report on regulating gambling in europe national approaches to gambling regulation and prevalence...

PLANZER LAW

Regulating Gambling in Europe

National Approaches to Gambling Regulation and Prevalence Rates of Pathological Gambling 1997 - 2010

Division on Addictions

This report summarises raw data collected during 2010 to 2011. The report relates to a larger research project that investigates associations between gambling regulation and gambling behaviour. Researchers on this project, who have contributed to this report, include:

Simon Planzer, M.A., MLaw Prof. Howard J. Shaffer, Ph.D., C.A.S.Attorney at Law, PLANZER LAW Director of the Division on AddictionsLecturer in Law, University of St.Gallen HSG Associate Professor of Psychology Cambridge Health Alliance / Harvard

Heather Gray, Ph.D. Research Associate, Instructor in Psychiatry Division on Addictions, Cambridge Health Alliance / Harvard Medical

Disclaimer

Every effort was made to reproduce the regulatory approaches in this report as informed by national experts who participated in this research project. However, no warranty can be offered as to the accuracy or completeness of the information contained in this report. This report does not constitute a source on which legal claims can or should be based. Accordingly, any liability in reli-ance on the information contained in this report or any decision based on it is declined.

Copyright Terms

© Copyright 2011, Simon Planzer. All rights reserved, except otherwise provided in the following:

This report constitutes a collection of raw data which is put at the disposal of the general public. Its intended use is free of charge. Neither the report or parts of it nor reproductions containing all or parts of this report’s information may be sold. Parts of this report may be reproduced for non-commercial purposes provided that the report is duly quoted.

Suggested citation: Regulating Gambling in Europe - National Approaches to Gambling Regulation and Prevalence Rates of Pathological Gambling 1997 – 2010, Simon Planzer (ed.), Zurich 2011.

The report is available at: www.planzer-law.com.

The design of this report has been provided by:GamblingComplianceUK Office 91 Waterloo Road London SE1 8RTTel: +44(0)207 921 9980Fax: +44(0)207 960 [email protected]

Medical School

School

www.gamblingcompliance.com

Contents

12311144490

PrefaceAcknowledgementsNational ExpertsRegulatory Data - Survey Questions and DefinitionsRegulatory Data - Answers by JurisdictionRegulatory Data - Comments by JurisdictionNational Prevalence Studies on Pathological Gambling

1

Preface This report relates to a larger research project examining the effectiveness of regulatory approaches to gambling across Europe. The idea for the project was born out of conversations with Dr. Shaffer during a research stay at the Division on Addictions at Har-vard Medical School during 2009 and 2010. With the combination of expertise from the normative discipline of law, and empirical disciplines such as psychology and medicine, this report offers new research perspectives to an old public health issue: pathological gambling.

Gambling regulators throughout Europe, and indeed the world, are faced with the question of how to keep the prevalence of patho-logical gambling to a minimum. In addition, regulators often need to pursue other goals too such as economic development and crime prevention. Aspects they need to decide upon include, inter alia:

1) The type of licensing system. 2) Whether individuals should be penalised when playing illegal games. 3) Whether a minimum age to play should be introduced. 4) Whether restrictions on advertising should apply. 5) Whether money should be allocated to problem gambling issues.

This report summarises regulatory data relating to the aforementioned aspects along with information regarding the age of the market. With the kind support of GamblingCompliance, experts in national gambling law were identified across Europe including employees from the public sector (regulators, government officials) as well as the private sector (mainly practising lawyers). Many of them agreed to complete an online survey covering the regulatory aspects mentioned above. This report summarises regulatory data collected from 30 jurisdictions: the European Union (EU) Member States (except for Cyprus, Slovenia, and Sweden), all members of the European Free Trade Association (EFTA) as well as from Gibraltar and Jersey. The report covers the time period from January 1997 to March 2010, five types of games (sports betting, lottery, poker, table games, and electronic gaming machines) and it differentiates between the land-based and online forms of these games. Finally, it also contains all national prevalence studies that could be identi-fied in the researched jurisdictions.

The purpose of this report is to make the data freely available both to public and private stakeholders as well as the general public. Hopefully, this initiative contributes to the strengthening of transparency of research and evidence-informed regulation.

For further information on this report, please contact:

Simon Planzer, Esq.

Mail: Planzer Law PO Box 1924 CH-8031 ZurichSwitzerlandE-mail: [email protected]: www.planzer-law.com

Acknowledgements The composition of this report would not have been possible without highly appreciated assistance from various actors who have in one way or the other supported the bigger research project on gambling regulation and gambling behaviour.

The support of the following actors is acknowledged:

• bwin.party for supporting the final phase of the data collection with a research grant.

• GamblingCompliance for supporting this research project from its early days, by providing support in identifying na-tional experts, lending administrative assistance as well as in designing the report.

• The European Gaming & Betting Association (EGBA) for providing support in identifying national experts and ad-ministrative assistance.

• Sine Edal, M.A., M.Sc., for providing support in the processing of the data.

• And of course all the national experts who have participated in the regulatory survey and offered their expertise.

2

National ExpertsNumerous national experts have kindly offered their expertise in completing a regulatory survey on which the answers in this report are based. Those experts, who have agreed to be mentioned in this report, are listed in the following.

Austria

Brandl & Talos Attorneys at LawDr. Thomas Talos, LL.M., PartnerDr. Arthur Stadler, Associate Mariahilfer Strasse 116, 1070 Vienna Tel: +43 1 522 5700Fax: +43 1 522 5701E-mail: [email protected]: www.btp.at

Belgium

Belgian Gaming Commission Etienne Marique, ChairmanMarc Callu, Member-Director Peter Naessens, Head of Unit Regulatory Advise, Research & DevelopmentKantersteen 47, 1000 BrusselsTel: +32 2 213 42 78Web: www.gamingcommission.be

Koan Legal StrategiesJan Decorte, Partner Boulevard du Souverain/Vorstlaan 100, B-1170 BrusselsTel: +32 2 566 9000E-mail: [email protected] Web: www.koan.eu

Czech Republic

Law Office Becker and Poliakoff, s.r.o.Jan Kozubek, Attorney at lawPrague 1, U Prašné brány 1078/1 Tel: +420 224 900 000Fax: +420 224 900 041E-mail: [email protected]: www.becker-poliakoff.cz

3

Denmark

Danish Gambling Authority Mette Slotved ThomsenHelgeshøj Allé 9, 2630 Taastrup Tel: +45 72 38 52 68E-mail: [email protected]: www.spillemyndigheden.dk

Moalem Weitemeyer Bendtsen AdvokatpartnerselskabDr. Claus Molbech Bendtsen, MBA, Partner Tel: +45 33 77 90 60 (direct)Mob: +45 30 37 96 60E-mail: [email protected] David Lexner, Junior AssociateTel: +45 33 77 90 46 (direct)Mob: +45 30 37 96 46E-mail: [email protected] 3-5, DK-1256 København K/Copenhagen K Fax: +45 70 70 15 06Web: www.mwblaw.dk

Nielsen Nørager Law Firm LLP Henrik Peytz, MBA, Attorney Frederiksberggade 16, 1459 Copenhagen K Tel: +45 33 11 45 45E-mail: [email protected]: www.nnlaw.dk

Estonia

Ministry of Finance Entrepreneurship and Accounting Policy Department Web: www.fin.ee

Law Firm Glikman & Partners Ms Silja Elunurm, Attorney at Law, M.A., LL.M., Head of IP/IT Team Mr Maksim Kozlov, Attorney at Law Liivalaia 45, 10145 Tallinn Tel: +372 686 0000E-mail: [email protected]: www.blslawfirm.com

4

Law Firm Glimstedt Priit Lätt, Managing PartnerMerit Lind, AssociateRävala 5, Tallinn 10143Tel: +372 630 9170E-mail: [email protected]: [email protected]: www.glimstedt.ee

Finland

National Police BoardGambling AdministrationSaaramia Varvio, Senior OfficerP.O. Box 50, FI-11101 Riihimaki Tel: +358 71 878 1881E-mail: [email protected]

Hannes Snellman Attorneys LtdErkko Korhonen, Associate LawyerTel: +358 9 2288 4308E-mail: [email protected]: Eteläranta 8, HelsinkiMail: P.O. Box 333, FI-00131 HelsinkiWeb: www.hannessnellman.com

France

DGFLA Law Firm Frédéric Manin, Attorney at Law, Partner9 rue Boissy d’Anglas, 75008 Paris Tel: +33 1 56 64 02 80 (direct)E-mail: [email protected]: www.dgfla.com

Germany

Arendts Rechtsanwälte Martin Arendts, M.B.L.-HSG, Attorney at Law Perlacher Strasse 68, 82031 Grünwald Tel: +49 89 64 91 11 - 75Fax: +49 89 64 91 11 - 76

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Rechtsanwälte Dr. Bauer & Becker Jens Becker, LL.M. Leopoldstrasse 244, 80807 München Tel: +49 89 92 98 97-10Fax: +49 89 92 98 97-09E-mail: [email protected]: www.bp-recht.de

Italy

De Berti Jacchia Franchini Forlani (Milan, Rome, Brussels, Moscow) Roberto A. JacchiaVia San Paolo 7, 20121 Milan Tel: +3902725541E-mail: [email protected] Web: www.dejalex.comAntonella TerranovaVia Bertoloni 14, 00197 RomeTel: +39068091541E-mail: [email protected]: www.dejalex.com

Rödl & PartnerRoberto Pera, LL.M., Ph.D., Managing Partner Filippo Maria Catenacci, LL.M., Associate Partner Mariacristina Bonomo, Ph.D. student at Luiss University, Trainee Rödl & Partner Avvocati, Dottori Commercialisti e Revisori ContabiliAttorneys at Law, Tax Consultants, Certified Public AccountantsRechtsanwälte, Steuerberater, WirtschaftsprüferPiazza di S. Anastasia, 7, 00186 RomaTel: +39 06 96 70 12 70Fax: +39 06 32 23 394Web: www.roedl.com/it

Latvia

Law Office “Consilio”Mr Kaspars Ozolins, LL.M., Attorney at Law, PartnerValnu street 32 - 415, Riga, LV-1010 Tel: +371 29145555E-mail: [email protected]

Mr Gatis Upenieks, LL.M. Valnu street 32 - 415, Riga, LV-1010Tel: +371 26525636E-mail: [email protected]

6

Liechtenstein

Wolff Gstoehl Bruckschweiger, Advokaturbüro Mag. iur. Christoph Bruckschweiger, LL.M. Mitteldorf 1, Postfach 343, 9490 Vaduz Tel: +423 238 10 30Fax: +423 238 10 31E-mail: [email protected]: www.wgb-law.li

Luxembourg

Jurisconsul Erwin Sotiri, Founding Partner 70, Grand Rue, L-1660 LuxembourgTel: +352 26 38 98 08Fax: +352 26 38 98 09Web: www.jurisconsul.com

MK Law Firm Michaël Kitai, PartnerAvocat aux barreaux de Luxembourg et de Bruxelles14-16 rue Philippe II, L-2340 Luxembourg Tel: +352 621 634 557E-mail: [email protected]

Malta

Betfair Dr. James Palmier Gonzi Director/Key Official & Compliance Manager (Malta)Tel: +356 2271 3600 Mob: +356 9982 6550Fax: +356 21 228 572The Betfair GroupTriq il-Kappillan Mifsud, St. Venera, SVR 1851 Web: www.betfair.com

Norway

Royal Ministry of Cultural Affairs Rolf Francis SimsP.O. Box 8030 Dep 0030 Oslo Tel: +47 22247825 E-mail: [email protected]

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Poland

Bird & Bird Maciej Gawronski sp. k.Piotr Dynowski, LL.M., Head of IP, Media and Advertising Law PracticeUl. ks. Skorupki 5, 00-546 Warsaw Tel: +48 22 583 79 00Fax: +48 22 583 79 99E-mail: [email protected]: www.twobirds.com

Portugal

Coelho Ribeiro e Associados, Sociedade Civil de Advogados Jaime Medeiros Av. Engº. Duarte Pacheco, Emp. Amoreiras, Torre 2 - 13º A, 1099-042 LisbonTel: +351 21 383 90 60Fax: +351 21 385 32 02Web: www.cralaw.com

Eduardo Serra Jorge e Maria José Garcia, Sociedade de Advogados, R.LEduardo Serra JorgeAv. António Augusto Aguiar, 183, R/C Dto., 1050-014 Lisboa Tel: +351 21 384 53 90Fax: +351 213 873 097E-mail: [email protected]: www.esjmjgadvogados.com

Romania

Bostina & Associates Law FirmCristian Costea, PartnerIrina Corcoveanu, Senior AssociateNo 70, Jean Louis Calderon Street, Bucharest Tel: +4021 211 48 00; +4021 319 44 66Fax: +4021 319 48 03; +4021 210 46 43E-mail: [email protected]: www.bostinalawyers.eu

Mararu & Mararu SCAMr. Ioan B. Mararu, Esq., Partner13-15 Episcopul Timus, Suite 1, 011611 Bucharest Tel: +4021 311 0664Mob: +4 0744 21 00 88Fax: +4021 313 5683E-mail: [email protected]: www.mararu.ro

8

Slovakia

Sonnenschein & Partners, Ltd. Tomáš Färber, Advocate Michal Janacek, Advocate Za kasarnou 1, 831 03 Bratislava Tel: +421 2 492 47 220/221E-mail: [email protected]; [email protected]: www.sonnenschein.sk

Spain

Altius Asesores Legales y Tributarios Juan José FolchiC/ Aribau nº 205, 1º, 08021 Barcelona Tel: +34 93 292 23 10Fax: +34 93 292 23 13E-mail: [email protected]

Asensi AbogadosSantiago AsensiMadrid: C/ Conde de Aranda 20, 2 Izq. 28001 MadridMallorca: C/ Gran Vía Puig del Castellet, 1, Bloque 2, Piso 1º , 07180 Santa Ponsa, Islas BalearesTel: +34 971 90 92 19Mob: +34 607 799 466Fax: +34 871 95 43 47E-mail: [email protected]: www.asensi.es

Cuatrecasas, Gonçalves, Pereira Javier Aparicio Salom, [email protected] Negro, Senior Associate [email protected]ázquez, 63, 28001 MadridTel: +34 915 247 717Fax: +34 915 247 655

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The Netherlands

Bird & Bird LLPRoelien van Neck, Partner IT/CommercialOffices: Van Alkemadelaan 700, 2597 AW The HagueMail: P.O. Box 30311, 2500 GH The HagueTel: +31 70 3538950Fax: +31 70 3538892E-mail: [email protected] Web: www.twobirds.com

VMW Taxand N.V.Justin Franssen, Attorney at LawFrank Tolboom, Attorney at LawDr. Alan LittlerPiet Heinkade 55, Postbus 2911, 1000 CX Amsterdam Tel: +31 20 301 66 33Fax: +31 20 301 66 22E-mail: [email protected]: www.vmwtaxand.nl

United Kingdom

Jeffrey Green Russell, SolicitorsNick Nocton, PartnerWaverley House, 7-12 Noel Street, London W1F 8GQ Tel: +44 (0) 207 339 7000E-mail: [email protected]

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Regulatory Data - Survey Questions and DefinitionsQuestions

1. What has been the regulation with regard to LAND-BASED GAMBLING SERVICES PROVIDERS for each of the following types of games in your jurisdiction during the time period from January 1997 to March 2010? (Following types of games include sports bet-ting, lottery, poker, table games and electronic gaming machines.)

2. What has been the regulation with regard to ONLINE GAMBLING SERVICES PROVIDERS for each of the following types of games in your jurisdiction during the time period from January 1997 to March 2010?

3. Has the law prohibited INDIVIDUALS/PLAYERS from playing the following LAND-BASED types of games under the threat of fines or imprisonment during the time period from January 1997 to March 2010?

4. Has the law prohibited INDIVIDUALS/PLAYERS from playing the following ONLINE types of games under the threat of fines or imprisonment during the time period from January 1997 to March 2010?

5. Has the law required a certain MINIMUM AGE to play the following LAND-BASED types of games?

6. Has the law required a certain MINIMUM AGE to play the following ONLINE types of games?

7. Please describe the regulatory policy in your jurisdiction with regard to ADVERTISEMENT for LAND-BASED GAMBLING during the time period from January 1997 and March 2010.

If the applicable regulation is “Some Restrictions”, please briefly describe the restrictions for each type of game.

8. Please describe the regulatory policy in your jurisdiction with regard to ADVERTISEMENT for ONLINE GAMBLING during the time period from January 1997 and March 2010.

If the applicable regulation is “Some Restrictions”, please briefly describe the restrictions for each type of game.

9. If the following LAND-BASED types of games have been legally offered to players in your jurisdiction, please choose the age of the market of each type of game (i.e. number of years that this type of game has been legally offered).

10. If the following ONLINE types of games have been legally offered to players in your jurisdiction by domestic provider(s), please choose the age of the market of each type of game (i.e. number of years that this type of game has been legally offered).

11. Please indicate whether the State (or an institution controlled by the State) has taken a portion from the gambling providers’ earnings. This question also applies to charitable purposes.

12. Please indicate for how long the State (or an institution controlled by the State) has been taking a portion from the gambling providers’ earnings. This question also applies to charitable purposes.

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13. Has the law required any part of this portion taken by the State (or an institution controlled by the State) be allocated to prob-lem gambling issues?

14. Since when has part of the portion taken by the State been required by law to be allocated to problem gambling issues?

15. Has the money allocated to deal with problem gambling issues been specifically allocated by law to any or several of the follow-ing purposes? If yes, from when to when has this policy been in place?

16. Has the State otherwise provided money, which did not come from the gambling earnings, to deal with problem gambling is-sues?

Definitions

In relation to all questions:

Sports Betting: Includes all form of games in which a player makes a wager on the outcome of a sporting event.

Lottery: Includes all form of games that involve the drawing of lots for a prize.

Poker: We isolated this category of card games because in some jurisdictions it is treated as a game of skill, in others as a game of chance. It includes a range of poker card games in which players wager money. If your jurisdiction distinguishes between different forms of poker (e.g. Texas hold’em in the form of a tournament), please indicate it in the survey. We do NOT include video poker machines in this category. Those machines fall under the type of game “electronic gaming machines”.

Table Games: Includes games such as Black Jack, Roulette, Craps, Baccarat in which players wager money.

Electronic Gaming Machines: These machines have different names in different jurisdictions, such as slot machines, fruit ma-chines, one-armed bandit or pokies. This type of game also includes video lottery terminals (VLTs) and video poker machines, in fact, any machine in which a player can insert a coin or money to wager on certain patterns of symbols visible on the screen. We include here only chance based games played on machines (as opposed to skill based games).

[When asking for the age of market of electronic gaming machines, we also considered earlier, mechanical forms of gaming ma-chines.]

In relation to all questions:

The relevant time frame for all questions is only from 1/1997 to 3/2010. Even if the relevant legislation was enacted prior to 1/1997, please always indicate 1/1997 as a start date. The end date is always 3/2010. Should the policy have changed since 1/1997, then use the second row (of the same type of game).

[When participants indicated a change of policy, the relevant date was when the policy entered into effect, not when it was passed by the legislator.]

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In relation to the question regarding types of system:

Prohibition: The provision of gambling services is prohibited by law. No provider can legally offer such services.

Public Monopoly: The provision of gambling services is restricted by law to the offer of a single public provider. “Public” here means that the provider can be directly state-run or directly or indirectly controlled by the state. This may also include a company subject to private law rules but whose shares are predominantly controlled by the state.

Closed Licensing System: The state distributes licenses (concessions) for the provision of gambling. The number of licenses (1 or higher) is limited either by law or de facto by government decision. The number of licenses may however change over time.

Open Licensing System: The state distributes licenses for the provision of gambling. The number of licenses is in practice NOT limited. Any company applying for a license that fulfills the conditions imposed by law will normally receive a license.

No License Required: There is no requirement to obtain a license for the provision of gambling. It can be offered as any other busi-ness activity. And if some form of authorization is still required it is generally easy to obtain.

In relation to the question regarding ‘prohibition to play for individuals’:

Please note that the answer ‘Prohibition’ only applied when the respective type of game could not be played legally in that jurisdic-tion. If the prohibition to play the game (combined with a threat of fine or imprisonment) only applied to playing with unlicensed operators (instead of with the licensed operator(s), the applicable answer was ‘No/No Prohibition’.

In relation to the question regarding ‘minimum age to play’:

Please note that where a certain game was prohibited during a certain time, the answer to ‘minimum age to play’ would normally be ‘no minimum age’.

The regulatory survey did no expressly ask whether the minimum age changed between 1997 and 2010. Many national experts pro-vided further comments (cf. ‘Regulatory Data - Comments by Jurisdictions’). The minimum age listed here is the one which national experts expressly indicated or which, according to their comments, was in place most of the time during 1997 to 2010.

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Austria Sportsbetting Lottery Poker Table Games EGM

Question ContextKind of licensing system Land-based Open Licensing System from

1/1997 to 3/2010Closed Licensing System from 1/1997 to 3/2010

Open Licensing System from 1/1997 to 3/2010

Closed Licensing System from 1/1997 to 3/2010


Online Open Licensing System from 1/1997 to 3/2010





Prohibition to play for individuals (fines, imprison-ment)

Land-based No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 No from 1/1997 to 3/2010

Online No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 No from 1/1997 to 3/2010

Minimum age to play Land-based 16 18 18 18 18

Online 16 18 18 18 18

Restrictions to advertising Land-based No Specific Restrictions from 1/1997 to 3/2010

No Specific Restrictions from 1/1997 to 3/2010




Online No Specific Restrictions from 1/1997 to 3/2010





Age of legal market (in years)

Land-based 31 to 50 31 to 50 More Than 50 More Than 50 31 to 50

Online 16 to 20 16 to 20 16 to 20 16 to 20 16 to 20

Age of state revenues from gambling proceeds (in years)

N/A Yes; More Than 50

Ear-marked money for problem gambling from gambling proceeds; since when; allocated to specific purposes

N/A No

Money otherwise provided by state to deal with prob-lem gambling

N/A

Regulatory Data - Answers by Jurisdiction

14

Belgium Sportsbetting Lottery Poker Table Games EGM


1/1997 to 3/2010Public Monopoly from 1/1997 to 3/2010

Prohibition from 1/1997 to 6/2001; Closed Licensing Sys-tem from 7/2001 to 3/2010

Prohibition from 1/1997 to 6/2001; Closed Licens-ing System from 7/2001 to 3/2010


Online No License Required from 1/1997 to 3/2010

Prohibition from 1/1997 to 3/2002; Public Monopoly from 4/2002 to 3/2010

Prohibition from 1/1997 to 3/2010






Minimum age to play Land-based No Minimum Age 18 21 21 21

Online No Minimum Age 18 No Minimum Age No Minimum Age No Minimum Age


No Specific Restrictions from 1/1997 to 6/2002; Some Restrictions from 7/2002 to 3/2010










Land-based More Than 50 More Than 50 6 to 10 6 to 10 6 to 10

Online 6 to 10 0 (less than one year) No No No




N/A No


N/A

15

Yes; Research 1/2001; Treatment 1/2001; Public Education 1/2001

Bulgaria Sportsbetting Lottery Poker Table Games EGM


1/1997 to 3/2010Open Licensing System from 1/1997 to 3/2010




Online Prohibition from 1/1997 to 3/2010













Online No Minimum Age No Minimum Age No Minimum Age No Minimum Age No Minimum Age

Restrictions to advertising Land-based Prohibition from 1/1997 to 3/2010











Land-based 31 to 50 31 to 50 31 to 50 31 to 50 16-20

Online No No No No No


N/A No


N/A


N/A

16

Czech Republic Sportsbetting Lottery Poker Table Games EGM



No License Required from 1/1997 to 3/2010



Online Closed Licensing System from 1/1997 to 3/2010









Online 18 18 18 18 18













Online 1 to 2 No No No No




N/A


N/A

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Denmark Sportsbetting Lottery Poker Table Games EGM

Question ContextKind of licensing system Land-based Public Monopoly from


Closed Licensing System from 1/1997 to 12/2009; Open Li-censing System from 1/2010 to 3/2010


No License Required from 1/1997 to 12/2000; Open Licensing System from 1/2001 to 3/2010

Online Public Monopoly from 1/1997 to 3/2010

Public Monopoly from 1/1997 to 3/2010







Minimum age to play Land-based No Minimum Age No Minimum Age 18 18 18


Restrictions to advertising Land-based Some Restrictions from 1/1997 to 3/2010





Online Some Restrictions from 1/1997 to 3/2010

Some Restrictions from 1/1997 to 3/2010





Land-based More Than 50 More Than 50 16-20 16-20 21-25

Online 16-20 16-20 No No No




N/A


N/A

18

Yes; Research 1/2001 to 3/2010; Treatment 1/2001 to 3/2010; Public Education No

Research No; Treatment No; Public Education Dont’ know; Unspecified Don’t know

Estonia Sportsbetting Lottery Poker Table Games EGM


1/1997 to 3/2010Open Licensing System from 1/1997 to 12/2008; Closed Licensing System from 1/2009 to 3/2010




Online No License Required from 1/1997 to 12/2009; Open Li-censing System from 1/2010 to 3/2010


No License Required from 1/1997 to 12/2009; Open Li-censing System from 1/2010 to 3/2010


No License Required from 1/1997 to 12/2009; Open Licensing System from 1/2010 to 3/2010




Minimum age to play Land-based 21 No Minimum Age 21 21 21

Online 21 No Minimum Age 21 21 21












Land-based 11 to 15 16 to 20 11 to 15 11 to 15 11 to 15

Online 0 (less than one year) 0 (less than one year) 0 (less than one year) 0 (less than one year) 0 (less than one year)


N/A Yes; 16 to 20


N/A


N/A

19

Yes; Unspecific Purposes from 6/2009 to 3/2010

Finland Sportsbetting Lottery Poker Table Games EGM















Online No Minimum Age No Minimum Age 18 18 15












Land-based More Than 50 31 to 50 16 to 20 31 to 50 More Than 50

Online 11 to 15 11 to 15 No No No




N/A


N/A

20

Yes; Research 1/2002 to 3/2010

Yes; Research [no date indicated]; Treatment [no date indicated]; Public Education [no date indicated]

France Sportsbetting Lottery Poker Table Games EGM

Question ContextKind of licensing system Land-based Closed Licensing System from





Online Prohibition from 1/1997 to 5/2001; Public Monopoly from 5/2001 to 3/2010





















Land-based 26 to 30 More Than 50 More Than 50 More Than 50 26 to 30





N/A No


N/A

21

Germany Sportsbetting Lottery Poker Table Games EGM






Online Public Monopoly from 1/1997 to 12/2007; Prohibi-tion from 1/2008 to 3/2010

Public Monopoly from 1/1997 to 12/2007; Prohibi-tion from 1/2008 to 3/2010



Public Monopoly from 1/1997 to 12/2007; Pro-hibition from 1/2008 to 3/2010



Online Yes from 1/1997 to 3/2010 Yes from 1/1997 to 3/2010 Yes from 1/1997 to 3/2010 Yes from 1/1997 to 3/2010 Yes from 1/1997 to 3/2010



Restrictions to advertising Land-based No Specific Restrictions from 1/1997 to 12/2007; Some Restrictions from 1/2008 to 3/2010





Online No Specific Restrictions from 1/1997 to 12/2007; Some Restrictions from 1/2008 to 3/2010






Land-based More Than 50 More Than 50 More Than 50 More Than 50 More Than 50





N/A


N/A

22

Yes; Research 1/2008 to 3/2010

Gibraltar Sportsbetting Lottery Poker Table Games EGM















Online 18 16 18 18 18















N/A Yes; 31 to 50


N/A No


N/A

23

Yes; Treatment [no date indicated]; Public Education [no date indicated]

Greece Sportsbetting Lottery Poker Table Games EGM












Land-based Prohibition from 1/1997 to 3/2010























Land-based More Than 50 More Than 50 6 to 10 More Than 50 6 to 10





N/A No


N/A No

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Hungary Sportsbetting Lottery Poker Table Games EGM












Land-based Prohibition from 6/1999 to 3/2010











Online 18 18 18 18 18












Land-based 31 to 50 More Than 50 16 to 20 16 to 20 16 to 20





N/A No


N/A

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Iceland Sportsbetting Lottery Poker Table Games EGM












Land-based No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 Prohibition from 1/1997 to 3/2010


No from 1/1997 to 3/2010

Online No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 Prohibition from 1/1997 to 3/2010


No from 1/1997 to 3/2010

Minimum age to play Land-based No Minimum Age No Minimum Age No Minimum Age No Minimum Age 16

Online No Minimum Age No Minimum Age No Minimum Age No Minimum Age 16












Land-based More Than 50 31 to 50 No No 26 to 30



N/A No


N/A


N/A

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Ireland Sportsbetting Lottery Poker Table Games EGM














Minimum age to play Land-based 18 18 No Minimum Age No Minimum Age No Minimum Age

Online 18 No Minimum Age No Minimum Age No Minimum Age No Minimum Age












Land-based More Than 50 More Than 50 More Than 50 More Than 50 More Than 50

Online ? No No No No




N/A No


N/A

27

Italy Sportsbetting Lottery Poker Table Games EGM


1/1997 to 6/1999; Closed Li-censing System from 7/1999 to 3/2010


Closed Licensing System from 1/1997 to 5/2007; Open Li-censing System from 6/2007 to 3/2010


Closed Licensing System from 1/1997 to 5/2007; Open Licensing System from 6/2007 to 3/2010

Online Prohibition from 1/1997 to 8/2006; Closed Licensing Sys-tem from 9/2006 to 3/2010






Land-based No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 Yes from 1/1997 to 4/2004; No from 5/2004 to 3/2010

Online Yes from 1/1997 to 8/2006; No from 9/2006 to 3/2010

Yes from 1/1997 to 8/2006; No from 9/2006 to 3/2010





Online 18 18 18 18 18






Online Prohibition from 1/1997 to 8/2006; No Specific Restric-tion from 9/2006 to 3/2010

Prohibition from 1/1997 to 8/2006; No Specific Restric-tion from 9/2006 to 3/2010



Prohibition from 1/1997 to 4/2004; No Specific Restriction from 5/2004 to 3/2010


Land-based More Than 50 More Than 50 More Than 50 More Than 50 6 to 10

Online 3 to 5 3 to 5 3 to 5 0 6 to 10




N/A No


N/A

28

Jersey Sportsbetting Lottery Poker Table Games EGM












Land-based No from 1/1997 to 3/2010 No from 1/1997 to 3/2010 Prohibition from 1/1997 to 3/2010


No from 1/1997 to 3/2010



Online 18 18 18 18 18

Restrictions to advertising Land-based Prohibition from 1/1997 from 3/2010


Prohibition from 1/1997 from 3/2010










Online 0 0 0 0 0


N/A Yes; 31 to 50


N/A No


N/A Don’t know

29

Latvia Sportsbetting Lottery Poker Table Games EGM






Online Prohibition from 1/1997 to 12/2005; Open Licensing Sys-tem from 1/2006 to 3/2010


Prohibition from 1/1997 to 12/2005; Open Licensing Sys-tem from 1/2006 to 3/2010

Prohibition from 1/1997 to 12/2005; Open Licens-ing System from 1/2006 to 3/2010

Prohibition from 1/1997 to 12/2005; Open Licens-ing System from 1/2006 to 3/2010





Online 18 18 18 18 18

Restrictions to advertising Land-based No Specific Restrictions from 1/1997 to 12/2005 ; Prohibi-tion from 1/2006 to 3/2010

No Specific Restrictions from 1/1997 to 12/2005 ; Prohibi-tion from 1/2006 to 3/2010



No Specific Restrictions from 1/1997 to 12/2005 ; Prohibition from 1/2006 to 3/2010

Online No Specific Restrictions from 1/1997 to 12/2005 ; Prohibi-tion from 1/2006 to 3/2010




No Specific Restrictions from 1/1997 to 12/2005 ; Prohibition from 1/2006 to 3/2010





N/A Yes; 11 to 15


N/A No


N/A

30

Yes; Unspecified [no date indicated]

Liechtenstein Sportsbetting Lottery Poker Table Games EGM














Minimum age to play Land-based No Minimum Age No Minimum Age No Minimum Age No Minimum Age No Minimum Age













Land-based 31 to 50 31 to 50 No No No

Online No 11 to 15 No No No


N/A No


N/A


N/A

31

Lithuania Sportsbetting Lottery Poker Table Games EGM

Question ContextKind of licensing system Land-based Prohibition from 1/1997 to

6/2001; Open Licensing Sys-tem from 7/2001 to 3/2010




Prohibition from 1/1997 to 6/2001; Open Licensing System from 7/2001 to 3/2010









Minimum age to play Land-based 18 No Minimum Age 21 21 18
















N/A Yes; 6 to 10


N/A No


N/A

32

Luxembourg Sportsbetting Lottery Poker Table Games EGM



Closed Licensing System from 1/1997 to 2/2002; No Licence Required from 3/2002 to 3/2010












Online 18 18 18 18 18

















N/A No


N/A

33

Malta Sportsbetting Lottery Poker Table Games EGM





No Licence Required from 1/1997 to 9/2007; Open Licensing System from 10/2007 to 3/2010










Online 18 18 18 18 18






Online No Specific Restrictions from 1/1997 to 3/2004; Some Restrictions from 4/2004 to 3/2010






Land-based 6 to 10 More Than 50 More Than 50 More Than 50 31 to 50





N/A No


N/A

34

The Netherlands Sportsbetting Lottery Poker Table Games EGM



















Online 18 18 18 18 18















N/A Yes; 31 to 50


N/A No


N/A

35

Norway Sportsbetting Lottery Poker Table Games EGM





Closed Licensing System from 1/1997 to 6/2007; Public Monopoly from 7/2007 to 3/2010









Minimum age to play Land-based 18 No Minimum Age No Minimum Age No Minimum Age 18

Online 18 No Minimum Age No Minimum Age No Minimum Age No Minimum Age












Land-based 16 to 20 21 to 25 No No More Than 50





N/A


N/A Yes; Treatment 1/1999

36

Yes; Research from 1/2003 to 3/2010; Public Education from 1/2003 to 3/2010

Poland Sportsbetting Lottery Poker Table Games EGM

Question ContextKind of licensing system Land-based Open Licensing system from

































N/A Yes; 31 to 50


N/A


N/A Don’t know

37

Yes; Research from 1/2010 to 3/2010; Treatment from 1/2010 to 3/2010; Public Education from 1/2010 to 3/2010

Portugal Sportsbetting Lottery Poker Table Games EGM






Online Prohibition from 1/1997 to 10/2003; Public Monopoly from 11/2003 to 3/2010







Online Prohibition from 1/1997 to 10/2003; No from 11/2003 to 3/2010

Prohibition from 1/1997 to 10/2003; No from 11/2003 to 3/2010





Online 18 18 No Minimum Age No Minimum Age No Minimum Age












Land-based 31 to 50 31 to 50 More Than 50 More Than 50 More Than 50



N/A Yes; 31 to 50


N/A No


N/A No

38

Romania Sportsbetting Lottery Poker Table Games EGM



Open Licensing system from 1/1997 to 3/2010


















Online No Specific Restrictions from 1/1997 to 5/2009; Prohibi-tion from 6/2009 to 3/2010

No Specific Restrictions from 1/1997 to 5/2009; Prohibition from 6/2009 to 3/2010


No Specific Restrictions from 1/1997 to 5/2009; Prohibi-tion from 6/2009 to 3/2010






N/A Yes; 11 to 15


N/A No


N/A No

39

Slovakia Sportsbetting Lottery Poker Table Games EGM


1/1997 to 3/2010Open Licensing system from 1/1997 to 3/2010













Online 18 18 18 18 18












Land-based 16 to 20 16 to 20 ? 16 to 20 16 to 20

Online 3 to 5 3 to 5 ? 3 to 5 3 to 5


N/A Yes; 16 to 20


N/A No


N/A

40

Spain Sportsbetting Lottery Poker Table Games EGM















Online 18 18 18 18 18

















N/A No


N/A No

41

Switzerland Sportsbetting Lottery Poker Table Games EGM



Prohibition from 1/1997 to 3/2000; Closed Licensing Sys-tem from 4/2000 to 11/2007; No Licence Required 12/2007 to 3/2010













Restrictions to advertising Land-based No Specific Restriction from 1/1997 to 12/2004; Some Restrictions from 1/2005 to 3/2010

No Specific Restriction from 1/1997 to 12/2004; Some Restrictions from 1/2005 to 3/2010















N/A


N/A

42

Yes; Public Education from 6/2006 to 3/2010; Unspecified from 6/2006 to 3/2010

United Kingdom Sportsbetting Lottery Poker Table Games EGM










Prohibition from 1/1997 to 8/2007; Open Licensing System from 9/2007 to 3/2010





Online 18 16 18 18 18



Prohibition from 1/1997 to 8/2008; Some Restrictions from 9/2007 to 3/2010












N/A Yes; 31 to 50


N/A No


N/A No

43

Regulatory Data - Comments by JurisdictionThe following comments were provided by the national experts and outline the national gambling regulation in more detail.

Austria

Kind of licensing system (land-based form):

Sports Betting: Open licensing system, regulated at ‘Länder’ level (states). Lottery: There is only 1 license which is awarded to ‘Österreichische Lotterien GmbH’. 15% of the latter’s shares are indirectly held by the Federal State; the rest of the shares are held by private persons. Poker: The answer here relates to poker played as a game of skill. ‘Texas Hold’em’ is regarded as a game of skill. It can be operated in an open licensing system. Table Games: = Casino Games: 12 licenses distributed in Austria; all of them are awarded to ‘Casinos Austria AG’. The Federal State indirectly holds 22% of Casinos Austria’s shares; the rest of the shares are held by private persons. EGMs: Open licensing system, regulated at ‘Länder’ level (states). 4 Länder regulated the EGMs (Vienna, Lower Austria, Carinthia, Styria). A license for VLTs for unlimited number of VLTs was given by administrative act to Casinos Austria AG / Österreichische Lot-terien GmbH.

Kind of licensing system (online form):

Sports Betting: Open licensing system, same as land-based form, regulated at ‘Länder’ level (states). Lottery: Only 1 licence was awarded, similar to the land-based form, to ‘Österreichische Lotterien GmbH’. 15% of the shares are indirectly held by the Federal State; the rest of the shares are held by private persons. The ‘Österreichische Lotterien GmbH’ operates the website ‘www.win2day.at’ together with Casinos Austria. Poker: The answer here relates to so-called ‘casino forms’ of poker (games of chance; as opposed to games of skill). Online poker in the form of games of skill is not possible. Table Games: = Casino Games: Online offered via ‘Casinos Austria AG’ of which the Federal State indirectly holds 22%; the rest of the shares are held by private persons. The website ‘win2day.at’ is run 50% by Casinos Austria AG and 50% by Österreichische Lot-terien GmbH.EGMs: Open licensing system, regulated at ‘Länder’ level (states); 4 Länder regulate the EGMs (Vienna, Lower Austria, Carinthia, Sty-ria); VLTs license (also for the online form) attributed by administrative act to Casinos Austria AG / Österreichische Lotterien GmbH.

Belgium


For casinos the Belgian gaming act (Law of 7 May 1999) entered into force on July 2001. Prior to that date, it was officially prohib-ited to gamble but gambling activities offered by casinos were not prosecuted. The public prosecutor would only act if there was

44

suspicion of criminal acts in the casinos. A modification of the Belgian Gaming Act of 7 May 1999 enters into effect on 1st January 2011. This Act was already published on 23rd February 2010 in the Belgian Official Gazette. To offer sports betting, operators will need a licence from 1st January 2011. Sports betting: Belgian law distinguishes sport betting and betting on horse races. Both are regulated in separate laws and have an open licensing system. Fixed odds sports bets (as opposed to mutual bets) are not regulated and can be freely offered, i.e., without a licence.

Lotteries: In general, lotteries cannot be run by private operators. However, certain lotteries are allowed “where exclusively intend-ed for religious or charitable purposes, to promote industry and art or any other purpose in the general interest.” These lotteries must obtain a licence (depending on their catchment, at local, provincial or national level). Nevertheless, Belgian law grants a monopoly for the organisation of public lotteries to the National Lottery, a company of public law.

Poker: Prior to 7/2001, a law from 1902 prohibited gains from games of chance. Therefore, pokes games were forbidden. How-ever, in reality, casinos (where poker games were played) were tolerated. It is only with the Law of 7 May 1999 that an explicit regulation came into place, legally allowing the existence of a limited number of casinos. Period from 07/2001 onwards: A federal law of 7 May 1999 explicitly regulates games of chance. The basic regulatory scheme is as follows. There are three classes of gaming establishments: a class I gaming establishment or a casino, a class II gaming establish-ment or gaming arcade and a class III gaming establishment or drinking establishment. Within each gaming establishments, only games of chance can be offered that are explicitly enumerated in an act of the executive power (a Royal decree). The data above only concern the casinos (class I gaming establishment). The maximum number of casinos allowed in Belgium is nine. An act of the executive power of 19 July 2001 explicitly provides that casinos can offer poker games. Another act of the executive power of 19 July 2001 declares that the provisions of the Law of 7 July 1999 dealing with casinos enter into force on 31 July 2001.

Table games: cf. comments relating to poker. Casinos can offer the following table games: baccara, big wheel, black jack, poker, chemin de fer, craps, mini punto banco, midi punto banco, maxi punto banco, French roulette, American roulette, English roulette, sic bo and bingo.

EGMs: cf. comments relating to poker. A distinction should be made between the three gaming establishments. The data above concern only the casinos (class I gaming establishments): - A casino (class I gaming establishment) can offer the following automatic games: rolling automates of the type Reel Slot, games of the video slot type, games of the wheel of fortune type, horse races with several terminals where at least twelve players can par-ticipate, games of the keno type, interactive poker games. These games are explicitly enumerated in an act of the executive power of 19 July 2001. - A gaming arcade (class II gaming establishment) can offer the automatic games explicitly enumerated in an act of the executive power. Initially this list was laid down in an act of 22 December 2000, which has been repealed and replaced by the act of 26 April 2004 (entry into force: 4 May 2004). According to this act, the following automatic games can be offered: black-jack games, horse betting, game of dice, poker games, roulette games (all without a players card) and interactive poker games (with a players card). - A drinking establishment (class III gaming establishment) can offer the automatic games explicitly enumerated in an act of the executive power. Initially, this list was laid down in an act of 22 December 2000, which was repealed and replaced by the act of 2 March 2004 (entry into force: 18 March 2004). According to this act the following automatic games can be offered: electronic bil-liards usually called ‘bingo’ and electronic billiards usually called ‘one-ball’.

45


The Belgian Gaming Act, regulating online gambling, only comes into effect on 1st January 2011. It introduces a closed licensing system. The modifications have already been published in the Belgian Official Gazette on 1 February 2010. This act does not apply to public lotteries operating lottery games. For the operation of other games of chances by the Belgian Lottery, the Belgian Gaming Act applies. Prior to that act: No licence required up to 2010 for fixed odds sports betting which makes up for largest part of sports betting mar-ket. At regional level, in addition, an open licensing system was in place for other forms of sports betting.

Horse racing: there has been a prohibition on games relating to horse races organised in Belgium. For races in other countries there was no such prohibition.

Sports betting: Belgian law distinguishes sport betting and betting on horse races. Both are regulated in separate laws and have an open licensing system. Sports betting except bets on horse races: the Law dealing with sports betting dates from 1963 and does obviously not contain an explicit regulation for online sports betting. However, the terms of the Law implicitly exclude the possibility to obtain an online licence. However, as is the case for land based licences, the Law of 1963 only applies to mutual bets, and not to fixed odds sport bets. The latter are not regulated at all in Belgium and can be freely offered, i.e., without a licence. In practice, 99% of the sports betting offered in Belgium are fixed odds sport bets.

For bets on horse races: the text of the law excluded implicitly the possibility to obtain an online license in order to offer (online) bets on horse races.

Lotteries: Belgian law (Law of 19 April 2002) grants a monopoly for the organisation of public lotteries to the National Lottery, a company of public law. The same Law states that the National Lottery has the right to use ‘instruments of the information society’ to offer public lotteries. An act of the executive power of 24 November 2009 (entry into force in December 2009) has laid down the conditions and rules under which the National Lottery can offer public lotteries online.

Poker: Period prior to 7/2001: a Law from 1902 excluded gains from games of chance. Online poker games were therefore prohib-ited. Period following 7/2001: a federal law of 7 May 1999 explicitly regulates games of chance and contains a system of licences (cf. comments relating to land-based games of chance). This Law does not contain an explicit regulation for online games of chance. However, the Belgian Gambling Commission (a federal administrative authority holding the power to issue the licences and to guar-antee the application of the Law of 7 May 1999) has held the view that the Law of 7 May 1999 also regulates online games. Accord-ing to that view, games of chance covered by that Law (such as poker) can only be legally offered with a licence.

Table games: cf. comments relating to poker.

EGMs: cf. comments relating to poker.

Prohibition to play (land-based form):

The general lack of prohibition to play games of chance flows from two different laws (Law of 1902 and Law of 7 May 1999, the lat-

46

ter entering into effect in July 2001 for casinos). Bets on horse races: the fiscal legislation where the rules for bets on horse races are laid down contains a provision according to which participating to bets on horse races contravening the Belgian applicable legislation can be punished.


Bets on horse races: applicable legislation arguably does not allow offering these services online; as a consequence, participating in bets on horse races is then also forbidden.

Minimum age to play (land-based form):

Sports betting: fixed odds sports betting is not regulated in Belgian, there is no legal minimum age. Lottery: For lottery games offered by the National Lottery an act of the executive power contains a provision according to which participation is forbidden for minors. Poker: Access to gaming establishments of type I and II is forbidden for people younger than 21 years. EGMs: Access to gaming establishments of type I and II is forbidden for people younger than 21 years. As a consequence, people under 21 are forbidden to play the electronic gaming machines that can be placed in those gaming establishments (cf. earlier com-ments). However, EGMs in gaming establishments of type III (i.e., drinking establishments) are forbidden for minors.

Minimum age to play (online form):

The Belgium Gambling Commission has applied the view that online poker, table games and electronic gaming machines are prohib-ited for all players. Fixed odds sports betting is not regulated in Belgian and no minimum age applies. Lottery: For lottery games offered by the National Lottery the act of the executive power provides that participation is reserved for natural persons having at least 18 years.

Restrictions to advertisement (land-based form):

Lottery: there are no specific advertising restrictions for private lotteries.

For the national lottery, the Law of 19 April 2002 indicates that no aggressive advertising should be used but only of informative nature: “the National Lottery must ensure that, above the commercial methods to promote its lotteries, it shall: (i) inform the general public clearly, for every product that is presented, about the real chances to gain something, (ii) set up information campaigns about the risks of gambling addiction on economic, social and psychological level, (iii) set up, together with the competent authorities and the various associations active in this domain, an active and coordinated prevention and relief policy on gambling addiction.”

Restrictions to advertisement (online form):

For most games of chances, online gambling is prohibited until the modifications of the Gambling Act of 7 May 1999 enter into ef-fect on 1st January 2011.

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Fixed odds sports betting are not regulated in Belgian; there are no specific rules regarding advertisement. Lottery: there are no specific advertising restrictions for private lotteries. For the national lottery: cf. comments relating to land-based advertising.

Age of market (land-based form):

Sports betting: uncertain estimate; Lottery: the answer relates to private lotteries; public lotteries since 1934.

Revenues / Ear-marked for problem gambling / Specific purposes / Money otherwise provided:

Belgian State taxes land based operators through corporate and gaming taxes. The National Lottery is only obliged to allocate some money to charitable purposes. The Gambling Commission has funds that it can allocate to research and public education. For in-stance, materials were composed specifically for college students and their teachers. As regards treatment, authorities at the regional level are in charge. The authorities contract with private organisations and these projects are financed by the general state budget. This started probably around the year 2001.

Bulgaria


Gambling activities were regulated in 1993 by a Regulation of the Council of Ministers. It expressly defined and regulated various types of gambling and implemented the principle of open licensing system. Prior to that date, gambling was mostly run via a state monopoly. In June 1999, a specific Gambling Law was adopted by the Parliament. The ratio of the Gambling Law was to regulate the gambling business by a legislative act of a higher level, i.e., a law rather than a mere regulation. The main principles of the regulatory framework however remained unchanged.


A basic principle is that only those types of gambling, which are expressly regulated by the law, may be performed under a licensing system. Any other type of gambling is therefore prohibited. During the applicable period of January 1997 to March 2010, the law only regulated land-based gambling services. Therefore, all online gambling services are prohibited. The government has been cur-rently preparing amendments to the Gambling Act to regulate and allow an open licensing system of online gambling services under specific, in fact quite restrictive conditions.


No specific prohibitions apply to specific games. Generally speaking, irrespective of the type of game, the ‘systematic’ (repeated) participation in any gambling, if the player is aware that it is organised without due authorisation, is defined as a crime under the Criminal Code.

48

Prohibition to play (online form):

Cf. comments relating to land-based form


Only individuals who have reached the legal age may participate in gambling.


Since online gambling is prohibited, there are no requirements regarding minimum age.

Czech Republic


Online gambling is currently not expressly regulated by the Lottery Act. However, the Ministry of Finance has not issued licenses for many years. Only in December 2008, in view of operation in 2009, the Ministry started to issue licenses for online rate bets (including sports betting). 8 licenses have so far been issued.


The comment under ‘licensing system’ applies: online gambling is currently only licensed with regard to rate bets.


The ethical codex and advertisement codex (legally not binding) list some restrictions.

Age of market (online form):

The online offer includes all rate bets. The licenses were issued in December 2008 and their operation started in January 2009.


Parts of the proceeds from gambling providers are allocated to publicly beneficial purposes. Sazka’ (lottery and rate bets) has been taxed by the law since the 1950’s.

49

Denmark


Sports betting: In addition to the public monopoly, local pool betting on dog races, track cycling and pigeon races has been allowed. Only local sports associations with a connection to the branch of sport may be granted a license. Lottery: Danske Spil (80% state owned) has a monopoly, but charity organisations can obtain a license to offer lottery in the local community. Charities only offer small scale lotteries in one to five police districts. If the the lottery is public, the organisation must apply for a lottery permit with the police. If the lottery is only intended for members of the organisation, no such lottery permit is required (simply inform the authorities). Two more (small) national lotteries exist: ‘Klasselotteriet’ (State Lottery) and ‘Landbrugslot-teriet’ (Agriculture Lottery, an independent organisation supervised by the Ministry of Justice). All these lotteries are of minor impor-tance compared to Danske Spil.

Poker: Until 31 December 2009, poker could only be offered in casinos. As of 1 January 2010, it is possible to obtain a license to of-fer small poker tournaments under very specific conditions regarding stakes, winnings, etc.

Table games: they can only be offered in casinos (6 in Denmark).

EGMs: Prior to 2000/2001, three EGMs could be put in a restaurant without the need to obtain a licence and prizes were only paid out in tokens to be spent at the facility. After 2000/2001, electronic gaming machines may only be placed in licensed restaurants and gambling arcades which hold an alcohol licence.


Danske Spil holds a monopoly (except for Classlottery) on all online games, but the operator has chosen to only offer some games, poker for instance has not been offered.


It is illegal to participate in all unlicensed hazard games. Only where the player is seeking to make a professional living out of gam-bling, a prosecution may be possible.


Cf. comments relating to the land-based form.


Danske Spil: There is no minimum age by law; Danske Spil however has chosen not to sell their products to persons under the age of 16.

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Advertising is only allowed for legally offered games. As regards games offered by Danske Spil, there are some requirements in the license given to the monopoly. For all other licensed operators the advertising must only comply with general Danish marketing regu-lation. There is no specific regulation regarding advertisement. Danske Spil has to follow these general restrictions too.




Prior to 2000/2001, electronic gaming machines only paid out winnings in tokens that could be spent at the facility. Such electronic gaming machines were permitted from 1988 in places of entertainment and from 1994 in restaurants.


Even though the monopoly has the license to offer the games, it has chosen to only offer a few. It does not offer online table games or poker, but only games like scratch tickets, bingo, ludo etc.


All the profits from the state-owned monopoly are distributed to charity purposes like sporting associations. Furthermore, there is tax imposed on the other licensees. 1 % of the tax on gross revenues from land-based EGMs is allocated to problem gambling since 2000. 1/3 is reserved for research and 2/3 are reserved for treatment. No funds are reserved for prevention. The government estab-lished a general fund and organisations can apply for funding, but the money is not ear-marked for gambling related purposes.

Estonia


Lottery: From 1/1997 to 1/2009, lotteries with maximum sum of winnings of less than EEK 250’000 [currently around 16’000 Euros] were allowed to be organised by non-profit organisations or foundations registered in Estonia as well as by legal persons controlled by the State. Such persons were required to obtain a relevant licence. Other lotteries were only allowed to be organised by licensed legal persons controlled by the State. With the new Gambling act coming into effect in January 2009, only licensed State-owned public limited liability companies are allowed to organise lotteries.

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The new gambling act expressly regulates online gambling in Estonia. It was adopted in 2008 and came into effect in January 2010. Due to the absence of such provisions prior to that date, one could not get a licence in Estonia, however, online gambling opportuni-ties were legally offered in Estonia and there were no legal means to stop and sanction such activities. Until 1/2010, no license was needed for organising online games; however, only lottery could only be organised by a company that is 100% State-owned.


Prohibitions to play do not relate to individuals generally, but only to ‘minors’ in order to enforce the minimum age to play. Minors are deterred from gambling by the threat of imposing sanctions on them (fines can be imposed). Persons who have the ability to af-fect the event on which bets are made are prohibited to participate in the relevant totalisators (fines can be imposed). Sports Betting, Poker, Table Games and Electronic Gaming Machines had an age limit of 21 years (1/1997 to 1/2009). From 1/2009, the age limit for sports betting was 18 years.


Cf. the comments regarding land-based form. Note in addition: there were no stipulations in the Estonian Gambling Act prohibiting players to engage in any type of remote gambling.


Lottery: no minimum age from 1/1997 to 1/2009. Since 1/2009, the minimum age for lottery is 16 years.

Sports Betting: minimum age from 1/1997 to 1/2009 was 21 years. Since 1/2009, the minimum age is 18 years.

Tables games and EGMs: A person under the age of 21 years can play on electronic gaming machines or play table games in a pas-senger ship registered in Estonia if the maximum possible bet for participation in one game of chance does not exceed EUR 10 and the maximum sum of winnings in a game of chance does not exceed EUR 2’000.


All advertising for gambling is generally prohibited. Until November 2008, the Estonian Advertisement Act enacted that “Gambling advertisements are prohibited, except for in the gam-bling venue.” As of November 2008, the underlying principle is the same, yet the list of places where gambling ‘advertisements’ are allowed has been somewhat broadened as well as specified.


Cf. comments on land-based form. In case of online gambling, there was a dispute regarding the question of what should be regarded the ‘gambling venue’ where advertising was permissible. As of November 2008, with the adoption of the new Estonian Advertisement Act, it was specified that in case of online gambling, the website of the gambling operator is regarded the gambling venue where gambling can be advertised.

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Legal offering of land-based gambling opportunities correlates with the adoption of the Estonian Lotteries Act in 1994 and the Esto-nian Gambling Act in 1995.


The provisions of the new Gambling Act that regulate online gambling came into effect in January 2010.


The State takes a portion from the gambling providers’ earnings by way of collecting taxes. The collected tax money is used for charitable and culture development purposes. The Republic of Estonia Gambling Tax Act came into effect in November 1992. The subsequent acts regulating gambling tax matters were the Gambling Tax Act of February 1996, April 2002 and June 2009. The law expressly indicates that a % of the portion taken by the State must be allocated to problem gambling issues starting from June 2009. Yet previously the list of activities to which the State portion was to be allocated was (and still is) rather broad with regard to the terms used in the relevant act, which allowed to allocate a part of the State portion to problem gambling issues prior to June 2009 as well. The allocation to problem gambling issues is now required by law as opposed to solely possible in earlier years. The respec-tive act of how to allocated gambling proceeds was amended several times. Pursuant to the current regulation (gambling tax act), the tax is paid into the state budget and the following allocation is provided for in the state budget: 1) to the cultural endowment of Estonia (46%), 2) to the Council of Gambling Tax (37.4%): 31.8% of it supporting projects relating to science, education, children and young peo-ple, 22% of it for supporting Olympic preparation projects, 10% of it for supporting other sports projects, 31.7% of it for support-ing projects relating to people with gambling addiction, families, medicine, welfare, elderly persons and disabled persons, 4% of it for supporting cultural projects and 0.5% of it for covering the costs for servicing a certain committee, 3) to the Ministry of Internal Affairs as programme funds for granting regional investment aid (12.7%; funds shall be used for supporting regional investments relating to children, young people, families, elderly and disabled persons in order to improve the welfare, learning, sports and leisure activities conditions), 4) to the Estonian Red Cross (3.9%).

Finland


The Finnish gambling market is governed by the Lotteries Act of 23 November 2001 (Arpajaislaki 23.11.2001/1047, ‘the Lotteries Act’). This act broadly applies to all forms of gambling and provides that a licence can only be granted to a Finnish non-profit legal entity. The regulation in Finland distinguishes between three groups of games: 1. money lotteries, pools and betting, 2. slot ma-chines, operating casino games and casino activities, 3. totalisator betting. For each group, the State can only grant one licence, i.e., there can only be one public provider for each group. Therefore, three licences have been granted to state controlled entities. The exclusive licences to arrange (i) lotteries and gaming (granted to ‘Veikkaus Oy’), (ii) slot machines and casino activities (granted to ‘RAY’), and (iii) pari-mutuel horse-racing (granted to ‘Fintoto Oy’) may only be granted to an institution especially established for the purposes of operating such gambling activities. These licences are valid until 31 December 2011.

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Proposals regarding amendments to the Lotteries Act have been processed by the Finnish Parliament according to which the current formal licensing regime would be replaced by a legal monopoly system. Veikkaus Oy, RAY, and Finntoto Oy would thus be expressly listed in the Lotteries Act. Those operators would also be allowed to offer their services online. There is only one casino in Finland (Grand Casino Helsinki). Casino games (poker and roulette) can also be played in certain pubs, discos, hotels, night clubs, restaurants and RAY’s arcades.

Slot machines can be played in hotels, restaurants, pubs, cafes, service stations, supermarkets, kiosks and arcades.

Maximum permitted stakes for slot machines and casino games differ depending on the place where games are offered. Maximum stakes and winnings for slot machines and casino games are lower when offered outside the Casino. An unofficial translation of the Lotteries Act is available online: http://www.finlex.fi/en/laki/kaannokset/2001/en20011047.pdf.


Veikkaus Oy which runs money lotteries, pools and betting has had the licence to run its games both offline and online. The gaming licence granted to RAY (slot machines, casino games) was amended in February 2010 in that RAY can provide its games online too as of that date. RAY’s online games were launched in November 2010.

The current interpretation is that the mere existence of a Finnish language website on the Internet or mere availability are not enough to constitute a prohibited activity. The activity is seen to be illegal when marketing is done for the purposes of sales promo-tion. Promotion of illegal online betting activities is prohibited in Finland.


The law has not required a certain minimum age to play Sports Betting and Lottery. The gaming licence holder offering money lot-teries, pools and betting (Veikkaus Oy) has applied a self-set minimum age of 15 years to all games it offers since 2005. Since June 2009, this self-set limit was raised to 18 years.

The gaming licence holder offering totalisator betting on horses (Fintoto Oy) has also had a self-set minimum age of 15 years to all games it offers since 2005.

For casino games (poker, tables games), the law sets a minimum age of 18 years.

The minimum age for playing EGMs situated in public places and with lower stakes and winnings is 15 years by law.

In the Lotteries Act amendment, which came into effect on 1 October 2010, the minimum age limit for all gaming was set to 18 years.


The Lotteries Act applies to all gambling (both land-based and online). Age limits set to certain games would thus in theory also ap-ply to online games. Cf. comments above.

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The law has not required a certain minimum age to play (offline and online) Sports Betting and Lottery. However, as poker, table games and EGMs used to be prohibited in the online form until January 2010, the accurate answer for those types of games is ‘no minimum age’ (it was not regulated). The gaming licence holder offering EGMs and casino games (including poker) (RAY, Finnish Slot Machine Association) launched its online games in November 2010.

The minimum age limit in the Lotteries Act amendment which came into effect on 1 October 2010 for all gaming is 18 years.

Prior to that amendment of the law, the license for RAY already foresaw in a legally binding way, with effect as of February 2010, that the minimum age to play poker, table games and EGMs online is 18 years. These games have been offered in practice since November 2010.

The minimum age required by law for playing EGMs was 15 years (until 30 September 2010).

The minimum age required by law for playing Poker and Table Games was 18 years (until 30 September 2010).

In the revision of gaming licence for RAY (February 2010), it was required that the licence holder may not offer online games for anyone under 18 years.


There were no specific restrictions in the law. Exclusive license holders only had ethical codes etc. with regard to advertising, but these cannot be enforced by supervising authorities.

The Lotteries Act amendment, which came into effect on 1 October 2010, introduced a definition of ‘marketing’. The licensed operators may market their services provided that this is done in a way which does not promote gaming that causes social and health problems but which channels gaming demand towards activities organised under the Lotteries Act. Such marketing must not be targeted at underage people. Marketing must not present heavy gaming in a favourable light or non-participation in gaming or moderate gaming in a negative light.


The law (Lotteries Act) does not differentiate land-based gaming from online gaming when it comes to marketing. Cf. comments relating to the land-based form.


Pool betting on matches was launched already in the 1940’s. Sports betting on individual matches began in Finland in the 1990’s. Pool betting was typically played maybe once or twice a week on say a number of matches of football league games. The person wins who gets the results of all matches right.

The national lottery (lotto) was introduced in 1971.

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Poker was legally introduced in Finland with the opening of casino in 1991. Later on, poker was also offered in other venues (e.g. certain hotels, restaurants, night clubs, gaming arcades). Other table games started earlier. They were first introduced on ferries.

The first slot machines were brought to Finland in the 1920’s. At that time, the slot machines were obviously mechanical. The first ‘electronic’ version was taken in use in the 1970’s.


The gaming licence granted to RAY was amended in February 2010 in that RAY may provide the above mentioned games also online which it does since November 2010 (poker, table games, electronic gaming machines).


The first decree (443/1937), which was adopted in 1937, stated that the proceeds from gambling should be spent on charity as well as on national defence.

According to the Lotteries Act, prior to the 2010 amendment, problems caused by participating in lotteries shall be monitored and researched. Gaming operators shall reimburse the State for costs incurred in the monitoring and research of problem gambling.

According to the Lotteries Act the proceeds from slot machines, casino games and casino activities are used to promote health and social welfare. These activities may possibly include projects dealing with problem gambling issues. A gaming operator operating slot machines, casino games and casino activities (RAY) submits a proposal to the Ministry of Social Affairs and Health for the distribu-tion of the grants to be distributed from its proceeds (distribution proposal). The distribution of grants is decided by the Government (Council of State) proposed by the Ministry of Social Affairs and Health.

Only with the amendment the act also asks for the development of prevention and of treatment of problem gambling. This is in the responsibility of the Ministry of Social Affairs and Health.

Section 52 of the Lotteries Act prior to 2010 amendment: “Problems caused by participating in lotteries shall be monitored and researched. Problem monitoring and research.

With the amendment: It also covers the development of prevention tools and treatment of problem gambling which is in the responsibility of the Ministry of Social Affairs and Health.

The gambling revenues as such go into the purposes specified by the law. Problem gambling issues are not expressly listed among them. However, in addition to these revenues, licensed gaming operators must reimburse the State for costs caused by monitoring and research of problem gambling. With the 2010 amendment, this also includes costs for prevention and treatment efforts.

There has been no special state-organised treatment system for problem gamblers. Treatment for problem gambling is provided and available through general social and healthcare services (such as A-clinics, mental health clinics and psychiatric services), which are

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provided by the municipalities and private organisations separately and together in co-operation. For example, the gambling helpline ‘Peluuri’ was funded by the licensed operators and organised by the A-Clinic Foundation and The Finnish Blue Ribbon.

France


The national expert(s)’ answers relating to sports betting include bets on horseracing. The latter is run by the (private) monopoly of PMU.


In relation to sports betting and lottery, the age limit results from decrees that were only adopted in 2007.


In relation to sports betting and lottery, the age limit results from decrees that were only adopted in 2007. For the other online types of games, this does not apply.


The relevant body is ‘Française des Jeux’ of which more than 70% of the shares are state-owned. PMU (horserace betting) and casi-nos redistribute money to the State but they are private entities.

Germany


Sports betting: In Germany, 4 licences exist for private sports betting, which were issued by the authorities of the former GDR in 1990. These licenses are not acknowledged by the authorities (especially in West Germany). A final court decision on the question whether these licences are valid was pending during the time of the survey.

Lottery: For a short period, charitable lottery (‘Umweltlotterie’).

Poker and table games: Poker and table games are only allowed in so-called ‘Spielbanken’ (land-based casinos). Every of the 16 German Länder (states) sets its own regulations for casinos. Each state chooses either a public monopoly (for example Bavaria) or a closed licensing system (for example Hessen). Some Länder changed the regulation during the time period of the survey (e.g. Baden-Württemberg from a closed licensing system to a public monopoly; vice versa in other states).

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The possibilities to legally offer online gambling in Germany have been very limited during 1997-2010. By law, there was a monopoly in the sense that the Länder law could allow the land-based exclusive right holder to offer its games also online. Wiesbaden and Hamburg for instance had during a couple of years a very limited offer of roulette games online. The state treaty (’Staatsvertrag’) in-troduced a ban of online gambling for all Länder as of 1 January 2008. For those offers that were already online at that time a grace period until 31 December 2008 was put in place.

Sports betting and lotteries: the German states changed the regulation twice: from prohibition to a public monopoly and back to prohibition. Sports betting was also offered online by the four holders of the GDR-licences. Poker and table games were offered online only by one private casino (‘Spielbank Wiesbaden’) in one Land (Hessen), from 16 July 2004 to 31 December 2007.


Only in the case where the games have been offered by non-licensed operators, both the operators and the players have been threatened by fines and imprisonment (Article 284 and 285 Penal Code).


The precise answer depends on the state law of the respective Land. As a general rule, in Germany, it has been illegal for individu-als to play during 1997-2010 with non-licensed operators. Article 285 Penal Code provides for penalties. In any case, the offers of online gambling provided by legal German operators were very limited between 1997 and 2008. The law of the Land could provide that the (land-based) gambling monopolist could offer games also online. Wiesbaden and Hamburg for instance had during a couple of years a very limited offer of roulette games online. The state treaty (’Staatsvertrag’) introduced a ban of online gambling for all Länder as of 1 January 2008. For those offers that were already online at that time a grace period until 31 December 2008 was put in place.


Poker and table games: In some German Länder (states), e.g. Bavaria the minimum age is 21 years for casinos (poker, table games), in others it is 18 years.


Online gambling is now illegal according to the Interstate Treaty on Gambling (‘Glücksspiel-Staatsvertrag’). As of 1 January 2008, online games have been expressly prohibited in Germany. Accordingly, there is no minimum age. In 2004, the ‘Lotteriestaatsvertrag’ set a minimum age of 18 years for lotteries and sports betting (even though the scope of the latter was contested).


Advertisement has been legal for monopoly operators. Online advertisement is generally illegal since 1/2008 (Interstate Treaty on Gambling). The Interstate Treaty further provides that advertisement should only be of informative nature, must not encourage people to participate in gambling, must not address minors, must not be misleading, must point out that minors are not allowed to

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participate, must point out to the dangers of addiction as well as to help lines. Advertisement on TV, internet or via phone is gener-ally prohibited. Advertisement for non-licensed gambling is prohibited.

Horse racing: The exception is horse racing which falls in the powers of the federal authorities (not covered by the Interstate Treaty): there have been no specific restrictions to advertising between 1997-2010. Restrictions to advertisement (online form):

Cf. comments relating to land-based form.

Grace period in 2008: even during the grace period where existing online operators could still offer their games, advertisement for them was prohibited.


Sports betting: Totalisator bets are older than Oddset (fixed odds, 6-10 years). Betting in the large sense also includes games like Toto or ’Rennquintet’.


Online gambling has been illegal since 1/2008. Prior to that date, the offer was very limited: poker and table games for instance were offered for 3-5 years in the Land Hessen.


The State takes a big portion from all games (except from EGMs) since the early days, through duties and taxes. Monopoly operators are in any case state-controlled. Providers of EGMs pay only the normal income tax. The Interstate Treaty introduced the requirement to allocate money to problem gambling. But it is a small portion only. According to the Interstate Treaty (para. 11), the Länder have to allocate money to research on gambling addiction.

Gibraltar


The Government of Gibraltar takes a conservative approach to the licensing of land-based gaming establishments. There is currently only one land-based casino in Gibraltar.


As for land-based casinos, the Government generally takes a conservative approach to licensing gaming operators. A number of

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factors are considered when reviewing an application, including the background of the operator and its promoters and whether licensing the applicant would be of economic benefit to Gibraltar. Gibraltar is keen to maintain its reputation as a first class gaming jurisdiction and therefore only tends to license larger, more established operations that would have a significant presence in Gibraltar.


The law prohibits minors from gambling in land-based casinos.


The law prohibits minors from gambling on online gaming sites. It also requires gaming operators to monitor players in an attempt to recognise and help individuals with gambling addictions.


General advertising rules apply, these may prohibit advertisements that are: indecent, pornographic or offensive; false, deceptive or misleading; intended to appeal to persons under the minimum age; or in breach of copyright laws.


Gaming operators are required to contain a link providing the following information: full name and business address of licence holder; a statement that the operator is licensed in Gibraltar and regulated under the Gambling Act 2005; a statement to the effect that persons under the minimum age within the meaning of the Gambling Act 2005 are not permitted to participate in gambling activities provided by the operator. The Minister, after consultation with the Gambling Commissioner, may prescribe rules governing the advertising of gambling activities authorised under an online gaming licence. Such rules may prohibit advertisements that are: indecent, pornographic or offensive; false, deceptive or misleading; intended to appeal to persons under the minimum age; or in breach of copyright laws. As part of its licensing arrangements each operator undertakes to ensure that all advertising and promo-tion in connection with the gambling activities is truthful and accurate. It must also ensure that the internet websites used to adver-tise, promote and operate the gambling activities do not include links to other sites with violent or immoral content or that may be accessible by minors. In addition to the above, the advertising and promotion of gambling activities can only be directed to citizens of nations in which it is not illegal to undertake such activities.


Gaming duty is payable calculated at 1% of the gaming yield/drop for casino and poker and 1% of turnover for sports betting. The maximum amount payable by each operator (per licence) is £425,000 per annum. Gaming duty is payable under the provisions of the Gaming Tax Act that came into force on the 14th February 1975. It should be noted that Gibraltar is a small jurisdiction with only 30,000 inhabitants. There are social assistance and awareness programmes available locally which are funded by the overall Govern-ment revenue. However, as the major part of the clientele of Gibraltar online operators are based outside Gibraltar, there are require-

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ments (as part of their licensing arrangements in Gibraltar) that these operators implement measures to combat problem gambling issues and assist individuals who suffer from gambling addiction.

Greece


Concerning poker: only licensed casinos may be authorised to offer poker games; for this purpose, they need an additional specific licence. The game ‘Texas hold’em’ is however forbidden. Concerning EGM’s: only casinos can operate electronic gaming machines. The specific games, which they are authorised to offer, are determined by each casino licence. However, VLT’s are totally forbidden in Greece, even in casinos. The European Court of Justice found the provisions of Greek Law 3037/2002 prohibiting the use and installation of all electronic games to be in violation of EU law (C-65/05). Greece is currently paying penalties for not having yet modified or withdrawn this law.


There is no legal framework in Greece regarding online gambling. However, the incumbents of the Greek monopoly filed lawsuits before Greek courts against various foreign companies offering games over the internet. Several courts have extended to these cases the regulations prohibiting offline gambling and applied the corresponding criminal sanctions. Some other courts refused though to extend these regulations to online gambling, arguing that they are in violation of EU law.


Greek legislation provides for criminal sanctions against players participating in unauthorised games.


As explained above, there is no regulation applying to online gambling in Greece. However, it is not impossible that a court may extend to online players the criminal sanctions that exist for land-based illegal players.


The access to agencies of the incumbent Greek monopoly for sports betting and lottery is forbidden to children under 18. However, this prohibition is not correctly applied in practice. The access to casinos is restricted to adults of 23 years or older.


As explained above, there is no regulation applying to online gambling in Greece.

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Only incumbents of the public monopoly or licensed casinos are allowed to advertise land-based gambling.


Prohibition is not the fully ‘exact’ answer to this question since, as explained above, there is no regulation applying to online gam-bling in Greece. But incumbents of the public monopoly and licensed casinos are currently acting before Greek courts in order to prevent foreign gaming companies to advertise their offers of games.Age of market (land-based form): Reminder: these games are legally offered only by the incumbents of the monopoly and licensed casinos.


The Greek State directly benefits from the earnings of the lotteries organised by the State lotteries and the Greek Organisation for Horseracing (ODIE), a ‘société anonyme’ owned by the Greek State. The Greek State also benefits from the earnings of the company OPAP S.A. that has been granted the monopoly for sports betting and numerical lotteries since the State is still its main shareholder. Casinos have to pay high duties to the State in order to obtain theirs licences. In addition, the State collects taxes from the incum-bents of the monopoly and casinos.

Hungary


Poker and table games are regulated by a concession system too (but not a limited number), however the operation of electronic gaming machines requires a licence that is easier to obtain.


The providers of gambling services holding foreign licences but not Hungarian licences shall not advertise their services. The purpose of the restrictions is the protection of children and youth. Therefore, it is prohibited to advertise gambling in media which are aimed at children our teenagers or that advertisements aim to raise the interests to gamble among children and teenagers. The providers of gambling services holding foreign licences but not Hungarian licences shall not advertise their services.


The providers of gambling services holding foreign licences but not Hungarian licences shall not advertise their services. The purpose of the restrictions is the protection of children and youth. Therefore, it is prohibited to advertise gambling in media which are aimed at children our teenagers or that advertisements aim to raise the interests to gamble among children and teenagers. The providers of gambling services holding foreign licences but not Hungarian licences shall not advertise their services.

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Iceland


The providers have self-regulated the minimum age to 18 years. Age of market (online form):

Online playing on electronic gaming machines is prohibited.

Ireland


Poker and table games: There are no licences available for poker or table games. However there is a general ban on gaming except in limited circumstances; unless poker or table games can be brought within these limited exceptions, they will be illegal. The limited circumstances include: the promotor derives no personal profit from the promotion and there is only one charge per day for playing the game. It is easier to bring poker tournaments within these exceptions than table games. ‘Private Members Clubs’ are operating in Ireland without licence as a result of a lacuna in the Gaming and Lotteries Act 1956. The area is under review: legislative changes have been promised to regulate casino and similar activity. There is a reference in the law to “playing cards with friends” which has been used by private members clubs to say that such games are allowed in private members clubs. There are about 50 such clubs in Ireland and they have operated over the last decade with the tacit acceptance of the enforce-ment authorities.

EGMs: Licences for EGMs are only available in certain local authority areas.

Lottery: Lottery licences can only be obtained if they are linked to a charitable purpose, although promotors can claim “expenses”.


There is no distinction in the law (Law of 1956) between land-based and online gambling. Accordingly, cf. comments relating to the land-based form. Lots of ‘Irish’ operators offer full range of above services but locate their servers outside of Ireland. There are no licences available under Irish law.


The National Lottery Act of 1986 stipulates 18 years as minimum age to buy a ticket. Other gambling activities are operated as pri-vate members clubs without a proper legislative bases and therefore without a minimum age.

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Cf. comments relating to land-based gambling. Online gambling is not subject to any specific regulations. The out-of-date 1956 Gaming and Lotteries Act applies but only if activity takes place on Irish servers.


Sports betting: in theory, restrictions on advertising football betting, not permitted to advertise betting on football games outside of registered bookmakers premises. In practice, however, this is not enforced and such advertising is widespread.The promotion of unlawful gaming and promotion of unlawful lotteries is illegal under the 1956 Act, but it is often ignored in prac-tice.


Cf. comments relating to land-based form. Since online gaming is not subject to any specific regulations, the 1956 Gaming and Lot-teries Act applies. Online operators cannot place their servers legally in Ireland. As a consequence, they cannot advertise them since the ’promotion of unlawful gaming’ and ‘promotion of unlawful lotteries’ is illegal under the 1956 Act (even though often ignored in practice).


Cf. comments above relating to poker and table games. Restricted private lotteries and low prize licensed lotteries have been possible since 1956. The national lottery as such was introduced later and has been played maybe for 21-25 years.


In theory, these games have all been allowed since the enactment of the Betting Act in 1931 and the Gaming and Lotteries Act in 1956 as that legislation still applies. While the legislation does not specifically deal with online activities, the same law must be ap-plied to online activities. However, in practice, it is difficult to set up an online private members club to offer poker and table games. Therefore such games are not usually operated from Ireland but are freely available to be accessed from other countries.


There is a betting duty charged on sports betting, currently 1%. It has changed many times and it has been proposed to increase the duty to 2% in context of extending the reach to online operators. There is no specific gaming duty but VAT is applicable. Moreover, there is no specific duty on lotteries other than a court fee for the grant of the licence.

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Italy


Sports betting: With the legislative Decree no 399 in 1999 the ‘AAMS’ can distribute a limited number of sports betting licenses.

Poker: As of 2007, Texas hold’em poker can be organised in tournament form outside casinos. Before that date, poker as any other form of table games could only be offered in casinos.

Poker/table games/EGMs: There has not been up to date an express law providing for casino licences. However, for several decades, four casinos have been essentially tolerated in Italy by government decision. Poker, table games and EGM’s are offered in those casi-nos.

EGMs: there are no limitations on EGMs in casinos. Outside of casinos, there are some limitations since 2004 such as the amount that can be wagered. It takes an authorisation to run EGMs outside of casinos and the EGMs must be located in separate rooms.


Poker and tables games: The only online poker and table games legally provided are in the form of tournament.


The overall rule is that only types or forms of gambling offered by a licensed operator are legal to play. It is illegal to play with unli-censed operators and there is a sanction imposed on individuals by law.


The overall rule is that any form or type of gambling legally offered can also be advertised, but not others. There are no specific restrictions. The requirement that advertising should not be aggressive is not gambling-specific but applies more generally to advertising.


The State takes a portion of gambling earnings since the game was legal. There is no specific allocation to problem gambling and addiction issues. A part of the portion taken by the State is allocated to implement sportive structures.

Jersey


Poker falls under the rules relating to card games: if played in a Public House, it cannot be organised for profit. Table games (such as 65

the examples provided in this question’s definition) are prohibited. The dice game ‘Crown and Anchor’ is allowed by permit. Lot-teries, strictly not for profit, can only be run to raise money for good causes. There is however a State owned lottery: the Channel Islands Lottery.


The Jersey regulatory landscape in relation to remote gambling must be further clarified: The Gambling (Remote Gambling Disas-ter Recovery) Regulations 2008 were passed by the States of Jersey on 15th January 2008 and came into force on 22nd January 2008. The Regulations allow companies, which are licensed to operate remote gambling services in other jurisdictions, to place their disaster recovery, or backup systems, in Jersey and, in the event of disaster, operate temporarily from Jersey. The Regulations create a licensing regime for both the hosting facility providers and remote gambling operators requiring disaster recovery provisions in Jersey.


The law criminalises all forms of gambling which are not prescribed therein. A punter may legitimately contract with a licensed op-erator or partake in other gaming allowed by permit. However, if a punter contracts with an illegal entity, both the facilitator of the gambling and the punter are guilty of an offence.


Gaming machines are reserved for licensed betting offices, however, there is a category of machine referred to as ‘Amusements With Prizes’ (low value stakes, low value prizes) which are permitted in Arcades. Currently, the latter are accessible by children, however it is very likely that the modernisation programme of the gambling law and regulations will prohibit this permission and reserve all machine play for 18 years and above.


The law only permits online gambling from within Jersey in cases of verified disaster; responsible gambling measures combined with age verification and player protection are licence conditions for all operators.


The Channel Islands Lottery may advertise games; social or charitable lotteries may not. As mentioned above, only the State owned lottery may advertise by dint of regulations removing this lottery from the definition of ‘gaming’. A poker game may be advertised within the venue it is to take place; the law strictly forbids the licensee of liquor licensed premises to have any involvement with the arrangement or advertising of the game. Race meetings may advertise forthcoming events but on-course betting cannot be included in promotional material.


The law and regulations predate the advent of online gambling. While the disaster recovery regulations make some provision for temporary remote gambling from within Jersey, the main thrust of the 1964 law in relation to external offerings is written in such a way as to protect the world from Jersey rather than a reciprocal arrangement. This article is subject to review.

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The law and regulations predate the advent of online gambling. While the disaster recovery regulations make some provision for temporary remote gambling from within Jersey, the main thrust of the 1964 law in relation to external offerings is written in such a way as to protect the world from Jersey rather than a reciprocal arrangement. This article is subject to review.


Gaming Machines law updated to allow server based terminals in 2009. ‘Amusement With Prizes’ as explained earlier were allowed since the 1960’s.


The public are not forbidden from gambling online – so the age of the market will equate to the length of time relating to ‘permis-sion’. Online gambling provided from within Jersey can only be done so as a form of business continuity and only since 2008.


Commercial gambling is subject to a licence fee and Goods and Services Tax (GST). Gambling machines attract a separate licence fee and GST. All charities/societies wishing to use gambling to raise funding for a good cause must be registered and all subsequent gambling requires a permit: permit and registration attract a charge. The only table game allowed, ‘Crown and Anchor’, requires a permit and attracts a charge. Online gambling in cases of a verified disaster attracts a licence from both the hosting provider and the operator. Jersey has approved the introduction of a statutory levy on licensees to establish the Social Responsibility Fund. The law allows the Jersey Gambling Commission to fund its social responsibility function by raising, in any year in which it is appropriate, a social responsibility levy (which must be paid into the social responsibility fund) from gambling service providers holding specified licences. The Commission must publicise any levy and persons who hold or should hold specified licences. They will then have to de-clare their gross gaming yield, to which a percentage rate is applied to produce the levy. The rate may be not more than 1 per cent, unless the State sets a higher percentage by Regulations. The Gambling Commission Jersey Law 2010 awaits approval for the Privy Council - therefore the levy will be established once the law is registered in the Royal Court. Pior to this, the industry donated sums to local groups. See comments above: the establishment of a statutory levy to feed the Social Responsibility Fund will be dedicated to funding research into and treatment of problem gambling and education and promotion of responsible play. The States of Jersey fund the Health Service through taxation. Earmarked funding from the gambling sector to those various pertinent services are not known to the participant (e.g. addiction services for those individuals displaying pathological gambling). In accepting the likelihood of co-morbidity in relation to gambling problems tailored funding streams are improbable. Charitable funding (church groups etc.) do support Gamblers Anonymous, in so much as securing meeting spaces and refreshments. The Jersey betting industry also donates to Gamcare, Gambling Therapy and other allied bodies.

Latvia


In the time period from 1/1997 until 3/2010, the legislation has been changed but the nature of regulation related to gambling and lotteries has essentially remained the same.

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Poker: Poker is perceived as a game of chance and defined in gambling law. There is no distinction between different forms of poker. Poker is allowed only in licensed casinos.


In practice, there was a prohibition in place for all online types of games from 1/1997 to 12/2005. There was no specific regulation for online gambling services prior to 1 January 2006. No licence could be acquired (except gambling via telephone which is not con-sidered as online gambling).


Prior to 1/2006, there were no specific restrictions for advertising. Article 41(5) of the Gambling and Lotteries Law introduced the provision that gambling advertisements are prohibited outside gambling venues. Within gambling premises, only the name of the gambling venue and the registered trademark of the gambling organiser can be indicated. The changes introduced by Art. 41(5) apply to all types of gambling, including online types.


Cf. comments under land-based form. Article 41(5) applies to advertising for online gambling too. Advertisement is only permitted ’in or at the venue’. This could in practice mean that advertisement is only allowed on the website of the online operator. This is a matter of interpretation and there is no case law yet in Latvia regarding this question.


Poker, table games and EGMs have been offered online since 1 January 2006.


According to the Gaming Tax Law (in effect since 1 January 1995), revenues from lotteries and gambling fees (payment for the spe-cial licences) are paid into the State budget, including for health purposes, and in the budget of the municipality in whose territory the lottery is organised. No money from the gambling revenues is ear-marked to deal with problem gambling issues, but authorities have supported projects from their general budget, i.e., central and local municipalities support different social projects which indi-rectly deal with problem gambling.

Liechtenstein


Liechtenstein has a Customs Treaty with Switzerland. Liechtenstein generally has its own legislation which prohibits any aspect of gambling; however, Swiss law applicable via the Customs Treaty provides for exceptions in the areas of lottery and sports betting.

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Liechtenstein law only prohibits the organisation of gambling events with the intention to gain money.


The Swiss operator ‘Swisslos’ has been present in Liechtenstein ever since due to the Customs Treaty; accordingly, confer also the answers under Switzerland to this question. The numbers here should be perceived as an estimate.


Internationale Lotterie in Liechtenstein Stiftung, International Lottery in Liechtenstein Foundation (‚ILLF‘).


It is not really clear as the ILLF only speaks of charitable donations (cf. www.illf.com).

Lithuania


Gambling in Lithuania was legalised in 2001 after the adoption of Gaming Law 2001. Nota bene: Our jurisdiction does not distin-guish between poker and other forms of casino table games.


All kinds of online gambling are prohibited in Lithuania. Online gambling has not been regulated in Lithuania from 1997/01 until 2010/03. However, only licensed operators may provide gambling services.


The law never provided a general prohibition for individuals to participate in land-based types of games, either organised by local or foreign gambling operators. There is a specific prohibition for certain groups of individuals: e.g. 1) founders and shareholders of the organising company, persons under their control, members of the gaming company supervisory board, management board and all company personnel shall be prohibited from participating (either individually or through representation by another person or upon authorisation issued by another person) in the gaming organised by their own company; 2) public servants engaged in the control and supervision of gaming shall be prohibited from participating in the gaming, except when they are exercising control; 3) persons who are under 18 years of age shall be prohibited from participating in gaming. Persons who are under 21 years of age in gaming shall be prohibited from participating in gaming organised in casinos.

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Online gaming is not expressly regulated under the Lithuanian laws in the period from 1997/01 to 2010/03. There is no general prohibition for individuals to participate in the online types of games. It is however prohibited to organise online types of games in Lithuania.


The law does not require a minimum age because online gaming is not regulated under the Lithuanian laws from 1997/01 to 2010/03. There are no specific regulations concerning online types of games in Lithuania, therefore there are no requirements concerning specific minimum age to play online types of games. General provisions concerning minimum age to participate in legal forms of gambling in Lithuania is indicated above.


The law provides that advertising of gaming shall be forbidden, except for the advertisements of names and addresses of gaming establishments (casinos), bingo, machine halls and the types of games operated. The law provides no specific restrictions for advertis-ing lotteries.


There are no specific regulations regarding advertising of online types of games in Lithuania. There is a general prohibition to organ-ise online types of games.


All legal entities that operate lotteries in accordance with the Law on Lotteries and gaming in accordance with the Gaming Law have to pay Lottery and Gaming Tax. The taxable period in respect of Lottery and Gaming Tax shall be one quarter of a calendar year. The lottery and gaming tax base is: 1) in respect of lotteries, the total face value of the tickets distributed in a lottery; 2) in respect of bingo, totalisator and betting, the total amount of proceeds less the amount of prizes actually paid out; 3) in respect of machine gaming and table games, a fixed amount for each gaming device (gaming machine, roulette, card or dice table). When operating lotteries, a tax rate of 5% is imposed on the Lottery and Gaming Tax base; when operating bingo, totalisator and betting, a tax rate of 15% is imposed on the Lottery and Gaming Tax base. When operating machine gaming and table games, a fixed tax amount is imposed on each gaming device that is: LTL 800 per gaming machine of category A (unlimited stakes and winnings), LTL 300 per gaming machine of category B (limited stakes and winnings), LTL 6000 per roulette, card or dice table for each taxable period.The Law on gaming tax was first adopted in July 2001. It has been in place since then, with some alterations in the tax rates and the amount of fixed tax applied on gambling providers.The distribution of the Lotteries and Gaming Tax in the state budget is not specified.

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Luxembourg


The Law of 20 April 1977 on the operation of a business of ‘games of chance’ stipulates that the operation of games of chance is prohibited, with no distinction of online or land-based games. The exceptions are enumerated and include lotteries, some defined casino games and sports betting. Sports betting: Article 4 of the Law of 20 April 1977 empowers the Ministry of Justice to authorise sports betting. The Ministry of Justice restricts suppliers by the existing needs, in particular rejecting the pure lure of money as the sole basis for application.

Lottery and sports betting: Mere competition games, free lotteries and tombolas exclusively organised for marketing purpose are not considered by the law as ‘games of chance’ (Article 2 of the Law of 20 April 1977) and do not require authorization. The ‘Oeuvre Nationale de Secours Grande-duchesse Charlotte’, a non-profit public institution under the supervision of the Prime Minister and State Minister, is the public authority legally permitted to organise the ‘Loterie Nationale’ in favour of charity institutions. Apart from the National Lottery, only three authorisations were given so far by the Ministry of Justice to German gaming companies providing German lotteries and sports betting in Luxembourg.

Poker: The legal treatment of poker is not entirely clear. Its regime is not provided neither by the Law of 20 April 1977 on the opera-tion of a business of ‘games of chance’ nor by any case law. In 2007, the Luxembourg public prosecutor’s department announced a ‘Gentleman Agreement’ between the Ministry of Justice and poker organisers (in particular bars), thus enabling the organisation of poker ‘events’ (any forms) provided that stakes are low (approx. 20 € per player). Furthermore, the Grand ducal Regulation dated 8 March 2002 implemented Article 6 of the Law of 20 April 1977 and lists stud poker as the only poker form that might be provided by casinos (only one casino exists in Luxembourg: Casino ‘2000’ Mondorf).

Table games: they are prohibited except those organised by the Casino and as listed pursuant to the Grand ducal Regulation dated 12 February 1979 (modified by the Grand ducal Regulation dated 8 March 2002): roulette, ‘American’ roulette, ‘English’ roulette, trente-et-quarante, black-jack, craps, punto banco and stud poke and pure table games, i.e., baccara chemins de fer, baccara à deux tableaux à banque limitée et l’écarté, baccara à deux tableaux à banque ouverte., It is a closed licensing system because the Regulation only let the Casino ‘2000’ Mondorf to provide these table games.

EGMs: Article 3 of the Law of 20 April 1977 prohibits the organisation of EGM gaming on the public highway and in public places and in particular not in bars (outside the only casino ‘2000’ Mondorf).


Cf. comments relating to land-based form. The Law of 20 April 1977 on the operation of a business of ‘games of chance’ does not specify whether online games of chance are prohibited or whether they may be subject to authorisation. The Ministry of Justice in charge of authorisations declared that given the lack of precision online gambling activities could be authorised provided that some qualitative conditions are met by the online gambling operator. The Law of 30 July 2002 (entered into effect about three months later): Article 21 offers an implicit authorisation if certain conditions relating to advertising are fulfilled. Contacts with the competent authorities have confirmed that they would be ready to licence online operators if certain conditions were fulfilled.

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Lottery: Online lotteries may be authorised by the Ministry of Justice and should correspond to a need of Luxembourg residents. No authorisation has been given so far to any online lotteries provider.

Poker: Theoretical authorisation available to online poker providers according to a ‘gentleman agreement’ for minor buy-in (approx. 20 € per player). No authorisation was given so far to any online poker provider. In any case, the country applies a policy of tolerance towards EU-licensed providers (no prosecution).

Table games: There is a theoretical authorisation that can be given to Casino 2000 Mondorf.

EGMs: There is a theoretical authorisation that can be given to Casino 2000 Mondorf.


Luxembourg law only prohibits the organisation and/or exploitation/promotion of unauthorised games of chance and does not sanc-tion gamblers (Article 14 of the Law of 20 April 1977 and Article 305 of the Luxembourg Criminal Code). The only ‘sanction’ against players is defined in Article 305 in fine of the Luxembourg Criminal Code: “In any case, are seized funds or goods exposed in the prohibited game as well as furniture, instruments, implements, devices used or intended for the games.”


Cf. comments relating to land-based form. As Luxembourg Law does not expressly deal with online types of games, the land-based regulation is also applicable to online types of games.


Minimum age is best described with 18 years.


Gambling advertisement is generally allowed. But the Law on minors, which entered into effect prior to 1997, stipulates that adver-tisement inter alia for gambling shall not target minors. Other than that, advertisement on gambling is not specifically restricted or regulated in Luxembourg. The general regulation regard-ing faithful, trust-worthy and honest commercial advertisement is applicable to gambling.Restrictions to advertisement (online form):

Cf. comment relating to land-based form. In addition, the Law of 30 July 2002 (entered into effect about three months later) intro-duced further limitations on advertising for certain online types of games (Section 4, Art. 21), even though they mainly concern free competitions that promote other products such as newspaper: commercials shall not be confusing, nor somehow misleading.


Law of 1882 authorised lotteries in Luxembourg. On 16 April 1983, casino Mondorf opened its doors: it has offered tables games and poker. A few years later, it also introduced EGMs.

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The only ‘lotteries’ offered online are not money related (scratch games by the ‘Loterie Nationale’, since December 2001). No other authorisation was given so far to any online gambling provider.


As foreseen by law, a number of charity institutions have taken a portion of earnings from the biggest gambling provider (the nation-al lottery). The net product of the national lottery is currently distributed as follows: 30/72 to the Oeuvre de Secours Grande-Duch-esse Charlotte (redistributed to charitable institutions), 15/72 to the Oeuvres Sociales des Communes, 12/72 to the Fonds National de Solidarité, 5/72 to the Luxembourg Red Cross, 5/72 to the Ligue Luxembourgeoise de Prévention et d’Action Médico-Sociales, 5/72 to the Fondation Caritas, and the the unused fraction of the part allocated to the Oeuvres Sociales des Communes is attributed to the Fonds National de Solidarité. The other private gaming operators are subject to tax and other charges. The ‘Loterie Nationale’ organised by the ‘Oeuvre Nationale de Secours Grande-duchesse Charlotte’ was originally created in 1945 in order to refinance damages caused in Luxembourg by the war 1940-1945.

Malta


As to the situation prior to 4/2004: the Offshore Betting Ordinance (tax legislation) offered preferential tax rates to foreign compa-nies. As a consequence, numerous gaming companies started their business in Malta and the government felt it needed to introduce a specific gaming act: he Remote Gaming Regulation Act entered into effect on 4/2004.

Table games and poker: these games can only be played in casinos. The number of casinos between 1997 and 2010 has been in-creased, but always limited.

EGMs: prior to 10/2007, these games could be offered without a specific licence in gaming parlours.Minimum age to play (land-based form):

Throughout 1997 to 2010: Maltese nationals must be 25 years to enter casinos; foreigners only 18 years. The majority of casino visi-tors are Maltese. In gaming parlours, people can play on EGMs as of 18 years.


For all games: there were no specific restrictions to advertising between 1/1997 to 3/2004. Restrictions applied from 4/2004 to 3/2010. It was only with the Remote Gaming Regulation Act (4/2004) and a relevant directive in 12/2004 that gambling specific restrictions to advertising were introduced. The restrictions include: no aggressive advertising, i.e., operators shall not engage in advertising or permit anyone involved in the licensee’s operations, to engage in advertising that: (a) implies that gaming promotes or is required for social acceptance, personal or financial success or the resolution of any economic, social or personal problems; (b)

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contains endorsements by well-known personalities that suggest gaming contributed to their success; (c) is specifically directed at encouraging individuals under eighteen years of age to engage in gaming; (d) exceeds the limits of decency; (e) is false or untruth-ful, particularly about the chances of winning or expecting return to a gambler; (f) suggests that gambling is a form of financial investment; (g) suggests that skill can influence games that are purely games of chance; (h) promotes smoking and, or the abuse of consumption of alcohol while gambling; (i) implies that gambling promotes or is required for social acceptance, personal or financial success or in the resolution of any economic, social or personal problems; (j) tarnishes the goodwill and privilege that is associated or related in any manner whatsoever with being a licensee, or tarnishes the image or reputation of another licensee. Licensees shall not engage in any activity that involves sending of unsolicited electronic mail, whether it is through its own operation or by the interven-tion of third parties.


Cf. comments relating to land-based form. The Remote Gaming Regulation Act (4/2004) and a relevant directive in 12/2004 inttro-duced the gambling specific restrictions to advertising.


The Ministry of Finance collects a gaming duty for all gaming. In the case of land-based lotteries and sports betting (which both fall under the national lottery licence), the Ministry collects a portion of their earnings to go to the Good Causes Fund.

The Netherlands


The types of gaming relevant to this survey are all regulated by the Dutch Betting and Gaming Act 1964. The only types of licence available are those expressly stated in the Gaming Act. The Gaming Act allows for exclusive licences for a state lottery, good causes’ lotteries, instant lotteries, sports betting, lotto, horse betting and casinos (including offline poker). Holland Casino is the exclusive licensee for casino gambling. De Lotto holds the exclusive right for sports betting, instant lotteries (scratchcards) and sports lotto. Furthermore, there are several national lotteries: the Staatsloterij (“State lottery”) and the Nationale Goede Doelen Loterijen N.V (“National Charity Lotteries”): operator of the Postcode Loterij (“Postal Code Lottery”) and the Bankgiro Loterij (“Bank Lottery”) and the Sponsorloterij (“Sponsor Lottery”). The monopoly for betting on horseracing is granted to Scientific Games Racing B.V.. Further-more, several hundreds of incidental (temporary) lottery licences are issued to charitable organisations. Such temporary, incidental licences are comparable to the concept of a UK “society lottery”. Furthermore, slot machines are exploited by some three hundred private operators. Most exclusive licences are issued for a period of five years, however, the State Lottery and Holland Casino have permanent licences. In 2010, De Lotto was issued an exclusive license for sports betting only for a two years period.


All forms of remote gambling are prohibited in the Netherlands. The only types of licences available are those expressly stated in the Gaming Act and no remote gambling licences are therefore available. However, the operators of Dutch sports and horse betting

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(respectively De Lotto and SGR B.V.), the State-Lottery (“Staatsloterij”) and the charitable lotteries (“Goede Doelen Loterijen N.V”) are allowed to offer their services both offline and online. In the Dutch parliamentary documents on gaming regulations, a distinc-tion has been made between e-gaming and e-commerce: e-gaming is defined as a game of chance that is solely offered online. E-commerce is defined as an offline game of chance that is also offered online, such as subscriptions to lotteries but also participation in regular sports betting games. However, neither the Dutch Gaming Act nor the underlying regulations make such a distinction; the licence in any case provides for the option to offer the regular betting and gaming opportunities through ‘direct electronic means’, which is TV, internet or telephone. Thus, e-gaming is prohibited whereas e-commerce is allowed.


There is no prohibition for players to play a game if the game has a license; otherwise there is a threat of fines.


According to Article 1(c) of the Dutch Gaming Act it is prohibited to participate in games of chance, if the participant knows that the provider of these games of chance does not hold a Dutch licence. However, this prohibition only applies to domestic games of chance. The dividing line between domestic and foreign games of chance is not (yet) clearly defined. Initially the ‘Ladbrokes’ ruling gave a broad interpretation of Article 1 of the Gaming Act; in a civil judgment of 18 February 2005 (Ladbrokes) the Supreme Court ruled an opportunity to participate in games of chance is, in general, offered in the Netherlands if access to these games is given through a website which is also directed to the Netherlands. However, the Explanatory Memorandum of the Gaming Act cast doubt on this application. The Explanatory Memorandum of the Gaming Act states that the participation in the Netherlands in games of chance organised abroad is excluded from the application of Article 1(c) Gaming Act. In any case, it is not very likely that consumers in the Netherlands will be prosecuted for betting on foreign based websites. It is unlikely that consumers have so far been prosecut-ed or otherwise held liable for participating in online games of chance.


The incumbent operators have to comply with the ‘Advertising Code for Games of Chance’ which came into effect on 16 February 2006. This Code was drafted by the licensed operators themselves. It excludes to address advertisements to under-aged persons. Contrary to promises made by the Minister of Justice in 2005, the code does not contain quantitative restrictions on the operators’ marketing efforts. Since then, the Ministry has refused to implement statutory quantitative restrictions on the marketing efforts. In addition, the Advertisement Code is not legally binding for the incumbent operators.


Cf. comments relating to land-based form. Please note that based on the Dutch Betting and Gaming Act, offering and promoting online games of chance is unconditionally prohibited. However, the operators of Dutch sports and horse betting (respectively De Lotto and SGR B.V.), the State-Lottery (“Staatsloterij”) and the charitable lotteries (“Goede Doelen Loterijen N.V”) are allowed to offer their services both offline and online. While e-gaming is prohibited, e-commerce is allowed. The incumbent operators have to comply with the “Advertising Code for Games of Chance”.

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Sports betting: The incumbent operator, De Lotto, which holds the licence to organise sports betting, was established in 1961 and was granted the licence to organise sports betting in 1964 (after introduction of the Dutch Gaming Act 1964). However, already in 1957 the Dutch Football Association was entitled to organise betting on football matches (“Toto”). The age of the market is in this sense more than 50 years.

Table Games: casino games or table games were laid down by law in 1974 in the Dutch Gaming Act. In 1975 the first exclusive licence to organise casino games was granted to Holland Casino. Holland Casino started its operations on 1976. Offline Poker: Offline poker is according to Dutch law regarded as a table game (cf. above). Hence, the age of the market (legally of-fered) is the same. It is mentioned as a table game in the Decree Casino Plays of 1988.

EGM: In 1986 gaming machines were legally enshrined in the Dutch Gaming Act 1964. The Gaming Act was amended in 2000 (“Speelautomatenbesluit”) with the objective to have stricter rules on gaming machines and to combat gambling addiction.


For several years, the incumbent operator “De Lotto” has also offered its gaming and betting services online although e-gambling is forbidden by law in the Netherlands. The Dutch government holds the view that that these online services constitute “e-commerce” as they seek to mirror online the products already enjoyed by Dutch players offline and are therefore different from the “e-gambling” services offered by EU operators which are prohibited under Dutch law.


Holland Casino: public monopoly, fully state-owned, founded 1975, total net income goes to treasury. De Lotto (lottery, sports betting and scratch cards), private foundation, founded in the 1960’s, major beneficiary is the Dutch Olympic Sports federation. There are no parts allocated to problem gambling.

Norway


There are two state monopolists: Norsk Tipping for sports betting and slot machines and Rikstoto for horse-race betting. There are no casinos in Norway. Table games and poker are prohibited. The only exception are a limited number of table games that can be offered on ferries (black jack, roulette and similar). The amount that can be wagered is limited to around 1500 NKK. Poker is prohib-ited also on ferries. Under the old legislation (until June 2007), charities were granted licences to run EGMs. Some of them ran the machines themselves while others mandated through private agreements private operators who were then in charge of running the machines.

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The legislation that entered into effect in January 2001 introduced the possibility for state monopolist Norsk Tipping and Rikstotto to offer their land-based games also online (sports betting, lotteries). However, this means that the internet can only be used as an ad-ditional distribution channel, but not for actual. By contrast, no interactive gaming can be offered. Games such as ‘extra’ (a number game), ‘keno’ , and cards for the national lottery can be accessed online. Scratch card plays are banned online.


An act entering in effect in January 2011 introduced 18 years as general minimum age for all forms of gambling. Lotteries: Prior to that act, there was no age limit for lotteries. EGM: as of 2003 the age limit has been 18 years. Prior to that date, there was no minimum age.Poker and tables games: they are banned, hence there is no age limit by law.


As online gambling is generally prohibited, there is no minimum age. However, for those forms of gambling that are allowed the age limits of the land-based form of gambling apply. This also means that the requirement for lotteries regarding 18 years minimum age only entered into effect in January 2011. Poker, table games and gaming machines are banned in their online form, hence no minimum age applies.


The operators must be licensed to be able to advertise. The advertising restrictions for licensed operators (monopolists) are regulated in general guidelines (government act), especially as regards content, target public (no children), and no aggressive advertising.

Restrictions to advertisement (online form): Cf. comments relating to land-based gambling. As online gambling in the strict sense is prohibited, the advertisement of such games is also prohibited.

Age of market (land-based form): Sports betting was introduced in 1994, lottery in 1986 and mechanical gaming machines in 1939.


The gambling legislation does not specify which types of games might be provided online or which might not be provided online. Only the games provided by Norsk Tipping are today legally offered to players in Norway. According to the website of Norsk Tipping, their games are available online such as Lotto, Tipping, Oddsen, Keno, Vikinglotto, Joker and Extra.

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The gambling providers are the State monopoly Norsk tipping or as it used to be, too, organisations or associations with a socially beneficial or humanitarian purpose. The State did not take portion of the earnings of these private organisations or associations but it has taken a portion of the earnings of the State company Norsk Tipping AS.As of January 1999, there has been money provided by the Ministry of health for treatment. As of January 2003, the regulation demands that 0.5% of the gambling net revenues (around 12 million NKK) go into research and public education. Researchers can apply to this fund and the Ministry can also itself mandate research.

Poland


From 10 December 1992 to 31 December 2009 gambling was regulated by Act of 19 July 1992 on games and betting (later titled “on games of chance and betting”). That act was replaced on 1 January 2010 by Act of 19 November 2009 on gambling. Lotteries: there are two kinds of lotteries: (i) raffles and (ii) money lotteries. Pokes: Following the gambling act of 2009, poker can only be played in the form of sports tournaments (in casinos), involving at least 10 players. Already prior to the new act, poker - as other table games - could only be played in casinos


No online games could and can be legally offered in Poland. There have been no licenses available for such offers. An amendment to the Gambling Law has been notified to the European Commission that will allow for online betting on the basis of open licensing system. It is hard to predict however whether and when this amendment will be enacted.


Since currently any form of online gambling is prohibited in Poland, participation in them is punished with fines. In fact, the fines are higher if the individual plays with a foreign (illegal) operator than with a Polish (illegal) operator.


As of 1 January 2010 it is allowed for underage persons to participate (only) in promotional lotteries and raffles/tombola. The minimum age for all legal forms of gambling (land-based) has been 18 during the whole period of time 1997-2010.


There is no minimum age or online gambling as it is currently prohibited in Poland.

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There was an amendment of the law in 6/2003 but it did not affect the categorisation ‘prohibition’ of advertising. By contrast, lot-tery services, which are provided by the State monopolist, are not subject to restrictions. Sports Betting: advertisement allowed only inside betting shops.


Sports Betting: the draft law foresees that the sole possibility to advertise are advertisements presented on the websites which are licensed to collect bets.


The act on horse racing exclusively is from 1950. The act on betting is from 1976


Gambling providers’ earnings are subject to tax on games. The relevant portion from the gambling revenues is foreseen by a taxation act from 1976.As of 1 January 2010 the Fund for Solving Gambling Problems was established. It receives 3% of special payments that are made by State-owned gambling operators. The portion of earnings of private operators is not allocated to these purposes.

Portugal


In Portugal games of chance and gambling are prohibited in principle. Nevertheless, the State has reserved the right to authorise, in accordance with the system it deems the most appropriate, the operation of one or more games, directly or through a body under its control, or to grant the right to operate games to private entities, whether non-profit-making or not, by calls for tender. The Portu-guese legislation distinguishes between three categories of games of chance and gambling, namely: (i) casino games (where Poker and Table Games are included), (ii) lotteries and mutual bets (where Sports Betting and Lottery are included) and (iii) related activities (where we can include electronic gaming machines). Regarding the licensing of machines, the D.L. nº 310/2002, de 18 de Dezembro, regulates the juridical regime of the licensing of the exercise and of the inspection, namely, of the activity of exploration of automatic machines, mechanics, electric and electronic of amusement. The licensing of the exercise of such activities depends on municipal licensing.

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In Portugal, online gambling (except electronic social games) is forbidden, if not authorised or provided by Santa Casa. According to Decree-Law No. 282/2003, of 8 November 2003, Santa Casa da Misericórdia is the only entity authorised to offer gaming services through the internet and has powers to apply fines to punish illegal operators, entities that advertise unauthorised operators and players who bet on illegal online games. Specifically concerning social games, the Portuguese State authorised Santa Casa to distrib-ute its products electronically.


If the games are not played in a legal gaming area such as a legal casino, there is a prohibition to play these games and there are threats of fines and imprisonment. Individuals/players are subjected to fines or imprisonment if they play with unlicensed operators.


In principle, online betting and gaming businesses are not allowed and are considered an offence subject to penalties, if not author-ised by the Portuguese legal authorities. According to Portuguese law, since November 2003, Santa Casa da Misericórdia is the only entity authorised to offer gaming services through the internet and has powers to apply fines to players who bet on illegal online games. There can be fines for individuals for playing with ANY ‘non-Portugal-licensed’ operator. These sanctions for online violations were already in place from 1/1997.


The minimum age to enter casinos, which are the only entities authorised to offer land-based games such as table games and poker, is 18. Minimum age to play Santa Casa games is 18.


A minimum age limit only applies to the authorised online games provided by Santa Casa. To play the Santa Casa games, the mini-mum age is 18.


According to the Portuguese Advertisement Code of 23rd October 1990, only social games provided by Santa Casa (such as sports betting and lottery) may be advertised.


Cf. answers above. Please see the answer given to the previous question. The monopolist operator - Santa Casa da Misericordia de Lisboa - may advertise freely its online games (sports betting and lotteries). No specific regulation regarding advertisement of online offers. Hence, the general rules on advertising (land-based and online) games apply.

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Sportsbetting: Decree no 43777 of 3 July 1961Lotteries: Decree no 43399 of 15 December 1960 Poker: Decree no 42828 of 6 February 1960 Table Games: Decree no 42828 of 6 February 1960 EGM: Decree no 42828 of 6 February 1960


According to the Decree-Law nº 282/2003, of 8 November, which disciplined the electronic operation of social games, namely lotter-ies and mutual bets, this operation is carried out since 2003 exclusively by Santa Casa, for the entire national territory which includes the radio electric spectrum, the analogue and digital terrestrial broadcast spectrum and the Internet, as well as any other public telecommunications networks.

Revenues / Ear-marked for problem gambling / Specific purposes / Money otherwise providedA portion from the Santa Casa earnings with the social games (such as lottery and sports bets) is shared with the following govern-mental entities: State (2,8%); Ministry of Internal Administration (3,8%); Presidency of the Council of Ministers (9,9%); Ministry of Labour and Solidarity (34,8%); Ministry of Education (1,5%); Ministry of Culture (2,2%); Madeira Institute of Sports (0.2%); Azores Regional Sports Fund (0,2%) and Santa Casa da Misericórdia de Lisboa (28%). In what concerns casino games (such as poker, table games and slot machines) once they only can be operated by companies which have the respective grants conferred by the State by administrative contract, these companies have to pay a special gambling tax to the Portuguese State.

Romania


Sports betting: this type of game is divided into pari-mutuel betting and fixed-odds betting. Fixed-odds betting has been under an open licensing system from 01/1997 to 03/2010. Pari-mutuel betting has been under a public monopoly from 01/1997 to 03/2010.


Online gambling was not regulated under Romanian law from 01/1997 to 06/2009. In practice, it was impossible to obtain a licence to offer online gambling. Since 06/2009 online gambling has been expressly prohibitted. The situation was not substantially differ-ent prior to 07/2009. In fact, between 01/1997 and 03/2010 the effects were the same: no authorisation for online gambling could be obtained (due to either lack of procedure, between 01/1997 and 06/2009, or an express prohibition, between 07/2009 and 03/2010). Since 7/2009, online types of games (by mobile phone or land lines, by internet or intranet or by radio) were expressly prohibited (punished as crimes) until 12/2010. By radio it still is. The Government decision no 251, 1 April 1999 holds that the State holds the exclusive right for these forms of gambling. Hence, a company could only offer gambling online legally if it received a

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licence from the government. However, the actual licensing procedure was never put in place, as a consequence, it was not possible to get such license. The act of 7/2009 then expressly prohibited online gambling. Prior to Government Decision no 251 of 1 April 1999 there was a different act in place, Government Decision 130 of 18 April 1997 for the approval of the Frame-Regulation con-cerning the authorisation, organisation and exploitation of games of chance, as well as for updating the licence fees (Official Gazette 70/18 April 1997). Prior to that act, the relevant act was Government Decision 181/1992 concerning the definitions of games of chance and provision of offenses to the gambling practice regime in Romania (Official Gazette 162/1992).


Since online gambling is expressly prohibited, a minimum age to play such games is not regulated by Romanian law.


On 26 June 2009, the Government Emergency Ordinance 77 (the GEO) entered in effect on the date of its publishing in the Official Gazette of Romania (Art. 31(1) of the GEO). It expressly prohibited advertising for banned games. Prior to 26 June 2009, Romania’s legal framework on gambling did not provide any specific restrictions on advertising for online gambling. Since 26 June 2009, such activities were expressly forbidden. Advertising for online offers provided by foreign operators may have been legal prior to 2009 act (in any, case, this form of advertising was not at all prosecuted).


Lottery: The evolution of this market is uncertain during the communism period because some relevant legislative acts were not pub-lished in the official gazette, and thus, they are not publicly available. However, it is widely known that the State Lottery was estab-lished in 1906 and organised lotteries together with cultural institutions. The State Lottery stopped providing lottery games in 1952, when it was taken-over by Casa de Economii si Consemnatiuni that was to organise operations of winning deposits. The subsequent relevant legislative acts were not published in the official gazette so that it is difficult to identify precisely the time when the organisa-tion of lottery games was resumed further to the amendment of the legislative framework.

As for lottery during the communist time, apparently even before 1990 a lottery offer was available in Romania and it ran in parallel with winning deposits. According to some press releases, the lottery offer was resumed in 1954 after it had been ceased in 1952 (by the Decree no. 475/1952). Moreover, there are legislative acts dated 1970, which are referring to the State Administration for Loto-Pronosport.

EGM: these games have been legally offered since 1992 based on Government Decision 486/1992.


There was only a so-called social stamp due to the National Solidarity Fund, its purpose was to lower the poverty level of families going through extreme difficulties.

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The funds collected pursuant to the social stamp, by law are allocated for: • completion to state allowances for minors (state aid for families with minors)• solidarity allowances granted to some categories of persons in addition to the above• micro-crediting for personal business entrereneurs in the scope of self-soustaining• maintainance expenses for social assistance institutions• other prestations of social services granted by social protection legislation• expenses for the administration of the National Solidarity Fund

To participants’ knowledge, there were no funds directed for private or public institutions dealing with problem gambling.

Slovakia


Act no. 194/1990 Coll, lottery act, regulated the gaming environment in Slovakia until the new act was enacted, act no. 171/2005 Coll on gambling games. According to both acts, all games fall under an open licensing system, except games via the internet. In relation to the latter, a state-owned company has a monopoly.


Any online gambling, i.e., ‘gambling games via internet’ according to the Gambling Act, is prohibited except for the games provided by the national lottery company.


Only those gambling games can be advertised that are subject to the license issued according to the Gambling Act.


Only those gambling games can be advertised that are subject to the license issued according to the Gambling Act; i.e., for online games only gambling games by the national lottery company (if the license covers such games).


The Gambling Act (no. 171/2005 Coll) introduced gambling via the internet, but there is only one operator which is entitled to ob-tain a license: the national lottery company.


There are specific taxes and levies.The law has not directly required any part to be allocated to problem gambling.

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Spain


Under Spanish law the powers for regulating and adopting enforcement actions in the field of gambling are distributed between the federal authorities and the regional authorities. Hence, the regional authorities are empowered to regulate and monitor any gam-bling activity that takes place exclusively within their respective territories (basically, land-based operator such as casinos, bingos, etc.) while the federal authorities are empowered to regulate and monitor any gambling activity which effects go beyond the territory of a single region.

Sports betting: Regional Governments (17) have enacted different regulations including, in some cases, electronic games. Some Spanish autonomous regions (Madrid Community and the Basque Country) have recently (2006) passed regulations on Sports Bet-ting.

Poker, table games, EGM: License given by Regional Governments and these games are only authorised inside casinos.

Kind of licensing system (online form): The autonomous regions of Madrid and Basque country could provide such licenses but no license has so far been granted.

Sports betting: The Madrid Regional Government enacted Decree 106/2006 allowing electronic bets under a system of open licens-es. However, no licence has been granted until spring 2011.

Lottery and betting: An act was passed at national level in 2008 which expressly provides that the national monopolist, Loterias y Apuestas del Estado (LAE), could provide online lotteries and betting, however, it has so far not exercised this right. It is not fully clear whether by law this right would have existed already prior to 2008.


Prohibition and criminal sanctions apply only if players gamble outside the licensed areas or in violation of the public monopoly.


Online gambling has not yet been regulated in Spain, hence there are no legal provisions that punish such participation. There are various norms which may be interpreted as prohibitions of organising online games in Spain, however, extensive interpretations are not allowed with respect to criminal penalties. Hence, the fact of participating in an online game is not punishable in any way.


Current territorial provisions establish 18 years as minimum age to participate in games of chance and all state regulations and au-tonomous/regional regulations establish the same legal age. In addition, the general legal age (age of consent) in Spain is also set at 18 years.

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Regional level: Casino, table games and electronic machines: Overall, the 17 different regional regulations foresee that there can be no advertise-ment on TV. Advertisement is allowed inter alia in the press and on radio, but only if it has informative and not inciting character.

Public monopoly of LAE (and ONCE, a non-profit corporate organisation focusing on improving quality of life of people with blind-ness or severe visual impairment): There have been no restrictions foreseen by law. The public monopolies in place in the autonomous regions relating to lottery services have similar restrictions as regards operators of table games, poker and EGMs.


The same restrictions (i.e. no restrictions in the case of the national monopolist) would apply if licences were given to operate online games. Since no such licence has been granted so far, any advertisement for online gambling is sees as a form of advertisement for ‘unlicensed’ gambling and thus illegal. Nonetheless, a great number of online gambling operators have been advertising their platforms for years, without facing major enforcement actions. As a matter of fact and regardless of the general prohibition applying to this type of advertising, the Spanish authorities have tolerated such advertising activities. A great tolerance has been given from the Spanish authorities at this respect, so the inclusion in the Spanish media of advertisements relating to online gambling operators has become very common. In the same sense, sponsorship -particularly of sport professional clubs- by online gambling operators has also become very usual.


The national monopolist for sports betting and lottery exists for more than 50 years. It started soon after the end of the civil war, in the early 1940’s. Casinos opened right after the democratisation of Spain, between 1977 and 1982, with some regions opening earlier than others. Hence, poker, table games and EGMs have been in place since then.


Revenues / Ear-marked for problem gambling / Specific purposes / Money otherwise providedState has taken a portion since the beginning of LAE. There is no known public entity that would actively address these issues. There can be possibly a hotline but not much more.

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Switzerland


Lottery: large lotteries (sales above CHF 100‘000) run in a closed licensing system, i.e., only the two state controlled providers (’Swiss-los’ and ’Lotérie Romande’) receive licenses; small lotteries (sales under CHF 100’000) are not limited by law, however, there is a de facto limitation of the number (which falls in the powers of the cantons (states)). Poker: from 12/2007 to 03/2010, poker in the tournament form of ’Texas hold’em’ was seen as a game of skill and therefore opera-tors were allowed to offer it without the requirement of a special authorisation; the control over these activities fell within the pow-ers of the cantons (states). However, following the decision of the Swiss Supreme Court of 20 May 2010, (all forms of) poker can (again) only be offered in casinos (closed licensing system). Table games and EGMs: since 4/2000, they can only be offered in licensed casinos (’Konzessionen’), according to the Federal Law on Games of Chance and Casinos.


Online gambling is prohibited according to Article 5 of the Federal Law on Games of Chance and Casinos. In 2009, the federal gov-ernment suggested the federal parliament to amend Article 5 in that the government may also distribute online licenses for casinos (closed licensing system). In relation to lotteries and bets, it should be assessed whether and in which form online games could be allowed. The relevant provision is currently under review and will subsequently need to be approved by the federal parliament.


In modern times, it has never been a criminal act for the individual to play games of chance. By contrast, unlicensed operators have been prosecuted and punished.


In modern times, it has never been a criminal act for the individual to play games of chance. By contrast, unlicensed operators have been prosecuted and punished.


The lotteries themselves have introduced a minimum age (16 years), with the exception of the game ‚Tactilo’ (a VLT game) where the minimum age is 18 years. In Switzerland, the general legal age, which also brings the capacity to enter contractual obligations, is 18 years. During the time when poker in the tournament form of Texas hold’em did not require a special authorisation (12/2007 - 03/2010), it was up to the cantons (states) to define an age limit which was practised in very different ways. Casinos can only be accessed at the age of 18.

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Since online games are prohibited, there is no minimum age.


Poker in the tournament form Texas hold’em: No specific Restrictions from 12/2007 to 03/2010. For casinos, advertising has been regulated since 04/2000 under Article 33 of the Federal Law on Games of Chance and Casinos. Lotteries: the cantons (states) have regulated advertising in a joint legal act, the ’Konkordat’ of 7 January 2005, cf. the latter’s Article 19.Casinos: Article 33 of the Federal Law provides: “A casino may not use noisy or flashy advertising.” The relevant government bill notes in relation to this provision: ”In spite of the problem to define the bounderies, the law prohibits the noisy or flashy advertising of commercial offers of games of chance. Admissible forms arguebly include advertisements that invite to visit casinos, promising good entertainment in nice atmosphere. Noisy and flashy on the other hand would be advertisement that promises opportunities to win in a noisy manner without at the same time contrasting this with the risks of losses. A total advertising ban would set Swiss casi-nos at a disadvantage compared to nearby foreign casinos. On the other hand, permitting noisy and flashy advertising would not be in line with the general goal of the Law to prevent socially detrimental consequences of gambling. Finally, the casinos – as any other companies - are subject to the Federal Law on Unfair Competition. The requirements of Article 33 are also aimed at foreign opera-tors and organisers of commercial gambling. By contrast, a general advertising ban applies to foreign lottery undertaking (Article 4 of the Federal Law of June 1923 on Lotteries and Commercial Bets).” [Own translation of the authors, based on the information from the participant(s).] Lotteries and bets: cf. Article 19 of the ’Konkordat’: Noisy and flashy advertising are prohibited. The organiser must be clearly stated in the advertisement.


Cf. special case of poker outside of casino venues: poker in the tournament form of Texas hold’em has been offered for 2 years outside casinos.


Lottery ’Konkordat’, Article 18: The lottery and bet companies pay 0,5% of their gross revenues to the cantons. The cantonal author-ities are obliged to use those proceeds for the prevention and the fight against gambling addiction. Casinos: The gross revenues of the casinos was taxed at 52% in average in 2009. By law, up to 80% would be allowed. The pro-ceeds from casinos with an A licence go into the national retirement and invalidity insurance; the proceeds from casinos with a B licence go into the national retirement and invalidity insurance (60%) and to the cantons (40%). Additionally, casinos are subject to the normal company tax regime.The age of the state revenues from gambling have been: Casinos: 10 years; lotteries and bets: more than 50 years (since 1923). The law has required part of the gambling revenues to be allocated to problem gabmling in relation to lotteries and bets (0,5%), but not in relation to the games falling under federal powers (casino games).

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United Kingdom


The UK National Lottery is effectively a private monopoly (i.e., ‘closed licensing system’). The private operator ‘Camelot’ has run the lottery since its inception in 1994. Smaller charitable lotteries (‘society lotteries’, with ticket and prize limits) have however also been licensed. But by far the majority of tickets are sold for the National Lottery. Real money table games and poker may only be provided in casinos. Casinos can also run EGMs with higher stakes. Poker can addi-tionally be played outside casinos, in private member clubs or as social tournaments in any place that holds an alcohol licence (stakes very low and no participation fee), but neither of these forms can be run commercially.Regarding the 2005 Gambling Act: prior to the Act, there was a licensing system in place which did not prescribe absolute limits in terms of numbers of licences, but licences were only available in certain permitted areas and then only if the applicant could show unstimulated, unmet demand for the gaming proposed. In practice this could prove difficult, especially as existing operators invari-ably objected on the basis of lack of demand. With the 2005 Act this system changed. Existing licences remained, with new licenses strictly limited in number. But in any case, there used to be already around 150 casinos with some additional casinos opening after 2007. They are run by 5 to 6 commercial groups.


Cf. comments above regarding the National Lottery. Moreover: Prior to the 2005 Act, coming into force in 2007, society lotteries were not permitted to sell tickets online. In 1997, the National Lottery also could not sell online, other than to the extent that tickets were purchased via terminals in kiosks (over the coun-ter). This changed shortly before the 2005 Act came into force, approximately in 2004, but certainly was not possible in 1997.


A lower age (16) applies to pool (pari mutuel) betting on football only. Also, the lowest category of gaming machines (outside casi-nos) may be played by 16+ but the majority of machine categories are 18+, and the relevance of the 16+ machines is minor.


Age limit of 16 years for online football pools, cf. comments above.


The UK regulatory situation does not match well the provided categories here. Prior to September 2007, there were very extensive advertising restrictions, but no absolute prohibition of gambling advertising in the strictest sense (except in relation to overseas bet-ting and unlicensed gambling). Post-September 2007, advertising of gambling licensed in the UK or in an EU or EEA EFTA country (or a white listed country) has been significantly easier. However, there are certain specific provisions in the general advertising codes, as to content, message etc. They related to social responsibility principles. The general view is that the Gambling Act 2005, which came into force in September 2007 has de-restricted gambling advertising, albeit with some appropriate advertising regulation to support

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the licensing objectives of not exploiting children and vulnerable persons. Regarding poker and table games, an anomaly existed: Prior to September 2007, it was possible to advertise in the UK ‘gaming’ (poker, tables games, EGMs; but not betting or lotteries) which took place overseas. Once the 2005 Act came into force, gaming be-came subject to the same regime as other gambling sectors, which in effect means very few restrictions (provided the gambling takes place in the UK, EU or EEA EFTA or a white listed country). The closest notion to describe the pre-2007 situation for poker, table games and EGMs is prohibition as only to some extent the address and the name of the casino could be mentioned. Advertising for betting and lotteries was slightly more relaxed and incrementally got relaxed over time.


There used to be separate acts to regulate the restrictions on advertisement and the restrictions of the land-based form would often apply to the online form, with exceptions. Different restrictions applied to online sports betting advertising pre-2007, but no prohibi-tion, other than on advertising by offshore operators. Conversely, as an anomaly, advertising of non-UK online gaming (poker, slots and table games) was essentially unrestricted other than a prohibition against subscribing money (interpreted as a restriction on advertising deposit-matching bonuses etc.). Pre-2007, online gaming was not licensable in the UK. Post Sept 2007, such activity is licensable and advertising is permitted albeit subject to the standard gambling advertising regulations discussed above (social respon-sibility principles). Overseas online gaming may be advertising in the same way, provided it is subject to the laws of an EU or EEA EFTA state or a white listed country.


There have been numerous statutes over the last 300 years variously prohibiting and regulating (restrictively) the various forms of gambling. The current legislation dates back to 2007. Prior to that date, the majority of legislation legalising gambling dated back to the 1960’s and permitted gaming, betting and lotteries in very restrictive regimes. Immediately prior to those acts, most gambling was prohibited, but still existed, and there are numerous examples of certain forms of gambling being legal for periods of history. So, whilst in modern times casinos and betting etc. have only been legally offered since the 1960’s, they had in fact previously existed in legal forms, albeit sporadically. The National Lottery was established in 1993, but other lotteries had existed for centuries prior to that.


For online gaming (poker, table games, slots) the correct answer is 1-3 years, as the market was opened (i.e. for UK licenses) in Sep-tember 2007.


There are at present a variety of duties payable by gambling operators, depending on the type of gambling, including gaming duty (land-based casinos and poker), remote gaming duty, general betting duty, pool betting duty, bingo duty, lottery duty, amusement machine licence duty etc. To date, problem gambling institutions have relied on voluntary contributions. With the 2005 Gambling Act, the Responsible Gambling Fund (‘RGF’) was founded and receives voluntary contributions from the industry. Prior to that date, certain charitable organisations like Gamecare already provided services.

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Reference Geographical area covered

Year of data collec-tion

Sample size: com-pleters

Instrument 1

Instr. 1 Past-year Level 2 (prob-lem) Prevalence Rates

Inst. 1 Past-year Level 3 (path) Prevalence Rate

Inst. 1 Lifetime Level 2 (prob-lem) Prevalence Rate

Inst. 1 Life-time Level 3 (path) Preva-lence Rate

Austria Kalke et al. (2011). National 2009-2011 6300 DSM-IV 0.40 0.70 - -

Belgium Druine et al. (2006); as described in Meyer et al. (2009)

National - 3002 DSM-IV 1.60 0.40 - -

Denmark Bonke & Borregaard, 2009

National 2005 8153 NODS 0.30 0.10 0.40 0.30

Estonia Laansoo (2006); as described in Meyer et al. (2009)

National 2004 986 SOGS - - 2.60 2.40

Estonia Laansoo (2008); as described in Meyer et al. (2009)

National 2006 2005 SOGS - - 3.10 3.40

Finland Ilkas & Turja (2003) National - 5013 SOGS - - 3.40 1.50

Finland Aho & Turja (2007) National 2007 5008 SOGS-R 2.10 1.00 3.60 1.60

France Beck et al (2011) National 2010 25986 PGSI 0.90 0.40 - -

Germany Buth & Stover (2008). National 2006 7980 DSM-IV 0.64 0.56 - -

Germany Bühringer et al. (2007) National 2006 7817 DSM-IV 0.29 0.20 - -

Germany Federal Center for Health Education. (2008).

National 2007 10001 SOGS 0.41 0.19 - -

Hungary Kun et al (2011) National 2007 2710 SOGS - - 1.90 1.40

Iceland Ólason et al (2008) National 2007 3009 PGSI 1.30 0.30 - -

Iceland Ólason et al (2005) National 2005 3358 PGSI 1.10 0.50 - -

Iceland IMG- Gallup (2000) National 2000 1500 NODS - - 0.7 0.6

Italy Barbaranelli (2010) National 2008 2000 SOGS & PGSI

- 1.27 - -

Italy IPSAD-ESPAD National Oct 2007-Feb 2008

10940 CPGI 2.20 0.60 - -

Netherlands De Bruin et al (2006) National - 5575 SOGS 0.59 0.31 1.50 1.02

General Population Estimates: Instrument 1

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National Prevalence Studies on Pathological GamblingResearch on the prevalence studies was performed by Dr Heather Gray.

Reference Geographical area covered

Year of data collec-tion


Instrument 1





Norway Oren et al (2009) National 2008 3436 NODS 0.60 0.20 - -

Norway Bakken et al (2009) National Jan-March 2007

3483 NODS 0.40 0.30 1.10 0.60

Norway Gotestam & Johansson (2003)

National 1997 2014 DSM-IV 0.45 0.15 - -

Norway Lund & Nordlund (2003) National 2002 5235 SOGS 0.40 0.20 0.70 0.30

Slovenia Macur & Besednjak (2009)

National 2008 10,001 SOGS - - 1.45 0.46

Sweden Rönnberg et al (1999) National 1997-1998 7139 SOGS-R 1.40 0.60 2.70 1.20

Switzerland Bondolfi et al (2000) National 1998 2526 SOGS 2.20 0.80 - -

Switzerland Bondolfi et al (2008) National 2005 2803 SOGS 0.80 0.50 2.20 1.10

Switzerland Brodbeck et al (2009) National 2006-2007 6385 NODS 0.10 0.02 0.50 0.30

the United Kingdom

Wardle et al (2010) National 2009-2010 7753 PGSI 1.90 0.70 - -

the United Kingdom

Wardle et al (2007) National 2006-2007 9003 PGSI 1.40 0.50 - -

the United Kingdom

Sproston et al (2000) National 1999-2000 7680 SOGS 1.30 0.80 - -

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Reference Geographical areacovered

Year of data colec-tion


Instrument 2





Iceland Ólason et al (2005) National 2005 3358 DIGS 1.1 0.6

Norway Lund & Nordlund (2003) National 2002 5235 NODS 0.40 0.30 0.80 0.60

Sweden Rönnberg et al (1999) National 1997-1998 7139 DSM-IV 0.6 0.3

the United Kingdom

Wardle et al (2010) National 2009-2010 7753 0.5 0.4

the United Kingdom

Wardle et al (2007) National 2006-2007 9003 DSM-IV 0.3 0.3

the United Kingdom

Sproston et al (2000) National 1999-2000 7680 DSM-IV 0.4 0.2

General Population Estimates: Instrument 2

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report on regulating gambling in europe national approaches to gambling regulation and prevalence...

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