EU Gambling Regulated Countries

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Contrary to the beliefs of many people, the European Union does not offer a unitary legislation in the matter of gambling over the laws of its constituent countries. The EU develops general legislation to some extent, but EU countries are autonomous in how they organize their gambling services, if they respect the fundamental freedoms set out in the Treaty on the Functioning of the European Union (TFEU).

This is also the reason why it is observed that most countries allow at least some games of chance to be offered on the Internet. However, some countries allow all games, while others only allow certain types, such as betting, poker or casino games.

Some European jurisdictions have established monopoly regimes that provide online gambling services. These services are operated by a state-controlled public company, or a private company based on 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 system is favored over the others.

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Austria

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Licenses for sports betting and horse race betting are available for private operators on a regional basis within Austria, whereas poker, casino, bingo and lottery are controlled by the monopoly, Casinos Austria, which has exclusive rights until 2027.

Status

The CJEU has held that the Austrian casino monopoly is incompatible with EU law in several cases, although national courts continue to reach conflicting decisions on the compatibility of Austria’s current gambling legislative framework with EU law and the position remains unclear. In June 2021, the Austrian Supreme Court held in favour of a player who brought a claim against an operator licensed elsewhere in the EU for a refund of losses on the basis that their contract with the operator was invalid. In February 2021, the Finance Minister of Austria announced a wide-ranging set of proposals to reform gambling in Austria. Proposals include the establishment of a new independent regulator and the introduction of both website blocking and greater player protection measures. A draft law formally setting out the proposed reforms had been expected to be published during 2021 but this did not happen, although comments made by the Austrian Finance Minister in December 2021 suggest that preparatory work remains ongoing.

Belgium

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

All products are available to private operators except for lotteries, which are reserved exclusively for the monopoly provider. However, online operators need to partner with a land-based license holder in order to satisfy a local establishment requirement; alternatively, apply for one of the retail licenses that can be extended to cover online.

Status

There remain valid arguments that the existing regime is incompatible with Belgium’s EU Treaty obligations. Active enforcement measures against operators and players are in place. A mandatory, weekly deposit limit of €500 for all customers of licensed operators is in effect although a draft royal decree adopted in July 2021 will reduce the limit to €200 once it enters in effect. In May 2022, Belgium submitted a draft Royal Decree to the European Commission that aims to introduce greater restrictions on gambling advertising and sponsorship in Belgium.

Bulgaria

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery (excluding raffles and instant lottery games).

Operator Type

All products are available to private operators except for lotteries, which are to be reserved exclusively for the monopoly.

Status

Any operator from an EU/EEA jurisdiction or the Swiss Confederation can apply for a license. The Bulgarian regulator has awarded approximately 30 licenses to date, including to several international operators. The government has adopted amendments to the country’s gambling legislation to establish a monopoly on lotteries in Bulgaria, with any existing lottery licenses to be revoked with immediate effect following the amendment’s entry into force.

Croatia

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

All products are available to private operators except for lotteries, which are reserved exclusively for the monopoly provider. Private operators can only be licensed to offer online gambling if they obtain a land-based casino or betting license.

Status

Attempts by the Ministry to update its gambling legislation have been subject to criticism in respect of EU incompatibility issues (including the requirement that only holders of land-based licenses can offer online gambling). Regulatory reforms appear to have stalled in the country.

Cyprus

Regulated Gambling Products

Sports betting, horse race betting and lottery.

Operator Type

OPAP has a monopoly over lottery operations; betting licenses are available to private operators.

Status

Cyprus regulated online betting in July 2012, although a licensing regime was not established until 2016. ISPs are obliged to implement blocking measures to prohibit Cypriot residents from accessing unlicensed gambling websites. A betting law, which entered into force in March 2019, replaced the 2012 Betting Law. The provisions of the 2019 law are substantially the same, with minor amends introduced to address EU incompatibility concerns under the previous law (such as the requirement to have a local branch in order to obtain a betting license). In July 2021 the local regulator introduced new rules and restrictions on gambling advertising.

Czech Republic

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

EU and EEA-based operators can apply for licenses.

Status

The gambling regulatory regime, which entered into force in the Czech Republic on 1 January 2017, allows EU/EEA companies to enter the market. ISP-blocking measures are active in the jurisdiction. Tax rates reportedly increased to up to 30% of GGR for certain online gambling activities from January 2020.

Denmark

Regulated Gambling Products

Sports betting, fantasy sports, horse race betting, poker, casino, bingo and lottery.

Operator Type

Licenses for all gambling products are available to private operators save for lotteries, which are controlled by the state monopoly.

Status

The Danish online gambling regime went live on 1 January 2012. ISP-blocking measures are active in the jurisdiction and the Danish Gaming Authority (DGA) has been granted an injunction to block operators and suppliers that have been targeting Danish customers without the requisite license. As of 1 January 2020, licensed operators are required to ensure that customers have set deposit limits before they are allowed to gamble, although it is understood this applies to online casino only. The DGA introduced new marketing regulations, effective from 1 April 2020. In August 2021 the self-regulatory body the ‘Gambling Advertising Board’ was established.

Estonia

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Licenses for all gambling products are available to private operators save for lotteries, which are reserved exclusively for the monopoly operator.

Status

Operators seeking to accept business from players in Estonia must be issued an activity license for the type of gambling they wish to offer, then an operating permit to provide the services online. A blacklist of operators is maintained and updated by local authorities and ISP and payment blocking is in force. Though some operators argue that the regime is still not compatible with EU law, no notification alleging incompatibility has been issued by the EC since the requirement for licensees to maintain servers in Estonia was removed.

Finland

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

All gambling products are under the exclusive control of monopoly provider Veikkaus Oy.

Status

Despite the existence of a national monopoly, EC enforcement action was dropped after various changes to Finnish laws. Active enforcement measures are in place (restrictive marketing for offshore operators in particular). In January 2022, amendments to Finland’s gambling law entered into force which grant the Police Board new powers to take administrative action against private operators that target the Finnish market. Provisions concerning payment blocking measures are scheduled to enter into force on 1 January 2023.

France

Regulated Gambling Products

Sports betting, horse race betting, poker, bingo and lottery.

Operator Type

Private operators can obtain online license for sports betting, horse race betting and poker. The monopoly has exclusive rights to bingo and lottery.

Status

A regulated market since the introduction of a licensing regime in 2010, following which the EC withdrew its infringement proceedings. A new regulatory authority, L’autorité Nationale des Jeux, took over from ARJEL in June 2020. In March 2022, ANJ was granted administrative powers to block illegal gambling websites.

Germany

Regulated Gambling Products

Sports betting, horse race betting, virtual slots, online poker and table games.

Operator Type

Horse race betting licenses are available at a regional level. Sports betting licenses can be applied for by private operators as of 1 January 2020. Since 1 July 2021, private operators have been able to submit license applications to operate virtual slots and online poker. Online table games (such as roulette, blackjack and live dealer casino) are reserved to land-based casinos, most of which are state operated, although the states of Schleswig-Holstein and North Rhine-Westphalia have passed laws to open a licensing system to private operators to offer online table games in their respective states. In February 2022 the new pan-German gambling regulator – the Joint Gambling Authority of the States’ – launched its website. The regulator is due to formally commence operations in January 2023 (although it will assume certain responsibilities in July 2022).

Status

The main legal framework for gambling regulation in Germany has been the subject of much debate and has been heavily criticized by the EC and interested parties/states within Germany for several years. Discussions to reform the existing legislation resulted in the approval of the 3rd Amendment Treaty which entered into force on 1 January 2020. The 3rd Amendment Treaty removed the limit on the number of sports betting licenses and re-introduced a sports betting licensing process. In July 2021 the 4th Interstate Treaty on Gambling entered into effect which brought new licensing options for private operators for online poker and virtual slots (although stringent restrictions, such as stake limits, shall apply). In October 2020 a transitional toleration regime was introduced which permits operators to offer online poker and slots provided they comply with the toleration regime’s requirements and certain restrictions (such as stake limits); it is anticipated that the toleration regime will remain in place until such time that the virtual slots and online poker market fully launches. According to the May 2022 version of the ‘Whitelist’ maintained by authorities in Saxony-Anhalt, the first online slots license has now been granted.

Great Britain

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

All licenses are available to private operators save for lottery, which is reserved exclusively for the monopoly provider, Camelot.

Status

Any operator accepting bets from or advertising to UK residents requires a license from the Gambling Commission (GC). Licensed operators are required to obtain gaming software from GC licensed companies. In December 2020, the government launched a “major and comprehensive” review of current UK gambling legislation.

Greece

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Under the permanent licensing regime, two ‘Types’ of licenses are available to private operators: (i) Type 1 for online betting; and (ii) Type 2 for other online games (which includes poker and casino games). However, certain entities which were previously state-owned have the exclusive right to offer bingo, lottery and pari-mutual betting or fixed-odds betting on horse racing.

Status

In 2012, a “transition period” began, whereby the Greek government granted operators 24 transitional licenses, allowing them to provide gambling services to Greek residents. The legislation, which introduced an open licensing regime for online betting and “other online games”, including casino and poker, came into effect in 2019. However, implementing regulations for the new legal regime were not published until August 2020 and only in July 2021 was the permanent licensed market launched.

Hungary

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Only the state monopolies (Szerencsejáték Zrt. and Magyar Lóversenyfogadást-Szervezo Kft) and local concession companies can apply for a license.

Status

The Hungarian Gambling Law came into effect on 1 October 2015 and only allows two land-based casinos to hold remote casino concessions. The regulator has since issued fines, several of which have been contested, against unlicensed operators who continue to target the Hungarian market. In June 2017, the ECJ ruled that Hungary’s gambling regime is incompatible with Article 56 of the TFEU. A subsequent ECJ decision in February 2018 ruled against the Hungarian requirement that online gambling operators must hold a land license to offer online gambling services to Hungarian citizens, further strengthening arguments that the current regime is incompatible with EU legislation. However, in February 2022, Hungary notified the European Commission of two draft laws, one of which aims to liberalize the local sports betting market by giving EEA operators the opportunity to apply for a local license.

Ireland

Regulated Gambling Products

Online betting regulated since August 2015. Online gaming is not specifically accounted for in Ireland’s outdated legislation and as such is currently unregulated.

Operator Type

Private operators can apply for a betting licence.

Status

Ireland has contemplated updating its legislation, which will create a comprehensive igaming regime, for some time. Interim reform measures intended to modernise the regulation of gambling in Ireland entered into effect on 1 December 2020.  Draft legislation published in April 2021 (by an opposition party) which, if passed, would restrict most forms of gambling advertising, progressed to committee stage in March 2022.  In October 2021, the General Scheme of the Gambling Regulation Bill was published which covers, among other things, the planned introduction of a B2C and B2B licensing regime and the establishment of the Gambling Authority of Ireland. Pre-legislative scrutiny of the General Scheme commenced in March 2022.

Italy

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Fully regulated market, although lotteries are the subject of a state monopoly.

Status

Remote gambling licenses are granted for certain time periods. The last application process for gambling licenses ended on 19 March 2018. AGCOM, the Italian communications regulator, issued sanctions against operators and media companies for violating the ban on gambling advertising (introduced in 2018). Measures to combat unlicensed gambling, including payment blocking measures, came into effect in October 2019. Italian authorities are preparing a draft law on the licensing process in 2023, which will reduce the number of available online licenses to 40.

Luxembourg

Regulated Gambling Products

Lottery.

Operator Type

Monopoly.

Status

The general prohibition on gambling appears sufficiently wide to cover all forms of online gambling.

Malta

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Private operators can apply for a local license (except for lottery products).

Status

In 2018, Malta approved a new Gaming Act that replaced all existing gaming legislation with a single piece of legislation, supplemented by secondary legislation. The Gaming Act, with directives and regulations, became effective on 1 August 2018.

Netherlands

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Private operators can apply for licenses for all gambling products save for lottery.

Status

The Remote Gambling Act, which entered into force on 1 April 2021, set the framework for the licensing regime and the Dutch market opened on 1 October 2021 with the granting of 10 licenses. Operators can now apply for a license under the new regime. However, operators with a direct interest in the Dutch market will face a 33-month period before being eligible for a license and may be liable to penalties for continuing to make their services available to Dutch players (even passively) until the moment they are licensed.

Norway

Regulated Gambling Products

Sports betting, horse race betting and lottery.

Operator Type

Online gambling is reserved for the two monopoly providers, Norsk Tipping and Norsk Rikstoto.

Status

The state’s monopoly has expanded to include live betting, online bingo and casino games to divert traffic from unlicensed sites. The Norwegian regulator continues to step up efforts to block unregulated operators, local banks and payment service providers. The government has passed several legislative amendments to try to stem the flow of offshore gambling, including increased enforcement powers to prevent overseas gambling advertising. On January 1, 2020, a series of extended payment blocking provisions entered into force. The draft law, which consolidates the various Norwegian gambling laws and further strengthens the powers of the regulatory authorities to tackle unlicensed gambling and advertising, was submitted to the Norwegian parliament for debate in June 2021, was approved in March 2022 and entered into force on January 1, 2023.

Poland

Regulated Gambling Products

Sports betting, horse race betting, casino and poker.

Operator Type

Betting licenses are available for companies with a representative in Poland. Casino and poker are reserved for a state monopoly.

Status

By the law passed on January 1, 2012, Poland allows betting, and online games (including poker) are perfectly legal since April 1, 2017, although the exclusive rights to offer such products are reserved to a state monopoly. Provisions to blacklist unlicensed operators and ISPs and block payments came into force on 1 July 2017. The blacklist contains over 1,500 domain names.

Portugal

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Any EU/EEA operator can apply to be granted a license for online gambling. Lottery games and land-based fixed-odds sports betting remain reserved for a monopoly.

Status

Portugal has been a regulated market since 2015. Although gambling operators can apply for licenses, Portuguese revenues are subject to relatively high tax rates, especially for sports betting.

Romania

Regulated Gambling Products

Sports betting, horse race betting, casino, bingo and lottery.

Operator Type

Any operator from an EU/EEA jurisdiction or the Swiss Confederation can apply for a license. Lottery games remain reserved for the monopoly.

Status

The Gambling Act (as amended) introduced a legal framework for a fully regulated online gambling market and requires licenses to be held by online gambling operators as well as software and game providers, payment processors, affiliates and testing laboratories. The gambling regulator actively monitors the regime and notifies ISPs to block blacklisted websites.

Slovakia

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Private operators can apply for licenses for online casino and for sports betting licenses. Lottery and bingo remain reserved for the monopoly provider.

Status

The Gambling Act entered into force on 1 March 2019 and allows private operators outside Slovakia to apply for licenses for sports betting and casinos.

Slovenia

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Online gambling must be operated by land-based casinos or lotteries and, as a result, only the monopoly holds online licenses in Slovenia.

Status

The requirement that only Slovenian land-based gambling operators are eligible for a license is considered by some industry stakeholders to be incompatible with EU law. In September 2021, the government published draft laws making several amendments to the Gambling Act. These changes aim to address the compatibility of the law with EU law. The amendments are currently being debated in parliament.

Spain

Regulated Gambling Products

Sports betting, horse race betting, poker, casino, bingo and lottery.

Operator Type

Private operators can apply for licenses for all gambling products save for lottery.

Status

To operate on the Spanish market, operators must hold a general license and a specific license, both issued by the National Gaming Commission, for each activity. Remote gambling licenses are granted for certain periods. The last date for applications to be accepted ended on December 18, 2018. In November 2020, Spain introduced significant restrictions on gambling advertising, sports sponsorship and welcome bonuses. In July 2021, the Spanish regulator published for consultation a draft royal decree on responsible gambling that proposes introducing a requirement for players to set game limits before betting.

Sweden

Regulated Gambling Products

Betting (including sports, horse race, pool, exchanges), casino, poker, bingo and lottery.

Operator Type

Licenses are available for private operators.

Status

As of January 1, 2019, Sweden has become a fully regulated market. All gambling operators wishing to offer their services to Swedish residents must obtain a gambling license to do so validly (either obtain a “betting” license or a “commercial online gaming” license”, depending on the products offered). Active enforcement measures are in place. In January 2022, the Swedish government announced proposals to amend and strengthen gambling regulation by introducing a B2B licensing regime for interested firms, as well as further restrictions on the promotion of illegal and unlicensed gambling.

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