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Copyright Giulio Coraggio 2018

 

As discussed in a previous post, the new Italian online gaming license regime will allow operators to locate their company and their servers in any country of the European Economic Area. This represents a considerable advantage for gaming operators that will be able to set up their company in countries with a tax regime much more favorable than Italy like Malta. In this context, a friend of GamingTechLAW, Ian Gauci, a partner in the Maltese law firm Gatt Tufigno Gauci, Advocates, was so kind in providing the post below that gives some insights on the reasons why Malta is a favorable country for gaming operators.  Enjoy the article! As the first EU country to formally regulate iGaming, Malta has established itself...

As anticipated in a previous post, the lawfulness of gaming terminals (the so called "totem") installed in public places (e.g. coffee and tabacco shops, department stores etc.) connecting to online gaming websites (including licensed websites) has been the topic of long debates during the last years. Indeed, some online gaming operators base most of their business on totems located in shops and this circumstance generated considerable complaints from other operators arguing that the online offer of games should be only "online". Totems have been highly criticised also because they are the main source of illegal activities as shop assistants in some cases collect bets on behalf of their clients and place them through totems located in their shops. Such practice is in...

The Italian Gaming Authority has finally declared that the testing phase relating to videolotteries (VLTs) is now over. After the long wait, licensees will be shortly entitled to install up to 56,697 VLTs awarding maximum wins up to € 500,000 which is a massive change for a country where there are only 4 "real" casinos (that were obviously among the major oppenents of VLTs) and criminal laws prohibit the opening up of new casinos.This represents a relevant opportunity for:gaming operators and managers since they will be able to set up VLT casinos reproducing the "look and feel" of real casinos and, if this business model is succesful, Italian players are likely to prefer VLT casinos located close to their cities to...

As it was foreseeable after the clearance from the European Commission on the decree setting the new licensing regime in Italy, the EC has now decided to close a number of cases relating to Italian gambling laws.  The European Commission had challenged the compliance with the EU principle of freedom to provide services of some restrictions prescribed by Italian gaming laws against foreign operators. Indeed, the old regime required that operators holding an Italian online gaming license had to locate their servers and their company in Italy. On the contrary, as stressed in a previous post, this obligation has now been removed and operators applying for an Italian gaming license will be entitled to locate their legal seat and equipment in...

As anticipated in a previous post, I have attended the conference “Gioco online: è boom. Tra innovazione e regolamentazione” (Online Gaming: it is a boom. Between innovation and regulation) where the Politecnico di Milano (one of the main Italian Universities) has presented the results of a very detailed study of the Italian online gaming market whose reliability cannot be doubted as it has been drafted in cooperation with the Italian Gaming Authority. To give you a glance of the results of such study: according to the Politecnico di Milano the turnover of the Italian online gaming market has been of € 3.7 bn in 2009 and it is expected to double in 2010 following the launch of poker cash games and casino...

Dislike what had arisen from the initial rumors, according to the Italian gaming authority the decree regulating the issue of the new Italian online gaming licenses will be passed at the beginning of May. Operators that intend to enter in the largest European online gaming market should start getting ready, developing a business plan and working on their platforms to make them compliant with Italian gaming law requirements that are very stringent. As already stressed in a previous post, the peculiarity of the new licensing regime is that it will allow operators to locate their legal seat and equipment in any country of the European Economic Area, or in any other country (e.g. Isle of Man, Alderney etc.) that will enter into bilateral...

On 21 April 2010, it will take place at the Politecnico of Milan, one of the main Italian Universities, the conference “Gioco online: è boom. Tra innovazione e regolamentazione” (Online Gaming: it is a boom. Between innovation and regulation). The conference will represent one of the main Italian events on online gaming, with speakers from the Italian Gaming Authority and some of the most relevant gaming operators.Also, it will be an interesting opportunity for new entrants to better understand the Italian gaming market as the Politecnico of Milan will provide during the conference - equipped with simultaneous English translation facilities - the results of a very detailed research on the Italian online gaming.If you intend to attend the conference, send an email...

Fapav, the Italian Federation Against Audiovideo Piracy, performed through a specialized agency, CoPeerRight Agency, an investigation through which it discovered hundreds of thousands of Telecom Italia (the Italian telephone incumbent) users that had performed 2.5 millions illegal downloads of nine films.  However, unfortunately for Fapav, it had been able to identify only the IP address of such users and therefore requested - before the Court of Rome - Telecom Italia to disclose the details of the users connected to such IP addresses so that their conduct could be challenged before judicial authorities and to block the access by Italian residents to some peer to peer websites.The Court of Rome held that only judicial authorities can order Telecom Italia to perform...

The European Court of Justice has issued an interesting decision in the case between Handelsgesellschaft Heinrich Heine GmbH v Verbraucherzentrale. Heinrich Heine, a mail-order company, provides in its general conditions of sale that the consumer is to pay a flat rate charge of € 4.95 for delivery. That sum is not refunded by the supplier even if the consumer exercises his right of withdrawal. Indeed, the EU Distance Selling Directive 1997/7 regulating any kind of distance contract (i.e. sales through the Internet, telephone, email etc.) prescribes that:"consumer shall have a period of at least seven working days [that are 10 working days under Italian law] in which to withdraw from the contract without penalty and without giving any reason. The only charge that may...

As a consequence of the upcoming launch of online poker cash games and casino games in Italy, Italian players will finally have the possibility to play games that used to play so far only in the 4 Italian real casinos or in foreign casinos through their computers, in their flats seating on their favourite couch.  As stressed in my previous post, these new games are expected to be considerably successful and to lead to a relevant increase in the turnover of gaming operators. Indeed, the decree regulating online poker cash games and casino games will allow Italian licensed operators not only to offer all the card games (including blackjack), under the functionalities single player and multi players, but for the first...