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Getting The Deal Through

Gaming

Published: August 2019

Germany


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  • 1.

    Legal definition of ‘gambling’
    What are the legal elements required for an activity to be regarded as gambling?

  • 2.

    Remote activity
    With respect to remote or other cross-border activity, where is the wager deemed to take place?

  • 3.

    Age restrictions
    What is the minimum age for participating in lawful gambling?

  • 4.

    Penalties
    What are the penalties for offering unlawful gambling?

  • 5.


    Does the law penalise the gambler directly for participating in unlawful gambling?

  • 6.

    Social and non-profit gambling
    Are there exceptions for social gambling, or charitable or non-profit gambling?

  • 7.

    Regulatory authorities
    What entity regulates land-based and remote gambling, and what are the regulator’s powers?

  • 8.

    Anti-money laundering regulations
    Are gambling licensees considered financial institutions for purposes of anti-money-laundering and similar financial services regulatory requirements or are they otherwise subject to such requirements?

  • 9.

    Types
    What types of land-based gambling are permitted in your jurisdiction, and is gambling regulated at a national or subnational level?

  • 10.

    Establishment licensing
    Please describe the licensing criteria to operate land-based gambling of each type or classification. Does your jurisdiction limit the number of available licences?

  • 11.

    Director, officer and owner licensing
    Must individual directors, officers or owners of licensees also be licensed or reviewed for suitability?

  • 12.

    Location
    May a gambling location be part of a resort, restaurant or other multi-purpose location? What limitations apply?

  • 13.

    Passive/institutional ownership
    Are there provisions for passive or institutional ownership that allow for exemption or modification of licensing requirements?

  • 14.

    Responsible gambling
    What responsible gambling obligations apply to licensees?

  • 15.

    Taxes
    What type of tax and what tax rate applies to each form of lawful land-based gambling activity?

  • 16.


    Is remote gambling permitted and, if so, what types?

  • 17.

    Licensing
    What are the criteria for obtaining a licence to operate remote gambling?

  • 18.


    How do the licensing criteria for remote gambling operators differ from those applicable to land-based operators?

  • 19.

    Cross-border gambling
    May operators located in other countries offer internet gambling to consumers in your jurisdiction without obtaining a licence there?

  • 20.


    May operators licensed in your jurisdiction offer internet gambling to consumers in other countries?

  • 21.

    Taxes
    What tax rate applies to each form of remote gambling?

  • 22.

    Patents
    Are gambling games - land-based or remote - patentable in your jurisdiction?

  • 23.

    Trademarks
    Are there limitations on how brands, logos or other types of marks may be used in promoting gambling games?

  • 24.

    Restrictions
    What types of restrictions apply to advertising gambling games?

  • 25.

    Licensing
    What types of suppliers to gambling operators require licences?

  • 26.

    Registration
    If licensing is not required, is there a registration or other process suppliers are subject to, and what triggers that process?

  • 27.

    Casino development
    What considerations arise in developing a casino resort project that are not typical to other resort development?

  • 28.

    Wage and hour rules
    Are there particular rules governing hours and wage treatment for casino employees?

  • 29.

    Collective labour
    Must casino employees be members of labour unions or similar organisations?

  • 30.

    Change of control
    How are licensee changes of control, and substantial changes in shareholdings of licensees, addressed?

  • 31.

    Bankruptcy
    How are gambling licences treated in bankruptcy?

  • 32.

    Regulation
    How are forms of ‘quasi-gambling’ regulated? Are any treated as ‘gambling’, and what triggers such treatment?

  • 33.

    Licensing
    Does your jurisdiction license quasi-gambling operators?

  • 34.

    Other restrictions
    Does your jurisdiction impose other restrictions on the conduct of quasi-gambling activity, including restrictions on advertising, age of participation, limitations on prizes, etc?

  • 35.

    Recent cases
    What, if any, significant litigation involving the gambling or quasi-gambling sectors has your jurisdiction seen in recent years?

  • Updates and trends

DLA Piper is a global law firm with lawyers located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help clients with their legal needs around the world.

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Hamburg
Germany
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