iGB Affiliate 71 Oct/Nov | Page 83

WEBMASTER WORLD Operator type: Betting licences are available for companies with a representative in Poland. Casino and poker are reserved for a state monopoly. Status: Legislation enacted 1 January, 2012, permits betting. Following the approval of various amendments to the Gambling Act, online gaming (including poker) is no longer prohibited as of 1 April, 2017, although the exclusive rights to offer such products are reserved for a state monopoly. Provisions that provide for the establishment of a blacklist of unlicensed operators and ISP and payment blocking came into force on 1 July, 2017. The blacklist contains more than 1,000 domain names. 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: A regulated market since 2015. Although operators can now apply for licences, their Portuguese revenue streams will be subject to comparatively high tax rates, particularly in sports betting, which is 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. On 30 January, 2018, the Portuguese gambling regulator published a call for contributions on the review of the current regulatory framework for online gambling. 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 in 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 that 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: Monopoly, save that land- based sports-betting operators can offer services online owing 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, included the introduction of ISP and payment blocking of illegal online gambling offerings in the Slovak territory. Slovakia’s Financial Directorate began to perform its supervisory function over these blocking measures from 1 July, 2017. New draft legislation has been notified to the EC with a view to liberalising the market in 2019. The proposed legislation, if passed, will allow private EU/EEA operators to apply for online gambling licences. 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: Draft amendments to the Gaming Act were published in 2015, which aim to remove the current local establishment requirement. The proposal is yet to be submitted to the Slovenian parliament, although it is expected to be adopted in 2018. Whether any amendments will introduce a formal licensing system remains unclear. SPAIN Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: Private operators can apply for licences for all gambling products save for lottery. Status: First online licences were issued on 1 June, 2012. Operators must hold a general licence and a specific licence, both issued by the National Gambling Commission, for each activity. In June 2015, 10 new licences were awarded, the first since 2012. In addition, 25 online slot permits were issued to new and existing operators. This followed the approval of the regulation of slots and betting exchanges. The Spanish regulatory body DGOJ has formally opened its third call for tender, with applications for online licences accepted from operators for a period of one year, until 18 December, 2018. On 16 January, 2018, online poker liquidity sharing between Spain and France came into effect. The 2018 parliamentary budget was passed into law in June 2018, resulting in a reduction to gambling tax effective as of 1 July, 2018. 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 lottery may obtain a licence. No licences are available for private operators, although this will change with the introduction of the new legal framework. Status: The Swedish parliament adopted a bill that will introduce an online-gambling licensing regime. The law is expected to enter into force on 1 January, 2019, with the licence application process open as of 1 August, 2018. 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 71 OCT/NOV 2018 81