online casinos. The new law of Schleswig-Holstein is expected to be passed in May and the new online casino licences are to be valid until 30 June 2021. For the period after June 2021, it is intended to develop a new regulatory framework which, according to the wishes …

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New sports betting licences in Germany

The draft of an amendment to the German State Treaty on Gambling has been published. The amendment is intended to allow issuing new (online and offline) sports betting licences. This includes:

  • Extending the so-called experimental phase for sports betting from 30 June 2019 to 30 June 2021 with the possibility to extend up to 30 June 2024.
  • Removing the quota system for sports betting licences to allow issuing more than just 20 licences.
  • Entry into force on 1 January 2020 if all participating German states ratify the treaty until 31 December 2019.

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SWEDEN: The Swedish administrative court of appeal (Sw. Kammarrätten) upholds decision to impose fines against Swedish evening papers for providing links to offshore gambling services.

In September 2013, the Swedish Gambling Authority (Sw. Lotteriinspektionen) issued an injunction under a penalty of a fine of SEK 45 000 per day against the evening papers Expressen och Aftonbladet for publishing links to offshore operated gambling services. The papers appealed the decision arguing that the Swedish Gambling Authority’s decision was in violation of Swedish Fundamental Law on Freedom of Expression (Sw. yttrandefrihetsgrundlagen) and that the prohibition against promotion of offshore gambling services was incompatible with EU law. The Swedish administrative court of appeal concluded that gambling advertisements are of commercial nature and, as such, not protected by the …

SWEDEN: The Swedish administrative court of appeal (Sw. Kammarrätten) upholds decision to impose fines against Swedish evening papers for providing links to offshore gambling services. Read More »

Update: German Sports Betting Regulation

By Dr. Michael Stulz-Herrnstadt and Christoph Engelmann The state parliament of Schleswig-Holstein announced that it will not approve the new State Treaty on Gambling. They want to push for an entire new law that includes licenses for online casinos as mentioned in their coalition agreement. In addition the administration of North Rhine-Westphalia announced that it will not ratify the new law and that it stopped the implementation of the new responsibilities (the new law provides that North Rhine-Westphalia takes over the sports betting regulation from Hesse). The consequence of this situation is that the new State Treaty will not enter …

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