also applies to agreements with third parties as data processors . In case third parties like service providers located in or outside the EU may have access to personal data it will have to be assessed in each case whether such processing is in line with the new regulation or if additional measures need to be taken . In this regard it is to be expected that in spite of the length of the new regulation a number of details still are unclear . Considering the amount of obligations included in the GDPR the transition period until May 2018 is not too long and the GDPR is to be taken seriously .
4 . Service and License Agreements – IP-Rights In the technology driven sector of remote gambling the conclusion of license agreements is essential . The more third party services or software are implemented the higher is the long term dependency on such third party providers . This means that respective agreements need to be drafted carefully and determine in detail the scope of all services to be provided , including service levels and consequences if service levels are not achieved , grant of rights to the extent that know-how , software , patents and
Applicable EU law
Specific fields of law ( data protection , IP , etc .)
General obligations under national law
Decisions Contracts
trademarks are licensed , rights with regard to personal data which are processed as well as terms and consequences of termination with regard to IP including software and data , etc . Like in any other cross-border agreement , in addition to the scope of services and mutual obligations , general issues such as liability , warranties , duration , applicable law , place of general jurisdiction , etc . are to be addressed .
III . Summary and Conclusions International remote gaming operators act in a complex legal and tax environment which frequently is more than one step behind the fast moving technological progress . The legal development often is influenced by political goals such as the protection of state monopolies or state owned companies . The result is uncertainty regarding applicable legal and tax provisions .
Nevertheless it remains a crucial task of the management of an operator to assess and evaluate potential risk and react accordingly . In this regard decisions should be made and contracts should be drafted under consideration and careful balancing of a variety of aspects as illustrated below .
National gambling law
National and international tax law
Frieder Backu is Partner of SSW Schneider Schiffer Weihermueller , one of the leading German law firms in the field of information technology law . He studied law at the universities of Munich and London . Following Backu ’ s studies at university he passed an education as certified expert for tax law and for information technology law . His focus is online and information technology law . Since 2002 Backu consults and represents international gaming companies with respect to their business activities in Germany . He is co-author and editor of the monthly law journal ITRB ( www . itrb . de ) and author of numerous publications in the field of IT law and taxes . He is Member of the German Bar Association , Munich Bar Association and the Information Technology Working Group of the German Bar Association ( DAV IT ). He is general member of IMGL .
Law of customer state
POC taxes in customer state
Tel : + 49 89 54349 100 Fax : + 49 89 54349 170 email : frieder . backu @ ssw . muc . de
26 | European Gaming Lawyer | Autumn Issue | 2016