Europe

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: 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 – 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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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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Finland: Finnish Competition Authority to conduct an extensive assessment on the legitimacy of the Finnish state operated gambling monopoly in 2019

As for background, Finland has traditionally had one of the most stringent gambling regimes in the EU with a legal monopoly in place under the Lottery Act (2001/1047). The legal monopoly for the execution and marketing of physical and remote games resides with Veikkaus Oy Ab, a legal entity owned fully by the Finnish government. The monopoly covers games of chance, betting, toto games, slots machines and casinos. Gambling profits are distributed under the Lottery Act to certain “good social and public causes”. The supervision of the execution and marketing of games resides with the Finnish National Police Board. The Finnish …

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SWEDEN: New Swedish gambling legislation from 1 January 2019

Since the new gambling legislation came into effect in Sweden on 1 January 2019, a number of gambling license applications have been submitted to the Swedish Gambling Authority (Sw. Spelinspektionen). On 27 December 2018, the Swedish Gambling Authority stated that it had received 88 applications for online gambling and betting. As of today, 60 applications have been granted. To retain a granted license, each licensed gambling operator must obtain certification for their technical solution by an accredited body before 1 July 2019. If such certification is not obtained, the approved license will be revoked. If you have any questions regarding the …

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