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Getting The Deal Through

Gaming

Published: July 2018

Germany


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  • 1.

    What are the legal elements required for an activity to be regarded as gambling?

  • 2.

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

  • 3.

    What is the minimum age for participating in lawful gambling?

  • 4.

    What are the penalties for offering unlawful gambling?

  • 5.

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

  • 6.

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

  • 7.

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

  • 8.

    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.

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

  • 10.

    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.

    Must individual directors, officers or owners of licensees also be licensed or reviewed for suitability?

  • 12.

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

  • 13.

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

  • 14.

    What responsible gambling obligations apply to licensees?

  • 15.

    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.

    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.

    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.

    What tax rate applies to each form of remote gambling?

  • 22.

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

  • 23.

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

  • 24.

    What types of restrictions apply to advertising gambling games?

  • 25.

    What types of suppliers to gambling operators require licences?

  • 26.

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

  • 27.

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

  • 28.

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

  • 29.

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

  • 30.

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

  • 31.

    How are gambling licences treated in bankruptcy?

  • 32.

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

  • 33.

    Does your jurisdiction license quasi-gambling operators?

  • 34.

    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.

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

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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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