Table of Contents:
These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.
The Court of Justice of the European Union has also established ground rules for commercial communications on gambling services and, in particular, for those provided under monopoly conditions. Advertising by the holder of a public monopoly is to be measured and strictly limited to what is necessary in order to channel consumers towards. Odds: Gambling, Law, and Strategy in the European Union. The gambling industry in the EU is governed by the European Gaming and Betting Association (EGBA). The association was set in 2007 to execute various mandates, including the creation of a fair, regulated, and competitive environment for the lottery industry.
Internal market >Single market for services
In 2008, gambling revenues reached EUR 75.9 billion. Online gambling is the fastest-growing gaming sector. This growth, and that of the Internet, makes monitoring these cross-border services difficult. National legal frameworks vary enormously from one EU country to another, imposing different rules for licensing, related online services, payments, public interest objectives, and the fight against fraud. The Commission therefore decided to launch a consultation to identify common practices which would facilitate the provision of cross-border services. The aim is to achieve a regulated internal market for online gambling.
European Commission Green Paper of 24 March 2011, on on-line gambling in the Internal Market [COM(2011) 128 final – Not published in the Official Journal].
This Green Paper aims to launch a debate on the development of online gambling in the European Union (EU). There are currently two national models applied in this sector, namely:
However, the development of extensive illegal or “black” online markets (markets consisting of unlicensed operators) or “grey” markets poses a number of challenges. It is for this reason that the European Commission wishes to consult the various stakeholders in order to better frame the development of such activities at cooperative or cross-border levels.
Definition and current legislation
Gambling falls under Article 56 of the Treaty on the Functioning of the EU (TFEU) and is governed by service provision rules. The terms covers a wide range of service activities which individuals can access directly by electronic means, such as:
The Internet and other technological platforms (i.e. mobile telephones) are used in online gaming:
Communication techniques used by providers of online gaming services for promotion and supply
The main communication techniques used to promote online services are:
Payment services and pay-outs
Generally, operators require customers to deposit funds on player accounts before playing by using:
Customer identification
Customer identification is necessary for the protection of minors, the prevention of money laundering and fraud, and “know-your-customer” controls. However, the absence of mutual recognition of identification services across the EU raises difficulties.
Public interest objectives
The Commission identifies three public interest objectives which may be valid for Member States in defining their national online gambling policies:
Payment blocking and liability regimes
Member States have a wide range of practices to manage the licensing, regulation and monitoring of online gaming. Through this Green Paper, the Commission wishes to analyse the actual role of regulatory bodies in the Member States.
Gambling authorities could cooperate with national and European stakeholders. The Commission wishes to strengthen this type of cooperation.
In some Member States, there are blocking schemes to limit illicit and cross-border online gambling services by:
The Commission intends to develop tools to foster this type of procedure at cross-border level, as well as other practices.
The FINANCIAL -- The virtual world has a very big influence on many different things. Gambling is no exception. Big profit can be made from playing games like online gambling. Online gambling can be way cheaper and practical in most cases. It can also provide a bigger variety of games and opportunities. Online gambling regulation in EU countries is characterised by diverse regulatory frameworks.
Online gambling has become very popular and is now preferred by many people around the globe. Almost everyone who likes to gamble is now shifting towards playing gambling games like slots, poker, lotteries, and betting over the internet through their mobile phones and laptops. However, gambling is by some viewed as a bad thing, so it is not legal in all countries. But it is legal in countries like the United Kingdom, Spain, Italy, France, Sweden, Denmark, and in some states in the United States like Pennsylvania and New Jersey. Many other countries are in the stage of initiating online casinos and legalizing online gambling. But there are some countries and states where online gambling is banned. They see gambling as a harmful activity and a moral hazard because of the possibility of money laundering, addiction, and underaged players. But there are also places where gambling is seen as a normal and mostly a harmless activity, Euro Weekly News wrote.
Most EU countries allow at least some games of chance to be offered on the internet. Some countries allow all games, while others only allow certain types such as betting, poker or casino games. In some European jurisdictions, monopolistic regimes offering online gambling services have been established. These are run by a state-controlled public operator or by a private operator on the basis of an exclusive right. However, a growing number of EU countries have established licensing systems that allow more than 1 operator to offer services on the market. Under EU law, no particular system is favoured over the others.
Online gambling regulation in EU countries is characterised by diverse regulatory frameworks. In a number of judgments, the Court of Justice of the European Union (CJEU) has ruled on the compliance of national regulatory frameworks with EU law. All national regulatory systems must respect EU law. In a series of judgments, the CJEU has provided general guidance on the interpretation of the fundamental freedoms of the Internal Market in the area of online gambling so that national courts can assess the circumstances under which restrictive national gambling laws are justified on grounds related to the general interest.
While EU countries usually offer legitimate reasons for the restriction of cross-border gambling services, they must nonetheless demonstrate the suitability, proportionality and necessity of the measure in question, in particular the existence of a problem linked to the public interest objective at stake and the consistency of the regulatory system. EU countries must also demonstrate that the public interest objectives they have chosen are being pursued in a consistent and systematic manner, and they must not undertake, facilitate, or tolerate measures that would run counter to the achievement of these objectives according to the European Commission.
Online gambling drastically changed the gambling industry. It offers a couple of conveniences that wouldn’t be provided by offline gambling. That is one of the main reasons why the online platform in this industry is growing exponentially in the users. We should also mention that offline gambling also has some advantages such as meeting other users and connecting with them socially. It all comes down to personal choice and preferences.