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Gaming in the EU: Legal Advances

22 January 2015, 23:41 CET

Gambling laws and regulations vary massively across jurisdictions. While almost all countries, from the USA and Australia to Israel and China, allow their citizens to enjoy some form of gambling, these differing laws and regulations can be a headache for consumers and business operators alike. In Europe, though, there are some moves towards consistency. The EU, due to its emphasis on free trade across national borders and aversion to monopolies, has been a driving force in liberalising gambling laws in many European nations.

Some highlights of changes in recent years include the following developments.

In Ireland, lotteries and sports betting are currently legal, as are some very limited forms of gaming. In 2006 a Casino Regulation Committee was established in order to inform policy on the introduction of casinos in Ireland.

In the United Kingdom, sports betting, lotteries and casinos are legal, with the Gambling Act of 2005 allowing large 'super-casinos'.

Photo © Yanchenko - FotoliaWhile gambling was legal in France for many years, as the country has a long history with gambling, it was only in 2010 that remote or online gambling was legalised. Online sports betting, horse racing and poker games are currently legal, with other casino games are still unlicensed.

As in France, Italian online gambling laws were liberalised after EU investigation of uncompetitive practices. An updated law instituted in 2010 allows companies to offer online gambling in Italy under a license.

In 2008, Germany sought to ban all online gambling and online betting, except for horse racing. Just two years later, the European Court of Justice made it clear that this was not acceptable. However, only one German state has so far liberalised its laws, though the others will likely soon follow.

In 2014, Portugal's parliament passed a bill that licensed many forms of online gambling. The Portuguese can now join the thousands of people who enjoy casino games on sites like Casino Tropez.

The 2009 Gambling Act in Belgium allowed gambling of all types in Belgium, with one catch. In order to provide gambling services to Belgian residents, a company must apply for and receive a land-based licence There are no online-only licenses available. Under the 2009 act, there are only a limited number of licenses available, and there is fierce competition for these licenses.

The 2011 Gambling Act in Poland was highly restrictive, allowing only very limited amounts of sportsbetting online. However, 2014 has seen some indications of moves to a more liberal system. Non-Polish banks and payment accounts can now be used by the gambling providers and their customers. Also, in 2013 the EU Commission started an infringement process against Poland for its undue restrictions on online gambling. It is likely that, as was the case with Germany, Italy, and other countries, Poland will soon be a more friendly nation for online gambling.

Austria has legal gambling across the industry with 'large gambling' for wagers over 50 cents only allowed in casinos, whereas 'small gambling' can happen anywhere. Online gambling does have some restrictions. While Australian consumers can legally use sites located anywhere in the world, online casinos that are based in Austria can accept only Austrian customers.

In Greece, gambling is legal inside casinos, but online gambling is strictly regulated, with all electronic games banned outright in 2002. In 2011 a new act made provision for online gambling to occur, but no actual implementation has taken place. However, an EU ruling means that the Greek government will have to allow for online gambling sooner rather than later.

Overall, the EU shows a pattern of moves towards the legalisation of gambling, both on and offline, although some countries move faster than others.

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