EUROPEAN REGULATION
In conjunction with Chris Elliott and Beth French of Wiggin LLP,
iGB Affiliate provides a regulatory snapshot of igaming across
the EU, including all regulated products, legalised operator types
and market updates
AUSTRIA
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery.
Operator Type: Licences for sports betting
and horse race betting are available for
private operators on a regional basis within
Austria whereas poker, casino, bingo and
lottery are controlled by the monopoly,
Casinos Austria, which has exclusive rights
until 2027.
Status: In 2016, national courts reached
conflicting decisions on the compatibility
of Austria’s current gambling legislative
framework with EU law, which remains
unclear. The Austrian Ministry of Finance
recently opened a public consultation on
amendments to the Gambling Act, which
would introduce ISP-blocking measures
and an express provision rendering
gambling contracts contrary to the
Gambling Act void. The consultation
ends on 8 March, 2018.
and players are in place. A draft bill
containing responsible gambling measures
is being reviewed by the Belgian Council
of State.
BULGARIA
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery (excluding raffles and
instant lottery games).
Operator Type: All products are available
to private operators except for lotteries,
which are reserved exclusively for the
monopoly provider.
Status: Any operator from an EU/EEA
jurisdiction or the Swiss Confederation
can apply for a licence. The Bulgarian
regulator has awarded approximately
20 licences to date, including to a number
of international operators. The change
from a turnover to a GGR tax-based
system has prompted a number of local
licence applications.
BELGIUM CROATIA
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery.
Operator Type: All products are available
to private operators save for lotteries, which
are reserved exclusively for the monopoly
provider. However, online operators need
to partner with local casinos in order
to satisfy the land-based establishment
requirement; alternatively, apply for one of
the 34 retail licences (F1 licences) that can
be extended to cover online (F1+ licence).
Status: There remain valid arguments
that the existing regime is incompatible
with Belgium’s EU Treaty obligations.
The introduction of VAT at 21% of GGR
for online games of chance in 2016 may
also be subject to legal challenge. Active
enforcement measures against operators Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery.
Operator Type: All products are available
to private operators except for lotteries,
which are reserved exclusively for the
monopoly provider. Private operators can
only be licensed to offer igaming if they
obtain a land-based casino or betting licence.
Status: Following Croatia’s accession to
the EU in 2013, it was understood it would
submit new legislation that was compatible
with EU law. However, on 5 March, 2014,
the Croatian government notified a draft bill
to embolden the position of the monopoly
and local operators, giving rise to further
incompatibility issues. The receipt of a
detailed opinion from the EC stalled the
legislative process.
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iGB Affiliate Issue 68 APR/MAY 2018
CYPRUS
Regulated Gambling Products: Sports
betting, horse race betting and lottery.
Operator Type: OPAP has a monopoly
over lottery operations; sports-betting
licences are available to private operators.
Status: Cyprus regulated online betting in
July 2012, although a licensing regime was
not established until 2016. Applications
for online sports-betting licences were
accepted for a one-month period only
from 3 October, 2016. ISPs are obliged to
implement blocking measures to prohibit
Cypriot residents from accessing unlicensed
gambling websites. Cyprus has notified
new draft gambling legislation to the EC
in response to concerns about the equal
treatment of gambling operators in the
country. The Betting Law of 2017 was
submitted to the EC on 28 June, which,
among other things, sought to remedy
an infringement identified by the EC in
2012. However, the EC and Malta issued
comments against the draft, with Cyprus
given three months to respond.
CZECH REPUBLIC
Regulated Gambling Products: Sports
betting, horse race betting, poker, casino,
bingo and lottery.
Operator Type: EU and EEA-based
operators are able to apply for licences.
Status: Amendments to republic’s gambling
legislation became effective on 1 January,
2017, and allows EU/EEA companies
to apply for online licences. The first
international operator licence was granted
on 28 January, 2017. The licensing regime
has recently been called into question after
at least one operator announced it would
no longer pursue a licence, citing the current
regime as incompatible with EU law. There
is no transitional/grace period for licence
applicants while awaiting full licensure.
DENMARK
Regulated Gambling Products: Sports
betting, fantasy sports, horse race betting,
poker, casino, bingo and lottery.