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Copyright Giulio Coraggio 2018

 

I had discussed in a previous post about the draft law decree filed by Ms. Brambilla, the Italian Ministry of the Tourism, allowing the opening of casinos in all the Italian five stars hotels. This law proposal have been highly criticized also because according to the press it would have led to very limited benefits in the tourism sector, while it might become very dangerous for citizens. The Italian members of the Parliament seem to have now lowered their targets. Indeed, the proposal recently filed by Mr. Pastorio and Mr. Brunetta prescribes the opening of “only” 8 new casinos that shall be located in towns where there are already in place hotels, restaurants and other services able to meet the...

OUT-LAW.COM reports that Mr. Kaplan, the founder of BetOnSports.com, has been jailed for four years in the United States since Internet gambling is there illegal under local laws and Kaplan and his company were offering their games to US residents through the Internet, even if the company was based in Costa Rica. This news raises the interesting issue concerning the offer through the Internet of games by operators based abroad that do not hold a local gaming license. Indeed, Italian criminal laws require that the offer of games to players located in Italy is allowed only to operators holding an Italian gaming license i.e. even if an operator is licensed for instance in the UK or in Austria cannot offer its games to Italian residents, unless...

Playbonuscasino.com reports that Italian casinos and foreign casinos located close to Italian borders fear the negative consequences that might potentially derive from the launch of Videolottery casinos. As already discussed, the setting up of gaming halls dedicated to Videlotteries (VLTs) (the so called "VLT casinos") is expected to lead to considerable changes in the Italian gaming market where presently there are only 4 casinos, all located in the North of Italy (Venice, Sanremo, Campione d'Italia and Saint Vincent), and the opening of further casinos is prohibited by criminal laws, unless legislative developments occur. Because of the legal constraints to the opening of additional "real" casinos, casinos located close to Italian boundaries attract a considerable number of Italian players and - for instance -they reppresent 80% of the Lugano casino's clients. Following the launch of VLT casinos,...

Spanish gaming news.com reports that the privatization of State managed lotteries and betting in Spain is now closer. This means that the Spain might shortly become a new target for gaming operators that have seen in few years first the opening up of the Italian gaming market and will be shortly see the end of the State monopolies in France. This scenario brings me to the conclusion that it is high time to set some EU-wide gaming rules allowing – as already occurred for instance in the e-commerce sector – operators to offer their games throughout all the European Union complying only with the rules of the country where they are based and avoiding the issues already discussed. ...

The coming into force of the rules governing class actions in Italy has been postponed several times, but finally such regulations - as amended by Law 23 July 2009 No. 99 - will come into force on 1 January 2010. This is a considerable change that however will have limited effects since it will be possible to bring class actions only for the protection of: contractual rights of a number of consumers and users which have an identical claim towards a company, including claims based on standard contractual terms (e.g. the Ts&Cs of a website); identical rights held by final users of a product towards its manufacturer; andidentical rights of consumers and users to the recovery of the damages arising out of unfair commercial practices or of unfair competition conducts.  Despite of the limited scope of the...

After the issue of the new rules governing online bingo, the Italian gaming authority has also set new rules for offline bingo prescribing that: the applicable taxes will be equal to 11% (previously 20%) of the sale price of bingo cards; and thatthe amount due to the centralized gaming controller will be 1% (previously up to 3.80%) of the sale price of bingo cards. Also, it will be possible to postpone the payment of the abovementioned amount up to 60 days from the date of collection of the bingo cards and in any case up to the 15th of December of each year for the amount due in relation to the last two months period of each year. Finally the new rules prescribed that the awarded jackpot shall be at least 70%...

Datonomy reports that tougher sanctions for data protection breaches are about to be introduced in the UK. This reminds me that similar measures have been implemented in Italy at the end of 2008. Indeed, Law No. 207/2008 prescribed, among others, sanctions:up to € 36,000 if a privacy policy compliant with the requirements prescribed by Italian data protection law is not provided to users; andup to € 120,000 for the unlawful processing of personal data (which includes any processing of personal data without the prior consent of the relative user) and for the lack of implementation of the security measures in the processing of personal data that are specifically decribed in the Italian Data Protection Code;  Moreover, Law No. 207/2008 states that if the same entity breaches several provisions of the Italian...

The Italian administrative court of Lazio region held that Italian gaming licensees are not liable for the conduct of their marketing shops, unless they have acted with negligence in monitoring the activity of such shops. Italian gaming law allows gaming operators to enter into agreements with shops only for the marketing of gaming account top up cards and for the distribution and collection of gaming account agreements. These shops (the so called “PDCs”) are strictly prohibited to offer any games to their customers and cannot be involved in any gaming or betting activity. The Italian gaming authority following the breach of the abovementioned ban by a PDC had automatically disconnected the relative licensee from the servers of the Italian gaming...

As part of a draft law decree aimed at pushing the development of the tourism sector, the Italian Ministry of the Tourism, Ms. Brambilla has filed a proposal allowing the opening of casinos in all the Italian 5 stars hotels.Presently casinos can be found located in Italy only in Venice, Sanremo, Saint Vincent and Campione d'Italia. Italian criminal laws prohibit the opening of any other casino. On the contrary, if the proposal drafted by Ms. Brambilla is approved, there could be 26 casinos just in the city of Rome. On one hand this is a very good news for gaming operators since as a consequence of the number of games that are expected to be launched in the next months...

EGamingReview reports that the European Commission has given to the Danish Government a month to amend its draft law regulating gaming and betting websites to make it compliant with EU laws. The Danish draft law was originally submitted to the European on 7 July 2009 and the European Commission has now issued its opinion alleging that the draft law is not in line with EU law.According to the available information, the Danish draft law prescribed, among others, the monopoly of pool betting and the introduction of measures blocking the access to websites run without a Danish gaming license as well as the blocking of the financial transactions performed by Danish residents through these websites.  If the provisions referred above are...