Spain: No more betting on events participated by minors

The protection of minors has always been one of the main concerns of the Spanish online gambling regulator (the “Dirección General de Ordenación del Juego” or “DGOJ“). In this respect, the DGOJ has just approved a resolution prohibiting the possibility to offer bets on games participated – mainly or exclusively – by minors. This resolution – which has been published on the Spanish Official Gazette and enters into force today (July 23, 2019)- has been approved after giving interested parties the possibility to file comments to the draft resolution published on June this year.

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The Netherlands: KSA shuts down advertising on 23 affiliate marketing websites

The KSA announced today that it investigated 44 Affiliate marketing websites. Out of these 44 websites, the KSA found advertising for online gambling on 26 websites. 20 websites removed advertising for online gambling after notification by the KSA, three websites only did so after the KSA threatened to impose penalties on them and three other websites are still under investigation. Earlier actions in 2016 and 2017 led to 17 websites ceasing their online gambling advertising. Sharif Ibrahim and Richard van Schaik

The Netherlands: Minster provides update on reform Dutch lottery market

On 5 July 2019, the Dutch Minister for Legal Protection issued a letter to the Dutch House of Representatives, elaborating on the future reform of the Dutch lottery market. In this letter, it was re-confirmed that the Dutch government wishes to modernize the Dutch lottery market. The Minister announced that the government wants to limit the risks associated with gambling, such not by means of limiting the amount of operators, but by means of setting rules and by supervision over compliance. Also, the  Minister expressed again that the government does not see organizing lotteries as a key government activity. Current …

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The Netherlands: New fines for providing remote gambling services and the promotion thereof

On 24 June, The Netherlands Gambling Authority (Kansspelautoriteit or “KSA“) announced that it imposed fines of EUR 270,000 on Simbat Entertainment Systems Limited for providing remote gambling services (online gambling/games of chance) via at least eleven different websites, targeted at Dutch players. The KSA considered Spinity Limited as the promotional agent of Simbat and the KSA has also imposed a fine of EUR 100,000 on Spinity for promoting (advertising) Simbat’s remote gambling services. The KSA took the official decision to impose these fines already in July 2017; both parties appealed this decision (and the publication thereof) at the administrative division …

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Prize Promotions Around the World: Launch of New Edition

The fourth edition of DLA Piper’s popular Prize Promotions Around the World online guide is now available.  The guide has been fully updated and also includes four new jurisdictions, to bring the total coverage to 39 jurisdictions. Prize promotions (including promotional sweepstakes and skill competitions) remain a hugely popular marketing tool used globally by organisations to engage with customers. The internet and social media platforms make this an attractive, cost efficient means of reaching a large, multi-jurisdictional customer base; but it is not without its legal challenges. This guide is designed to equip DLA Piper’s clients with a useful tool …

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The Netherlands: Update Remote Gambling Act

Last week, at the Gaming in Holland conference, chairman René Janssen of the Dutch Gambling Authority (Kansspelautoriteit or “KSA“) and Dennis van Breemen of the Ministry of Justice and Safety (Ministerie van Justitie en Veiligheid) provided new updates regarding the Dutch Remote Gambling Act (Wet online kansspelen op afstand, “RGA“). the envisaged timelines for the full implementation of the RGA; the status of the secondary legislation in relation to the RGA; the (additional) criteria which future licensees have to fulfill; and the updated form “I want a remote gambling licence“.   We provide you with a brief overview of those …

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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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The Netherlands: Euro 400K fine for addressing Dutch market

Today, the Dutch Gambling Authority (“KSA”) announced that on 4 January 2019, it imposed a fine of EUR 400,000  on 1x Corp N.V. and Exinvest Limited, companies vested in Curacao and Cyprus. The companies were  offering gambling services to Dutch consumers via several websites, such by means of having the websites (partially) in Dutch, using iDeal as payment method, etc., all such without having  licenses. Both companies have appealed KSA’s decision.   Richard van Schaik    

New AML guidelines for gambling in Germany

The highest gambling supervisory authorities of the German states have recently published new guidelines on the interpretation and implementation of the German Anti-Money Laundering (AML) Act. Gambling operators and intermediaries have been waiting for an update of the guidelines since the new AML Act that transposes the 4th AML Directive came into force in June 2017. Although the guidelines are not binding for German courts of law, they give valuable insight into how the German gambling authorities would like the AML Act to be applied by gambling operators and intermediaries that are offering their services in Germany. One particular focus …

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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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