iGB Marketplace Directory iGB Marketplace 2019 | Page 12

EUROPEAN REGULATION European Regulation In conjunction with Chris Elliott and Beth French of Wiggin LLP, iGaming Business provides a regulatory snapshot of igaming across the EU. Belgium, Ireland and Portugal are among those updated for this issue 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 confl icting decisions on the compatibility of Austria’s current gambling legislative framework with EU law, which remains unclear. The draft amendments to the Gambling Act, which would introduce ISP-blocking measures and an express provision rendering gambling contracts contrary to the Gambling Act void, has been temporarily withdrawn. It is unclear if the initial draft will be republished. BELGIUM 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. 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. On 22 March, 2018, Belgium’s Constitutional Court ruled in favour of an 12 MARKETPLACE 2019 Sponsored by exemption from VAT obligations for online gambling transactions. Active enforcement measures against operators and players are in place. The Belgian government recently approved a royal decree restricting advertising for online gambling, which is expected to enter into force in summer 2019. BULGARIA Regulated gambling products: Sports betting, horse race betting, poker, casino, bingo and lottery (excluding raffl es and instant lottery games). Operator type: All products are available to private operators except for lotteries, which are reserved exclusively for the monopoly. 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 government has notifi ed the European Commission of draft amendments to the country’s gambling legislation which, among other things, would introduce stringent restrictions on how gambling products can be advertised. The standstill period ended on 15 October, 2018. CROATIA 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.