iGB E-zines iGB e-zine Portugal | Page 5

Part 1: The regulatory backdrop Part 1: The regulatory backdrop Since opting for a restrictive and high- tax regime, the dot.pt market has attracted few entrants and proven controversial A reluctant liberalisation The relationship between the Portuguese authorities and online gambling can perhaps best be described as being arm’s length. Since 2003 the lottery operator Santa Casa da Misericordia de Lisboa has had a monopoly on online gaming operations. It fought to maintain this monopoly with a landmark case against Bwin (which had moved to sponsor the Portuguese football league in 2005) that went before the European Court of Justice (ECJ). The court found that although the Portuguese laws ran contrary to the principles of the EU, the monopoly could be justified under certain circumstances. The monopoly remained in place until the global financial crisis upended the Portuguese economy at the end of the last decade. As a by-product of an EU-led bailout, the government was forced to open up the online gambling market to competition and following a decree issued in April 2015, the first licence was awarded a year later to Betclic, followed by Bet.pt that summer. The main principles of the legislation are very much in line with best practice across Europe and elsewhere: • To protect minors and the most vulnerable, preventing excessive and unregulated gambling and addictive behaviours and practices; • To avoid fraud and money laundering, ensuring security and public order; • To prevent criminal behaviour in online gambling; and • To guarantee the integrity of the sport, preventing and combating betting addiction associated with the manipulation of sports results. The industry can be pleased with the suite of products allowable under the licenc es, which includes sports betting (and pari-mutuel betting), all casino games and poker, both cash and tournament. A less-than-super tax But the sting in the tail came with the tax arrangements put in place by the government. The decree that authorised online gambling also included provisions for a new special online gambling tax, or IEJO. In gaming and bingo the special tax is based on turnover (but effectively is a GGR tax), with a 15% rate applying to all gambling turnover up to €5m. Then, a further 15% is levied on turnover Portugal: The challenges and potential in one of Europe’s most controversial markets 5