iGB Affiliate 72 Dec/Jan 2019 | Page 59

WEBMASTER WORLD Status: The enabling regulations that implement a Greek online gambling licensing regime are yet to be implemented. In 2012, a ‘transition period’ commenced, whereby the Greek government granted 24 transitional licences to operators, enabling them to keep transacting with Greek residents. In September 2018, the government published draft amendments to the country’s Gambling Law which if implemented as proposed, introduce an open licensing regime with unlimited licences, prohibit RNG-based games and maintain the current 35% GGR tax. HUNGARY Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: Only the state monopolies (Szerencsejáték Zrt. and Magyar Lóversenyfogadást-Szervezo Kft) and local concession companies can apply for a licence. Status: Amendments to Hungarian gambling law came into force on 1 October 2015 and allow only two land-based casinos to hold remote casino concessions. The regulator has since issued fines, a number of which have been challenged, against unlicensed operators that continue to target the market. In June 2017, the ECJ determined Hungary’s gambling regime to be incompatible with Article 56 TFEU. A subsequent ECJ decision in February 2018 ruled against the Hungarian requirement that online gambling operators must have a land-based licence to offer online gambling services to Hungarian citizens, further strengthening arguments that the current regime is incompatible with EU law. The Hungarian Ministry of Justice has stated its intention to continue to seek to enforce the existing regime despite the most recent ruling. A draft bill that would introduce payment-blocking measures was notified to the EC on 15 December 2017, although the bill does not yet appear to have been adopted. IRELAND Regulated gambling products: Online gaming is not specifically accounted for in Ireland’s outdated legislation and as such is currently unregulated. Operator type: Online betting regulated since August 2015. Status: Ireland is currently updating its legislation, which will create a comprehensive igaming regime. In January 2018, the Irish Cabinet gave the go-ahead to draft a new version of a bill that was first proposed in 2013. This has now been subsumed into the Gambling Control Bill 2018, which was introduced by Ireland’s opposition party in February 2018 as a private member’s bill. Amendments to the Gaming and Lotteries Act 1956 have also been proposed. Legislative progress is not expected until late 2018 at the earliest. The Irish government has announced its 2019 budget, doubling the betting duty from 1% to 2% tax on turnover with effect from 1 January 2019. ITALY Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: Fully regulated market. Status: The Stability Law 2016, passed in December 2015, introduces various measures affecting the remote gambling industry, including tax changes and a tender process for the award of 120 new online gaming licences. The tender process for applications closed on 19 March 2018. On 7 August 2018, the Italian parliament approved a decree which prohibits gambling advertising and sponsorship. The ban took effect on 14 July 2018, although ongoing advertising contracts remain valid until the earlier of their expiration date or 14 July 2019. The sponsorship ban will apply from 1 January 2019. LUXEMBOURG Regulated gambling products: Lottery. Operator type: Monopoly. Status: The general prohibition on gambling appears sufficiently wide to cover all forms of online gambling. MALTA Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: Private operators can apply for a local licence (except for lottery products). Status: Malta has approved a new Gaming Act that replaces all existing gaming legislation with a single piece of legislation, supplemented by secondary legislation. The Gaming Act, with directives and regulations, is effective 1 August 2018. NETHERLANDS Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator type: Monopoly for all products. Status: The Dutch parliament’s lower house approved the Remote Gambling Bill in 2016, which will introduce an online gambling licensing regime. In September 2018, the Government opened a public consultation on the implementing regulations of the Remote Gambling Bill, which will be followed by debate and a vote in the Senate, expected in early 2019. It is understood that operators that have previously been fined by the Dutch regulator will not be eligible for a licence. In the interim, the regulator continues to implement enforcement measures against operators targeting Dutch players, having imposed recent sanctions against at least five operators. NORWAY Regulated gambling products: Sports betting, horse race betting and lottery. Operator type: Online gambling is reserved for the two monopoly providers, Norsk Tipping and Norsk Rikstoto. Status: The monopoly has extended its offering to include live betting, online bingo and casino games in an attempt to redirect traffic from unlicensed sites. The Norwegian regulator continues to step up enforcement efforts against unregulated operators, local banks and payment service providers. On 4 June 2018, the Ministry of Culture notified a draft regulation to the European Commission that would establish payment-blocking measures. The standstill period ended on 5 September 2018. The European Gaming and Betting Association is understood to have filed a legal challenge against the proposed measures. iGB Affiliate Issue 72 DEC 2018 / JAN 2019 55