iGB Affiliate 72 Dec/Jan 2019 | Page 58

EU law. ISP-blocking measures are active in the jurisdiction. DENMARK Regulated gambling products: Sports betting, fantasy sports, horse race betting, poker, casino, bingo and lottery. Operator type: Sports betting, poker and casino licences are available to private operators. Lottery is controlled by the state monopoly. Status: The Danish online gambling regime went live on 1 January 2012. ISP-blocking measures are active in the jurisdiction and the Danish Gaming Authority has been granted an injunction to block operators and suppliers that have been targeting Danish customers without the requisite licence. Danish political parties have reached an agreement to introduce limits on bonuses. The Ministry of Taxation is understood to be aiming for a 1 January 2019 implementation, although the exact proposed changes are currently unknown. ESTONIA Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: Licences for all gambling products are available to private operators save for lotteries, which are reserved exclusively for the monopoly operator. Status: Operators seeking to accept business from players in Estonia must be issued an activity licence for the type of gambling they wish to offer, then an operating permit to provide the services remotely. A blacklist of about 1,100 operators is maintained and updated by local authorities and ISP and payment blocking is in force. Though some operators argue that the regime is still not compatible with EU law, there has been no open challenge by the EC to date. FINLAND Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: All gambling products are under the exclusive control of monopoly provider Veikkaus Oy. 54 iGB Affiliate Issue 72 DEC 2018 / JAN 2019 Status: Despite the existence of a national monopoly, EC enforcement action has been dropped subsequent to various changes to Finnish laws. Active enforcement measures are in place (restrictive marketing for offshore operators and ISP blocking). FRANCE Regulated gambling products: Sports betting, horse race betting, poker, bingo and lottery. Operator type: Private operators can obtain online licences for sports betting, horse race betting and poker. The monopoly has exclusive rights to bingo and lottery. Status: A regulated market since the introduction of a licensing regime in 2010, following which the EC withdrew its infringement proceedings. Parliament has given its formal approval to plans to privatise the state-owned operator of France’s national lottery games, Française des Jeux (FDJ), with broader regulatory changes to the online sector expected to follow. GERMANY Regulated gambling products: Schleswig- Holstein, a small northern German state, regulates sports betting, horse race betting, poker, casino and bingo. The other 15 states of Germany currently permit only sports betting and horse race betting. Operator type: Private operators can no longer obtain licences in Schleswig- Holstein and those in existence will expire on 30 June 2019. In the other 15 states, horse race betting licences are available at a regional level but the position surrounding the 20 available sports-betting licences is still uncertain. Status: The main legal framework for gambling regulation in Germany has been the subject of much debate and has been heavily criticised by the European Commission and interested parties/ states within Germany for a number of years. Its legal standing is highly questionable, particularly in light of a decision of the CJEU (in Sebat Ince, 2016), which found the sports betting tender process to be incompatible with EU law and called into question the restrictive remote gambling regime in general. The decision led to calls for comprehensive legal reform of Germany’s gambling legislation. In March 2017 all 16 German states signed amendments to the country’s gambling law; however, on 22 September 2017, Schleswig-Holstein’s state parliament voted against ratifying these, with North-Rhine Westphalia and Hesse since announcing their intention to follow suit. Without full state support, the intended changes did not take effect, further delaying reform. A Federal Administrative Court ruling on 26 October 2017 upheld the ban on online casinos and poker. The ruling, which is now the subject of a constitutional complaint, appears to have led to action by local regulators seeking to enforce the prohibition of online casinos by issuing interdiction letters to operators. Payment-blocking initiatives are also being pursued. GREAT BRITAIN Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: All licences are available to private operators save for lottery, which is reserved exclusively for the monopoly provider, Camelot. Status: Any operator that transacts with, or advertises to, British residents requires a licence from the Gambling Commission. Licensed operators are required to source gambling software from commission- licensed businesses. The UK government has announced its intention to increase Remote Gaming Duty to cover a shortfall in lost tax revenue resulting from a reduction in maximum stakes on fixed odds betting terminals from £100 to £2. Both changes are set to take effect from April 2019. GREECE Regulated gambling products: Sports betting, horse race betting and lottery. Operator type: All products are exclusively reserved for the monopoly providers, although 24 transitional licences for private operators remain active, with all products permitted.