WEBMASTER WORLD
and poker will be reserved for a state
monopoly from 1 April 2017.
Status: Legislation enacted 1 January
2012 only permits betting and there are
currently only five licensed operators in
Poland (Fortuna, Milenium, STS, E-Toto
and Totolotek). In December 2016, a
Government bill proposing amendments
to the Gambling Act was approved, which
removes the current prohibition on online
gaming (including poker), although reserves
the exclusive rights to offer such products
to a state monopoly. The amendments
also provide for the establishment of a
blacklist of unlicensed operators and the
introduction of ISP and payment blocking.
The amendments will come into force in
April 2017, with the exception of provisions
relating to enforcement, which will come
into force on 1 July 2017.
PORTUGAL
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery.
Operator Type: Any EU/EEA operator
can apply to be granted a licence for online
gambling. Lottery games and land-based
fixed odds sports betting remain reserved for
a monopoly.
Status: Portugal’s online gambling
legislation was passed by Parliament in
late February 2015 and came into force on
29 June 2015. While operators can now
apply for licences, their Portuguese revenue
streams will be subject to comparatively
high tax rates, particularly sports betting,
subject to an 8-16% tax on turnover. In
2015, the RGA filed a state aid case with
the EC challenging the Portuguese betting
tax as breaking EU trade rules. There is
no deadline for the licensing window or
limit on the number of licences that may be
issued. Delayed technical standards were
introduced in December 2016, paving the
way for operators to certify their online
systems to obtain a licence. The regulator is
known to have granted five licences.
ROMANIA
Regulated Gambling Products: Sports
betting, horse race betting, casino, bingo
and lottery.
Operator Type: Any operator from
an EU/EEA jurisdiction or the Swiss
Confederation can apply for a licence.
Lottery games remain reserved for the
monopoly.
Status: The Romanian government
passed legislation at the end of 2014 that
allows entities within the EU to apply for
a licence, imposes a reform on licence fees
and eliminates many (but not all) of the
tax burdens placed on player revenues.
The Gambling Law (as amended)
introduced a legal framework for a fully
regulated online gambling market, and
requires licences to be held by online
gambling operators, as well as software
providers, payment processors, affiliates
and testing labs. After some delay,
the secondary legislation which fully
implemented the new licensing regime
came into force on 26 February 2016. The
National Office for Gambling in Romania
published a blacklist of unlicensed
gambling operators in July 2015.
SLOVAKIA
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery.
Operator Type: All products are operated
by the monopoly save that land-based
sports betting operators can offer services
online due to a legal loophole.
Status: In November 2016, a bill
amending the existing gambling
legal framework was approved. The
amendments, which entered into force on
1 January 2017, include the introduction
of ISP and payment blocking of illegal
online gambling offerings in the Slovak
territory. The supervisory function in
respect of ISP and payment blocking
measures will not be active until July
2017. Whether amendments will also
be made to introduce a formal licensing
system remains unclear.
SLOVENIA
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery.
Operator Type: Online gambling must be
operated by land-based casinos or lotteries
and, as a result, only the monopoly holds
online licences in Slovenia.
Status: The Finance Ministry notified
secondary regulations for the operation of
online gambling services to the European
Commission on 17 August 2016. The
proposals would remove the cap on the
number of licences and the requirement
for a local establishment, although sports
betting would remain as a monopoly.
SPAIN
Regulated Gambling Products: Sports
betting, horse race betting, casino, poker,
bingo and lottery.
Operator Type: Private operators can
apply for licences for all gambling
products save for lottery.
Status: The first online licences were
issued on 1 June 2012. Under the law,
operators must hold a general licence and
a specific licence for each activity from
the National Gambling Commission. In
June 2015, 10 new licences were awarded,
the first since the market opened in 2012.
Also 25 online slot permits were issued to
new and existing operators. This followed
the approval of the regulation of slots and
betting exchanges.
SWEDEN
Regulated Gambling Products: Sports
betting, horse race betting, poker, bingo
and lottery.
Operator Type: Only public benefit
organisations, the horse racing industry
and the state lotte ry may obtain a licence.
No licences are available for private
operators.
Status: The Swedish government is
under pressure to update its regulations.
The commencement of infringement
proceedings by the EC appeared to
mobilise the government. However, a bill
that sets out to strengthen the position
of gambling monopolies has been
submitted to parliament. Simultaneously,
the government has confirmed it is
proceeding with an investigation into
reforming the law with a view to
potentially opening up was due to the
market to private operators in due course.
The review will conclude at the end of
March 2017.
Wiggin is a law firm dedicated to supporting the media,
entertainment and gaming sectors. Its market-leading
Betting and Gaming group provides specialist legal
services to an array of gambling industry stakeholders.
We advise many of the world’s leading gambling
operators and suppliers and also enjoy helping
entrepreneurial, interactive start-up businesses. If you’d
like to hear more, contact us at [email protected].
iGB Affiliate Issue 62 APR/MAY 2017
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