In Schleswig-Holstein, a call for tenders has already taken place in 2022. In review: licensing and taxation of gambling activities in Germany The German Criminal Code penalises the operation and advertising of unauthorised games of chance, i.e. The licensing process started on 1 January 2020 for retail and online sports betting. Further, one authority has now been appointed by all states to act with central responsibility for the online sector. Games that do not fall under the Interstate Treaty's definition of a game of chance and, consequently, are not subject to specific gambling regulation (but that are still likely to be subject to other rules and regulations aimed at ensuring consumer protection), depending on the element of a game of chance they lack, are commonly referred to as either skill games (no predominant element of chance) or free-to-play games (no consideration paid to participate, such as free prize draws). bookmakers operating on racecourses may not accept stakes of less than EUR 15 and regarding online horse race betting, a monthly deposit limit of EUR 1,000 needs to be adhered to. Our list below contains some of the best online casinos, sportsbooks, poker rooms, and other gambling sites that accept German players. Brands will require a local license to operate. In terms of the application requirements, the licensing proceedings under the Interstate Treaty, including sports betting and virtual slot machines, generally follow the requirements set out at question 2.3 below. Although already having been generally legal under the former regulation, with the new Interstate Treaty on Gambling (GlStV) providers of sports betting can now apply for a broader spectrum of online sports betting licences: The GlStV now expressly permits betting on single events during a game or a combination of such events. As per sec. Easily accessible information about self-exclusion via OASIS, and the possibility of taking gaming breaks, mandatory breaks during online gaming every hour and at least for five minutes when playing virtual slot games has to be provided by the operator. Sportsbetting-, virtual slots-, online poker- and online casino operators are also required to connect to the LUGAS-Database. Providers must apply for an organizers license and, in addition, approval of the individual games they offer. This could include, e.g. It is unclear when licences may be expected to be issued. The information and opinions within this website are for information purposes only. Lotteries in general are defined as games of chance that are directed at a majority of persons, involve a certain payment, a specific game plan and the chance to win money or other prizes of monetary value (the latter would be referred to as a draw in Germany). Upon opening of the website, the gambling operator must notify that the affiliates receives a remuneration in case the player registers. 762(1) 1 of the German Civil Code, gambling debts are not enforceable but are regarded as debts of honour. This also affects the number of online casino licences available in a particular state, provided that the state is prepared to grant such licences to private operators at all. It is a Treaty between the 16 German Federal States, as gambling regulation lies predominantly within the competency of the States, that came into force on 1st July 2021., Regulation on terrestrial slot machines is laid down in . A further exception applies due to sec. Licences for operating online casino games may become available as soon as states implement tendering procedures or local monopolies for these games. Section 3 (1) Sentences 1 and 2 GlStV 2021: A game is a game of chance if, in the context of such a game, a fee is charged in exchange for acquiring a chance of winning a prize, and if the decision on winning or losing depends entirely or predominantly on chance. These orders are usually on pain of a fine amounting to approximately EUR 250,000 per contravention. Prize competitions and draws: Games where, instead of money, prizes or advantages of moneys worth can be won, again, may or may not fall under specific gambling regulation, depending on how they are set up. German gambling regulation defines gambling as a "game of chance", and for an activity to be considered "a game of chance", it needs to contain the following three elements: Valuable consideration. Within the German federal system, gambling law is traditionally regulated at state level. 2427356 VAT 321572722, Registered address: 188 Fleet Street, London, EC4A 2AG, Enforcement of Judgments in Civil and Commercial Matters. Preventing gambling addiction and criminal acts, channelling players into the regulated market and away from the black markets as well as ensuring the integrity of sports are key objectives of the Interstate Treaty. Key requirements to ensure protection of minors and individuals susceptible to problem gambling are checking the players ID, age verification and matching them against the public player-barring database (referred to as OASIS). This includes the sports and horse betting, virtual slot and online poker sector, where the new Joint Gambling Authority of the German Federal States (the Joint Gambling Authority), in Halle (Saxony-Anhalt), is authorised to act on behalf of all 16 German states as the responsible licensing and supervisory authority. That line does tend to blur a little when we look at the state of play when it comes to German gambling as we approach the third decade of the 2000s. 763 of the German Civil Code, as it provides that contracts made in connection with state-approved lotteries or raffles are binding and, hence, enforceable. These requirements essentially focus on the protection of players and minors and the safety of gambling operations. Operators must connect to the German central player blocking file OASIS. The Interstate Treaty on Gambling 2021 (Glcksspielstaatsvertrag, GlStV, "ITG") is the main legal framework. The operation of traditional lottery products, such as the national lottery or other large-scale lotteries, as well as pool betting, is subject to the state monopoly. Is Online Gambling Legal In Germany? - Casino News Daily Furthermore, competitors may attempt to file for cease-and-desist orders with civil law courts, because the prohibition of unauthorised organisation and distribution of games of chance falls under the scope of the Unfair Competition Act. In any event, this has been apparent for quite a while and lawmakers have recently introduced changes to liberalise the betting scene. The minimum legal age for gambling in Germany is 18. Regulators have yet to explain how they intend to tackle the concerns over the databases with regard to the superseding data protection requirements under the GDPR. Players should be encouraged to assess their own gambling activities by reality checks and self-tests, need to be able to set their own deposit, stake or loss limits (the monthly deposit limit is mandatory under the Interstate Treaty) and need to be made aware of the risk of addiction through brochures or responsible gaming websites. A characteristic of the taxation of gambling products is that it largely depends on the product type and the regulations in the respective federal state. Have fines, licence revocations or other sanctions been enforced in your jurisdiction? A legal casino is a gambling platform licensed by Gambling Board and permitted to operate within a country. VA Although payment blocking still raises a number of legal questions, mainly connected to data protection laws, the former responsible regulator of the state of Lower Saxony has taken a rather rigid stance and issued multiple payment-blocking orders against major payment service providers (PSPs) in the past.6 The Joint Gambling Authority has been consistent in pursuing this approach. However, it is already evident that the new competent authority in Halle is adopting a rather strict approach with respect to advertising or payment processing for illegal gambling. Germany: Online Gambling In Germany: Casino Regulations And - Mondaq There are many online bookmakers that offer betting services to German citizens and it can be hard to narrow down which site you like best. Other forms of betting (with the exception of horse race betting; see below), in particular social/financial betting or betting on virtual sports, are not permissible. On January 1 2023, Joint Gambling Authority of the Federal States (Gemeinsame Glcksspielbehrde der Lnder, GGL) took over competency for issuing nationwide licenses and supervision of licensees in the following verticals: The GGL had already been responsible for enforcement against unauthorised gambling and the advertising thereof since July 2022. If they operate in Germany, and hence offer products on the German market, the Interstate Treaty applies irrespective of where the operator is based. Fantasy betting (payment to back a league or portfolio selection over a period of time, for example in relation to sport or shares). The majority of the other federal states have so far been leaning towards state monopoly. The Interstate Treaty restricts the application of the licence to the territory of the Federal Republic of Germany and countries that recognise the German licence for their sovereign territories. In addition, players should not be allowed to play multiple games at . 3.3 What terminal/machine-based gaming is permitted and where? They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. For the first time, operators may apply for a licence to offer virtual slot machine games. At the time of writing, Schleswig-Holstein and North Rhine-Westphalia have made use of the option of opening the market to private operators as well. While the provisions on the licensing proceedings under the Interstate Treaty 2021 do not stipulate a specific licensing process for gambling-related B2B services, it is required by law that each virtual slot machine game and online poker game must be approved by the regulator in Saxony-Anhalt. Germany Gambling Laws in 2023 - The State of iGaming in Anonymous payment methods, including cash vouchers, are banned in online gambling-related transactions. Considering that the Joint Gambling Authority still tends to take a more conservative approach and, as yet, has not adapted swiftly to new trends in the online gambling sector, it seems unlikely that this would be permitted in the near future. Video poker is currently not licensable. Online casino games are defined as virtual versions of bankholder games and live broadcasts of a terrestrial banker game. New restrictions under this Interstate Treaty include a watershed between 06:00 and 21:00 hours for virtual slot games and online poker (and online casino games) as well as restrictions on affiliate advertising, including a ban on revenue share-based remuneration. Northrhine-Westfalia have opted for a concession model. Software suppliers are not required to be licensed under the German Interstate Treaty on Gambling. As explained in Section I.i, the basic legal framework for gambling in Germany is the Interstate Treaty 2021, which was introduced on 1 July 2021 and marks the fourth attempt by the German states to create a uniform and EU-law-compliant gambling regime. The Regional Council has been issuing sports betting licences since November 2020. In Germany, there are no localities that have been given favoured status for gambling like those in other countries, tourist islands, reservations and integrated resorts. Join our mailing list to receive updates on new Guides: Legal Disclaimer. Please include in this answer any material promotion and advertising restrictions. In sports facilities, advertising for games of chance in the form of umbrella brand advertising on jerseys and perimeters and similar advertising media is permitted. Published: 07/12/2022 Hot off the press 30/06/2023 Multi-accounting is prohibited, which means that each customer must only be provided with a single account. A key transparency requirement to payments is payment verification, i.e. The Interstate Treaty 2021 also introduces a licencing system for online poker. Only Germany's northernmost state, Schleswig-Holstein, has granted online casino licences in the past and allowed its residents to participate in the corresponding gambling offerings, which were licensed solely at federal state level. LUGAS consist of the so-called limit-file, activity-file and the safe server. Poker is permitted, in most of the German states, in state-owned casinos and regulated by the Ministry/Senate of the Interior of the respective state. As a key requirement regarding responsible gambling and player protection, operators must implement and run an automated system for the detection of addictive behaviour. Strict entrance controls need to be established in order to ensure that this is the case. Licences issued by states, which have no cross-state effect, will generally be limited in scope to the territory of the state in question. Germany Gambling Regulation - Casino Laws in Germany - Super Casino Sites The main purpose of this federal legislative framework was to prevent compulsive . For historic or general reasons, gambling is also influenced by certain federal laws, such as the Race Betting and Lottery Act, the Trade Regulation Act, the Criminal Code and the Fiscal Code. Whether or not individual states will consider opting for issuing licences to private operators in this market remains to be seen.
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