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Copyright Giulio Coraggio 2018

 

Here is a short post on the recent approval by the Italian gambling authority of fast-fold cash poker regulations. After the pressure from some licensed operators AAMS issued dedicated regulations on fast-fold poker that among others limit to 5,000 the number of players per gaming session and allow players to "enter" different tables at the same time but with the restriction of € 1,000 as maximum amount spent per gaming session. These regulations are likely to further boost Italian cash poker games that after a year from its launch reached a turnover of € 9.5 billion becoming the most online game in the market. It will be interesting to see though the battle between cash poker and online slots when the latter...

The delivery of newsletters without the individuals' prior consent has been sanctioned with 9 months of imprisonment by the Italian Court of Cassation. Article 167 of the Italian Data Protection Code punishes with the imprisonment between 6 months and 24 months the processing of personal data without the consent of the data subject (and other privacy breaches) with either the purpose to gain profit or to cause harm, provided that the harm is caused. With reference to a case where one of the major Italian Internet companies had sent newsletters without the prior consent of their recipients, the Court of Cassation, the Italian supreme court, held that:the profit generated by the defendant derives from the saving due to the lack of payment of the amount due to the service provider owner...

The Italian Criminal Court of Cassation has issued a final decision to the benefit of StanleyBet's so called "CTD - centri trasmissione dati" supporting the compliance of their business with Italian and EU laws. The court decision is not available yet, but - based on StanleyBet's statements - the Court of Cassation - which is the Italian Supreme Court - has made reference to the decision of the European Court of Justice on the Costa - Cifone case and limited the scope of this decision to StanleyBet and therefore StanleyBet's business would be legal, while the other CTDs would remain illegal. I still have to review the terms of the decision for a full assessment of the case but if StanleyBet's statements are confirmed...

As part of a strategy aimed at reducing the costs of the Ministry of Finance, the Italian government decided to ‘disband’ the Italian gaming authority AAMS transferring all its functionalities to the Customs Authority to be renamed as "Agency of Customs and Monopolies".Formally AAMS will not exist anymore, but the decree providing this measure clarified that all the personnel and functionalities of AAMS will be transferred to the newly renamed Agency of Customs and Monopolies.In practical terms, it is likely that such measure will lead to a "merger" rather than a real cancellation. Indeed, the decree also mentions the appointment of a vice-director of the agency that will be in charge of strategy and coordination functionalities in relation to AAMS'...

The intellectual property court of Florence has issued an interesting decision on the liability of search engines and the circumstances when they are obliged to remove infringing material. The dispute refers to a case concerning an enterpreneur that had identified on the Internet some non-authorised pictures reproducing him and some defamatory comments about his company. Since the webmaster of the website where such information was published could not be identified, the entepreneur requested Google to remove such website from its search results and - following Google's denial of such removal - decided to bring a claim against the company. The court held that the illegal conduct had not been performed as the pictures had been taken in public and there was no economic...

With almost one year of delay and following lots of pressure from the industry, AAMS has now set the launch date for online slots in Italy.Indeed AAMS has just published new new guidelines on casino games (including online slots), poker games and skill games and a new decree setting out the process to have such games authorised by AAMS.The most interesting news is though that the authorization decree provided that applications to have online slots approved can be already filed, but as occurred for cash poker and the other casino games different from online slots, operators will be allowed to launch online slots at the same time to avoid a competitive advantage to the fastest operators. Starting from December 2012 on the first...