New Legislative Framework - Internal Market, Industry, Entrepreneurship and SMEs. Online gambling (or Internet gambling) includes poker, casinos and sports betting. The first online casino was in Many countries restrict or ban online gambling.

European framework for online gambling New Legislative Framework - European Commission

This article was first published in the 1st quarter edition of Personal Finance magazine. What could be more homegrown and wholesome than the Springbok Casino, branded in green and gold and featuring the well-loved Springbok logo? At the very least, gamblers could have their winnings confiscated en route to their bank accounts and deposited in the Unlawful Winnings Trust, administered by the National Gambling Board NGB.

Of course, this supposes your winnings materialise at all; as with any illegal transaction, you risk losing your money and have no recourse if you do. The legislation sets out phone pay online slots by forms of gambling are permitted: Lotteries are governed separately by the Lotteries Act of Inthe government was clearly receptive to the idea of legalising and regulating online or interactive, or remote gambling, which was a fast-growing reality, and the NGA went so far as to mandate the NGB to appoint a committee to look into it.

Bizarrely, the Act has never been promulgated: At first, this unprecedented pause was put down to the responsible department, the Department of Trade and Industry DTIworking on the supporting regulations, but later it became clear that the government was worried about the possible socio-economic impact of making gambling much more accessible.

So the Act was sidelined, creating a hiatus that online casino operators both inside and outside our borders could exploit, claiming that new legislation was just a matter of time. To buy time presumablythe government set up the Gambling Review Commission to look into its concerns. The prospect of online gambling being regulated, rather than banned, was still very much alive then, according to the annual report of the NGB, which read: The commission reported inconcluding that online gambling should indeed be legalised and regulated and could even revive a flagging industry.

Trade and Industry Minister Rob Davies launched the report at a press conference where he said his department would not be pressured into introducing forms of gambling that were deemed illegal in South Africa. He added that the Reserve Bank was monitoring illegal transactions and predicted darkly that gamblers would not receive their winnings.

So the report languished, and into the vacuum came a landmark judgment in the Supreme Court of Appeal: Basically, the court upheld a decision of the North Gauteng High Court that interactive gambling was a prohibited activity in terms of the NGA, even if the server delivering the service was situated outside South Africa. Casino Enterprises, which is licensed in Http://vagabonds.info/slots-deposit-5.php, european framework for online gambling advertised its online casino in Gauteng, prompting the prosecution.

It argued that gambling on the site could not be unlawful under either the NGA or the Gauteng Gambling and Betting Act, because the activity did not take place european framework for online gambling South Africa; it took place where the server was located.

Clearly, this is a fundamental issue for the industry. As the judgment put it: The Supreme Court of Appeal agreed and held both parties to the illegal act equally liable. The government has since relied on that clarification of the european framework for online gambling law, but failed to enforce it.

The result is a cat-and-mouse game, in which the authorities keep their claws sheathed, while the gambling websites hide in plain sight, trying not to be noticed, or hoping to become such a familiar part of online commerce that they are accepted by default.

Cleverly, the casinos present a united front, so continue reading gamblers are reassured by the obvious presence of an entire industry surrounding and supporting individual sites.

Websites such as playcasino. They offer one-click access to offerings for all technologies and tastes, backed up by reviews, payment information and guides for first-time users. A random sample of the most popular sites put to the test on the website monitoring service Check-Host check-host. The websites even address the legality issue head-on by publishing statements that purport to provide clarity for the confused would-be gambler.

Since that time, the gambling industry has also undergone many changes, and the establishment of online casinos has added a new dimension. These online casinos are highly reputable and offer safe and legal online gambling to customers in South African rands, and we suggest you give them a try.

Presumably, such statements are being amended, because the government has given the industry notice that will usher in a new, tougher stance on online gambling. The policy goes on to say: Provisions must be included to prohibit illegal winnings, with amendments to prohibit internet service providers who must not knowingly host an illegal gambling sitebanks and other payment facilitators from facilitating illegal gambling by transferring, paying or facilitating payment of illegal winnings to persons in South Africa.

There will be a clampdown on the advertising and promotion of online gambling, but the focus of the fightback by government will continue to be unlawful winnings. Davies told the media that the Financial Intelligence Centre will work paddy power deposit problem financial institutions to verify and intercept online winnings. Those who fail to do so may european framework for online gambling held criminally liable, and winnings will be deposited in european framework for online gambling Unlawful Winnings Trust.

The land-based casinos 38 of them are, european framework for online gambling any measure, the heart of the South African gambling industry. According to NGB figures, they accounted for They also support 64 jobs, according to Casa. These are gambling machines that restrict the amounts you can bet and win, operated at licensed venues such as pubs and gaming arcades.

They european framework for online gambling good revenue growth from year to year Most active licences to operate electronic bingo terminals EBTs are in Gauteng. European framework for online gambling are a bone of contention for the casino industry, represented by Casa, which argues that EBTs are no different from casino slot machines, and yet may be operated without the infrastructure or social obligations of a casino.

Bingo revenue dropped by more than 16 percent incompared withand accounted for 3. According european framework for online gambling the gambling report produced by PricewaterhouseCoopers, betting on horse racing still outstrips all other sports betting inR1.

This is your only legal option if you want to use an online platform to place bets. The legitimacy of this type of gambling rests on the fact that the internet is merely the medium of communication; the outcome of betting is decided elsewhere, in the real rather than the virtual world.

The combined sports and horse racing betting industry grew in revenue terms by almost Lottery ticket sales in the financial year amounted to R4 million, down from R4 million in Buying overseas lottery tickets is illegal, but you can take online bets on the results of certain overseas lotteries, such as the EuroMillions, through the relatively new website Lottostar www.

Click to see more has been operating for two years and has paid out R million in winnings, according to spokesperson Maria Pavli. If South Africa has been ambivalent about online gambling, so have many other countries, judging by the variety of solutions around the world. South Africa is not alone in outlawing it — Russia, China, the Netherlands and Switzerland, among many others, do — but other countries restrict it in all sorts european framework for online gambling ways.

Australia european framework for online gambling and taxes operators of casino websites, but prohibits their use by its own citizens, while the United States european framework for online gambling a federal ban on all gambling including sports bettingeuropean framework for online gambling allows the individual states to permit it within their borders as four of the european framework for online gambling states do.

The United Kingdom has a permissive approach, but was forced to introduce licensing for websites both inside and outside its borders, so that european framework for online gambling нее best casino online site забыла claim its share of tax on their profits.

Europe is a mixed bag: More importantly, if not properly regulated, the borderless nature of this activity may result in providers offering their interactive gambling services without ever physically placing their equipment or operations in their targeted countries.

These safe havens are driven more by the financial reward of serving as hosts to source gambling providers than by being a flourishing market for this type of gambling.

This creates challenges for countries whose citizens are lured onto the websites of interactive gambling providers situated or licensed in such safe havens. Realising the burden of carrying the costs of problem gambling while safe havens earn licensing and taxation fees, countries with discernible markets for interactive gambling have had european framework for online gambling pronounce more info legal position regarding this recreational economic activity.

Such legal positions vary from prohibition to restriction or liberalising interactive gambling. In South Africa, at least five percent of spending on gambling is being diverted to illegal websites, according to a guesstimate by Casa.

Alternatively, you must legalise it and have proper regulation. There are some jurisdictions that are doing that and they seem to be doing it well. He says Casa is neutral on the question of legalisation — if online gambling were licensed, Casa members would probably become online operators. There are always pros and cons of gambling online, and some of the controls that we have in a land-based environment are not there in a virtual environment.

They are unlicensed, use software smuggled in from other countries and european framework for online gambling strictly in cash for as long as they can get away with it. Despite the economic benefits of a legal and taxed gambling industry and the pressure the government has been under to bring illegal but http://vagabonds.info/money-saving-expert-gambling-loopholes.php forms of gambling into the regulatory fold, the government has been unable to shake off its concerns about the social implications of online gambling.

The report found that levels http://vagabonds.info/slots-to-play-online-for-free.php problem gambling in South Africa remained relatively constant over the preceding decade, despite massive growth in the gambling industry over the same period, but were consistently higher than levels in Europe, similar to those in the US and slightly lower than levels in Asian countries.

He says the European Court of Justice found that lack of direct contact between online gambling operators and consumers exposes consumers to risks of fraud by unscrupulous operators that are different to the risks posed by location-based gambling establishments. In a separate case, the court highlighted the relative accessibility please click for source online gambling, the isolation of the gambler and the absence of social control european framework for online gambling some of the factors contributing to the development of gambling addiction, the squandering of money, and many other negative consequences.

But overall, Monnye argues — like the Gambling Review Commission — european framework for online gambling online gambling is no different from any other form of gambling, except in its mode of delivery. Until that happens, however, the biggest winner may be the Unlawful Winnings Trust.

Gambling companies are excellent at using your emotions to rip you off. This applies whether you win the Lotto, pick the winner in the Durban July or hit the jackpot at a casino slot article source. Even if gambling is a regular recreational activity, or you make a hobby of trying to beat the odds, you are not regarded as a professional gambler, unless there is clear evidence that you are in the business of gambling for profit, european framework for online gambling, in the case of a bookmaker, for example, you make your living from betting and you bet yourself.

If you are a professional gambler, you are taxed on your income, but you are also able to claim your losses. So an award for winning a competition among employees for best performance, for example, would be taxed, whereas a prize of money in the office raffle, which is for fun and has european framework for online gambling to do with your job, would be regarded as capital in nature and would not be taxed.

Gains and losses arising from gambling, games and competitions also do not fall into the capital gains tax net, Spamer says. Can the banks distinguish between online casino win prizes for legal betting european framework for online gambling gambling and payments for illegal online gambling?

The international card schemes Visa and Mastercard prescribe merchant category codes MCCs to payments.

However, it is possible to determine whether a transaction was processed as a card-present transaction or online card not present, or CNP. The issue facing the banks is that, even if we determine that a CNP transaction has taken place, the reason for the specific payment remains invisible.

Does Absa monitor the activities of clients who might be offering or paying european framework for online gambling illegal forms of gambling? Our card-issuing business also continually makes clients aware that cards may not be used for illegal or unlicensed gambling activities and card agreements already include clauses in this regard. Existing controls include monitoring cardholder activities or online casino mit bonus ohne download. What action is taken if Absa suspects there has been illegal activity on a card?

If a transaction is identified as linked to any illegal or unlicensed gambling activities, the bank will send a letter to the client to remind him or her of the prohibition and will request an explanation.

Daily transaction monitoring and reporting to the South African Reserve Bank SARB includes european framework for online gambling on all in-country and cross-border gambling transactions european framework for online gambling far as we are able to identify them. If the SARB identifies a transgression, the bank will request a report from the cardholder and certain action might be taken in accordance with regulations.

Does the bank european framework for online gambling the accounts of clients who are involved in illegal transactions? The relationship between a bank and a client is contractual. European framework for online gambling parties european framework for online gambling a right to exit the relationship when necessary.

The bank may exit the relationship for a number of reasons. The most important is if it decides that continued association constitutes a financial risk it cannot cover, or if it cannot assure regulators that the manner in which a client conducts his or her banking activities is not in breach of regulations or legislation including illegal online gambling.

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Growth – Internal Market, Industry, Entrepreneurship and SMEs - European Commission European framework for online gambling

The economic significance of the sector is also shown by the high level of innovation of the EU industry and the increasing amount of tax revenues generated in the Member States.

The fast pace of online technologies development in recent years has facilitated the provision of gambling services through diverse remote distribution channels. These include the internet and other means of electronic or distance communication such as mobile phone technology or digital TV. The nature of the online environment means that gambling sites may operate in the EU, outside any form of control carried out by regulators within the EU.

Consumers in Europe also search across borders for online european framework for online gambling services which, if not properly regulated, may expose them to significant risks. The extensive range of offers and the rising level of demand for online gambling services pose a number european framework for online gambling challenges european framework for online gambling it comes to ensuring the proper implementation of public policy objectives at the national, EU and international level.

Through that public consultation it sought to obtain a full picture of the existing situation, european framework for online gambling facilitate the exchange of best practices between Member States and to determine how, in due consideration of their public policy objectives and without undermining the internal market, the differing national regulatory models for gambling can coexist and whether specific action may be click the following article european framework for online gambling the EU level to ensure greater coherence.

The responses to the consultation differ both in terms of the content and the instruments that should be used for EU initiatives. Overall, it does not appear appropriate at this stage to propose sector specific EU legislation. However, there was an almost unanimous call for policy action at EU level and the responses european framework for online gambling for a clear identification of the key priority areas where action is required. This Communication, together with the accompanying Commission Staff Working Document[5], identifies the key challenges posed by the co-existence of national regulatory frameworks within the Internal Market.

It also seeks to propose answers to these challenges in the form of actions to be taken both at the national and EU level. The Staff Working Document provides more detailed information resulting from the analysis of the responses to the Green Paper, the proposed initiatives in this Action Plan, as well as relevant data.

The Commission has drawn from good practices in the EU and Member States in order to propose responses to the varied range of issues related to online gambling. In view of the developments regarding the offer and promotion of online gambling in the EU greater clarity is needed.

This Communication proposes a combination of initiatives and relevant measures covering a range of issues, seeking to enhance legal clarity and establish policies based on available evidence. These actions, fully taking into account the principles of subsidiarity and proportionality, highlight five priority areas to address the challenges in the EU:. The proposed actions focus on online gambling services and issues linked to the free movement of services Article 56 TFEU and the freedom of establishment Article 49 TFEU in light of the growth of online gambling in the EU and the well-developed cross-border supply of such services.

However, a number of the actions are pertinent to both online and offline gambling services[7]. Please click for source, this Communication responds to the Council's conclusions on the framework for gambling and betting in the EU Member States[8], a series of Presidency progress reports[9], the resolution of the European Parliament on online gambling in the Internal Market[10] and to the Opinion of the European Economic and Social Committee[11].

While Member States are in principle free to set free online fruit machines objectives of their policy on games of chance and to define in detail the level of protection sought, national regulatory frameworks have to comply with EU law and internal market principles and rules. Ensuring compliance of national law with the Treaty is therefore a prerequisite of a successful EU policy on online gambling.

In view of the type of challenges posed by the development of online gambling and their implications for each Member State it is not possible for Please click for source States to effectively address these challenges alone and to provide individually a properly regulated and sufficiently safe offer of online gambling services.

The Commission's actions on administrative cooperation will help Member States to better understand each other's regulatory frameworks, share good practices and improve convergence in tackling common problems. In addition, greater and long term collaboration between Member States would enhance the EU's capacity to more effectively tackle the international dimension of online gambling. Improving the protection of consumers and the regulatory environment is in the european framework for online gambling of all Member States and all stakeholders.

The development of an attractive range of legal gambling opportunities is also key to effectively prevent consumers from going on unregulated sites. Therefore, action at European framework for online gambling level should aim at adequately protecting all citizens in Europe within a balanced regulated environment. In light of this, the Commission proposes to undertake action, together with the Member States, designed to offer a common european framework for online gambling high level of protection to all European consumers and citizens, including minors and vulnerable groups.

These proposed actions seek to address the risks emanating from unregulated markets and organised crime, such as fraud and rigging of events. Overall, the initiatives are expected to contribute to an improved framework governing online gambling services in the EU and pave the way for strengthened cooperation between Member States' regulatory authorities.

Online gambling regulation in Member States is characterised by a diversity of regulatory frameworks. Few Member States prohibit the offering of games of chance on european framework for online gambling internet, either european framework for online gambling all games or for certain european framework for online gambling, such as poker and casino games.

In some European jurisdictions, monopolistic regimes offering online gambling services have been established. These are run either by a state-controlled public operator or by a private operator on the basis of an exclusive right. A growing number of Member States has however established licensing european framework for online gambling thus allowing more than one operator european framework for online gambling offer services on the market. In response to the societal, native online casinos and regulatory challenges, a significant number of Member States has recently reviewed their gambling legislation to take account of new forms of gambling http://vagabonds.info/888-first-deposit-bonus-code.php. These regulatory changes have led to an increase in the offer of gambling services by operators authorised in an EU Member State over the last few years and to considerable differences in national regulations.

There has also been a development in cross-border offers, often not authorised under national rules in the recipient Member State. Compliance of these national rules with the Treaty has been challenged in front of national courts and questions on the interpretation of EU law have been referred to the Court of Justice of the European Union CJEU.

National regulatory systems must respect EU law. In a series of judgements, the CJEU has provided general guidance on the interpretation of european framework for online gambling fundamental freedoms of the internal market in the area of online gambling, taking into account the specific nature of gambling activities, with a view to enabling national courts to assess the circumstances under which restrictive national gambling laws are justified on grounds related to the general interest.

The CJEU has confirmed that the provision and the use of cross-border gambling offers is an economic activity that falls within the scope of the fundamental freedoms of the TFEU. National rules which prohibit the provision of gambling services authorised in other Member States were found to restrict the freedom of national residents to receive, over the internet, services offered in other Member States.

They also restrict the freedom of operators established in other Member States to provide gambling services. Member States may restrict or limit the cross-border supply of all or certain types of online gambling services on the basis of public interest objectives that they seek to protect in relation to gambling.

The national rules focus mainly on consumer protection objectives, in particular the prevention of problem gambling and the protection of minors, and on crime and fraud prevention. While Member States usually offer legitimate reasons for the restriction of cross-border gambling services, they must nonetheless demonstrate the suitability 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.

Member States must demonstrate that the public interest objectives they have freely chosen to ensure 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. In the past years infringement cases have been launched by the Commission against a significant number of Member States and remain under investigation to date.

The European framework for online gambling uses the in-depth factual information gathered from the Green Paper consultation as well as the latest case law of the CJEU in its on-going assessment of national legislation in the pending infringement cases and complaints. The assessment also focuses on the transparency and non-discrimination of licensing schemes as well as on the proportionality of european framework for online gambling conditions.

Simultaneously with the adoption of this Communication, the Commission is inviting the Member States concerned to european framework for online gambling information about the latest european framework for online gambling of their gambling legislation.

The Member States against whom infringement cases are open or complaints have been registered will be asked to provide legal and factual updated information to enable the Commission to complete its assessment of compatibility with EU law.

The Commission will, wherever necessary, take action to enforce the relevant European framework for online gambling provisions in respect of any national rules not complying with EU law, taking source account the latest case law of the CJEU.

Furthermore, the compliance of draft national legislation on on-line gambling with EU law will continue to be assessed under the so-called notification procedure[12]. In order to ensure the successful implementation and application of a gambling policy at national and EU level Member States need competent european framework for online gambling authorities, cooperating with authorities in other Member States and using all available efficient enforcement means. Several of the initiatives announced in this Communication will imply the processing of personal data.

In this respect, compliance with the EU read more on data protection shall be ensured[13]. This will require in particular a click to see more definition of the specific purposes of data processing in order to ensure data quality and minimisation and compliance with other data protection requirements.

In order to ensure effective implementation and enforcement of gambling rules and efficient cross-border administrative cooperation, every Member State should have well-equipped regulatory authorities in place. This web page regulatory authorities need to have adequate competences european framework for online gambling know-how in order to deal with regulatory challenges in a rapidly growing and technology-based market.

As not all regulatory authorities may have full competences for the supervision of the gambling market they european framework for online gambling need to cooperate with other relevant authorities at regional or national level in order to meet demands for cooperation from other Member States' regulators and not to fall short of their expectations.

Enhanced administrative cooperation is imperative if today's regulatory challenges are to be met. Enhancing administrative cooperation will assist Member States and gambling regulators in their regulatory and supervisory role and improve the quality of their work. Practical cooperation will enable Member States to become familiar with the systems and practices of others, and to develop closer working relations at the operational level.

Actions aimed at fostering administrative cooperation also need to result in a reduction of unnecessary administrative burdens, in particular in the authorisation process and the supervision of operators authorised in more than one jurisdiction. The certification and standardisation of online gambling equipment can also play an important role in this respect. Successful administrative cooperation requires a clear definition of the areas Member States can request and exchange information on and develop common actions and initiatives.

Furthermore, an appropriate structure has to be in place, with a clear mandate for cooperation which can address the operational needs european framework for online gambling regulatory authorities. The precise form of cooperation between national regulators depends on the kind of information and data that can be exchanged between the authorities.

A first immediate step on cooperation is to focus on exchange of general information and best practice, in order to share intelligence and experience and to build trust and a sense of mutual interest between regulators. As a second step, through dialogue with Member States, the Commission will further explore the possibilities for an exchange of personal data, in compliance with national and EU rules on data protection.

Cooperation source the EU will not respond to all the challenges in the online gambling market. Many of these challenges are of a cross-border nature, often originating from outside the EU.

In order to coordinate actions and promote initiatives addressed to countries outside the EU, the Commission will together with Member States identify issues to be european framework for online gambling with third countries and seek to strengthen dialogue with them. Effective enforcement by Member States of their national legislation — a key prerequisite of which is compliance with EU law — is essential for the attainment of the public interest objectives of their gambling policy.

Effective enforcement depends, inter alia, on a sound organisational structure and full competences for the national gambling authority, adequate administrative cooperation with other regulators and suitable enforcement tools. Preventive enforcement measures aim at reducing the initial contact of citizens european framework for online gambling the offer of cross-border online gambling services which are not compliant with the legislation in force in the recipient Member State "unauthorised" [15] and at ensuring compliance with national gambling rules and common principles, such as player education and information, understanding players' choice and behaviour and encouraging responsible business conduct.

Responsive enforcement measures, such as limiting access to websites offering unauthorised gambling services or blocking payments between players and european framework for online gambling gambling operators, have certain benefits but also possible shortcomings. Such measures also need to be carefully assessed in the light of safeguarding fundamental rights and fundamental freedoms of the TFEU.

Responsive enforcement measures that require online intermediaries hosting illegal gambling offers to take action take down the offer or disable access to the offer to customers in specific Member Statescould benefit from clarification as regards the procedures to be followed.

The Commission is preparing a horizontal initiative on notice-and-action procedures which should provide the clarity needed. In addition, cooperation could be enhanced via the network established by the Consumer Protection Cooperation Gambling casino online scams which allows cross-border enforcement actions[16].

Throughout the EU Member States converge on the objective of protecting citizens although they differ in terms of the regulatory and technical approaches undertaken to achieve this objective. Appropriate action in the EU is needed so as to: All citizens should enjoy a high level of common protection throughout the internal market.

While fully respecting each Member State's right to determine the regulatory framework for gambling services, the Commission sees significant benefits in the development of a range of authorised gambling opportunities in order to effectively dissuade consumers from using other gambling offers.

It is important for authorised operators to be able to offer sufficiently attractive products, because in european framework for online gambling absence of credible and sustainable offers consumers will continue to turn to unregulated gambling websites, with the ensuing potentially harmful effects. It is estimated that about 6. In an inherently cross-border environment consumers must be able to make informed choices and be able to recognise an authorised gambling offer.

Faced with information overload, consumers do rely on labels[20]. Therefore, the Commission encourages that details of the relevant regulating authority feature prominently on the website of operators and that the level of consumer information and knowledge is improved. A number of Member States has experience with protecting consumers in the online environment. The gambling industry has also developed valuable technical expertise and self-regulatory approaches for socially responsible gambling.

Action requires efforts of all stakeholders. The right balance needs to be struck and measures to protect consumers should not have the adverse effect of leading players to seek more attractive offers on unregulated sites.

A common set of principles elaborated at EU level should aim at ensuring a high level of consumer protection. Preventive protection measures should be aimed at precluding minors gaining access to gambling content.


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