In the Bild newspaper there were reports last week that “illegal gambling sites” are to be blocked by the internet providers for the German market. The proposal will be discussed at the next Ministerial Conference. Here is a brief report on the current headlines of the picture and a few more considerations.
The Online Casinos and gambling on the Internet in Europe is legally a grey area, I have already discussed a year ago. It is also no secret that recent court rulings have not changed much. In addition, many gambling experts regard the state monopoly as inadmissible anyway.
Nevertheless, the Bild newspaper claims that the federal states want to ban online Casinos. The statement is based on internal reports of CdS-AG (Conference of the heads of state and Senate offices of the countries). To suggest that the Federal States will strengthen the enforcement against illegal Online offers.
There is probably not only a need for action at the Online Casinos, ultimately the Experiment for sports betting providers runs out in the middle of 2019. There should actually be 20 licences in the field of sports betting, the distribution failed at the time, because some providers had complained against the limit. At that time it was decided that such a scheme is not in conformity with Union law, so for the time being all sports betting providers are tolerated. It is said that the clause on Online sports betting should be retained until the end of the state Treaty on gambling 2021 – but so far nothing has happened here.
What are “illegal gambling sites”?
My Problem with reporting the picture is that I can’t do much with their terms like “illegal gambling sites”. In Germany, you can currently make a regulated, an unregulated and a black market in the field of Online gambling. The division looks like this:
- Regulated market: all gambling offers with a German license are classified here, including lotteries and sports betting offers of the 16 state lottery companies offline as online, as well as game tokens and money players in gaming halls and gastronomy.
- Unregulated market: all gambling offers with concessions from other EU member states are summarized here. Sports betting providers such as Tipico or Bwin, second lotteries such as Lottoland or Tipp24, Online Casinos and poker rooms on the Internet must be arranged here. In Germany, it is a legal grey area that is still tolerated. The companies also pay VAT to the German state pursuant to the assignments of the customers from Germany.
- Illegal black market: these are providers who have neither a European nor a German gambling licence (e.g. with Canadian licences or Montenegro licences). They are completely illegal in Europe.
According to EU law, the Internet is limitless
In the past, there have already been some rulings against the restriction of the internet. For example, in the past there have been redirections at Online Shops on pages with their own country address (starting from the customer’S IP).
The so-called Geoblocking regulation was adopted by the EU on 3 March. On December 31, 2018, the Federal Ministry of education and research (BMBF On that day, all the transitional periods finally ended. At that time, one wanted to prevent Shops within the EU from having access to different prices for the same goods on local Shop websites-one wanted to recall the potential of the (digital) single market as a whole.
Surely Online Shopping is not the same as gambling, but it is here once again that the EU accepts internet bans only if they are truly justified.
Germany is always leading the iGaming player protection. However, there are still no studies that show that the problem of gambling addiction is increased with regulated online gambling market. But I had already mentioned these topics in enough other articles, just as I write again and again that the protection of players in gaming libraries, gastronomy and the gaming banks is not even perfect. Online Casinos also have player protection measures, which are determined by the respective regulatory authorities. Certainly a lot can be improved here too, but they are available once.
Hessen had developed guidelines for regulation
Federal states such as Schleswig-Holstein, Hesse, Baden-Württemberg and Bavaria are expected to be very interested in regulating the gambling market on the Internet. Therefore, it is hard to imagine that one should now go through harder against providers with EU license. Hessen had determined the reorientation of gambling in Germany to 5 key ideas:
- Regulation of Online Casinos and poker rooms.
- Repeal of the Limits on the award of sports betting licences.
- Introducing a monthly loss limit for players. In addition, players should be able to register more easily with online gambling (some PostIdent procedures are provided for online lottery ticket offices).
- Creation of a Central regulatory authority. It would be for the tasks of licensing, supervision of the license holder, Central lock file for detecting and blocking of players, advertising, and prohibitions of unauthorized Online gambling jurisdiction.
- Introduction of a single national lock file for all gambling offers.
How does Gambling Regulation continue in 2019?
If it is until 30. In the absence of any new regulation in the field of sports betting as of 30 June 2019, the state’s monopoly on sports betting actually applies again. However, it is hard to imagine that Online gambling providers with EU licences will not continue to be tolerated.
In the area of Schleswig-Holstein licences, which expired at the end of 2018, there is the transitional solution in the Form of a so-called administrative act. The granted licenses shall remain valid.
It remains to be seen at what conclusion the Prime Ministers ‘ Conference is now coming. In any case, the pressure is relatively high, so that one would finally have to tackle regulation. Since you could handle IP blocking with VPN and proxies-there would therefore always be ways to play online.
Lock would only strengthen the illegal market. You have to remember that someone who plays at the Online Casino does not return to the arcade or the casino from now on, especially when you are used to playing Slots from Play’n GO, NetEnt and Microgaming. The local Mercury or Novoline Slots can not reach the water for most online Games – even though the Retro Charm is certainly very large for some players.
On the results of the Ministerial Conference: so far only it has been announced that there should be a “pact for the rule of law”. This includes the creation of around 2,000 more posts for prosecutors and judges by 2021. In the area of the coal pact, the federal government and the Länder want to develop a Plan for the exit from coal by 2038. The cornerstones of structural change in the affected regions are to be determined by April. In the case of the digital pact school, no agreement was reached as was the federal government’s participation in the costs of refugees. Nothing has been said about gambling regulations.