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Copyright Giulio Coraggio 2018

 

The Italian Gaming Authority, AAMS, published the data for March and April 2012 on the Italian online gaming market showing an increase in players' spending of 8.6% compared to 2011. The turnover of the Italian online gaming market reached in the first 4 months of 2012 € 5.5 billion with players' spending of € 67.7 million. As occurred during the last year, poker cash games (€ 3.1 billion of turnover) and casino games (€ 1.4 billion of turnover) represent by far the major products, while the turnover of traditional online gaming products is facing a contraction.   This circumstance may be mainly due to the focusing of major operators and  players themselves on the new products (i.e. cash poker and casino games). However, the future of...

The Italian betting exchange decree finally obtained the approval from the European Commission. As previously reported the approval of the decree had been postponed to the 18th of May because of the detailed opinion filed by Spain. However, it seems that the green light from the EC has now arrived. However, it is still unclear the future that this game will have in Italy since at the moment only two operators (Betfair and Microgame through Betdaq) seem to be interested in the offering of such game which is boosted by a taxation of 20% of gross revenues while fixed odd sportsbetting games are subject to a taxation of 2% to 5% of turnover increasing of a further 0.5 in case of offering of bets on events outside of AAMS official schedule...

The Italian Supreme Court held yesterday that blogs cannot be qualified as newspapers and consequently shall not be subject to the relative registration and liability obligations. This decision terminates a never-ending saga that saw the Court of First Instance and the Court of Appeal holding that blogs have to be enrolled in the Court registry as requested by Italian press law in relation to all press material and issued a fine of € 150 against the blogger that was the defendant in the dispute. Indeed the previous decision had been highly criticised because risked to extend to bloggers the strict liability regime provided by Italian law for editors of newspapers whose compliance with the liability exemptions provided by the E-Commerce Directive has been subject of relevant debates....

We had reported in a previous post about the decision of the Court of Milan against Google for defamation arising from the usage of Google "suggest search" service. Interestingly, one year later the court of Pinerolo took a complete opposite view. The case relates to an entrepreneur who found out that when his name was typed on Google search bar, the system was suggesting terms like "arrested" and "investigated" even if there is no information on the Internet about his involvement in a criminal proceeding. The claimant requested Google to remove the association between his name and such terms since this was defamatory, but Google responded that the removal of the association could not occur as the suggest search service works...

Lowering of taxation for sportsbetting games, licenses for betting shops, dedicated bank account and further delays on the launch of live poker in the law of ratification of the so called Fiscal Decree. A law just published on the Italian Official Gazette provides the following: Sportsbetting Taxes: it has been removed the additional taxation for sportsbetting games if the payout is lower than 80% of the amount collected from players. Indeed, the previous regulations prescribed that under such scenario an additional tax equal to 20% of the gross difference accrued between the 80% threshold and the actual payout was due and for instance in 2011 for some operators the payout was 78% and therefore the additional tax was due.Betting Shops: following the decision...

A law providing the award of 2,000 Italian betting shop licenses is expected to be approved in the next days and the decree regulating the offering of bets on virtual events in Italy obtained the approval from the European Commission.Following the decision of the European Court of Justice in Costa Cifone case, in order to cure the issues raised by the ECJ, the Parliament has decided (if the proposal will be eventually approved) to set up a call for tenders in relation to the award of 2,000 new betting shop licenses by the 31st of June 2012. Such licenses will be valid up to the 31st of June 2016 and the minimum price for their award will be € 11,000. The purpose of this procedure is to convert the current...

The main issue of Italian sportsbetting regulations currently is that operators are allowed to offer only events and types of bets included in the official list issued by AAMS (the so called "palinsesto"), but this is going to change shortly as a consequence of a draft decree now notified to the European Commission.The draft decree allows operators to offer both events different from those included in the palinsesto and types of bet relating to events included in the palinsesto but for which the palinsesto does not prescribe that type of bet and - unlike what ordinarily currently happens - prescribes that the operators themselves will certify the results of customised bets. In order to be approved to the offering of customised...

The Italian Data Protection Authority has published guidelines on the processing of personal data on health-related websites which provide stringent requirements.Websites, forum, blogs but even social networks that are dedicated to health-related issues provide advice, exchange of information and contain comments from users that in some cases can reveal very sensitive data about their health conditions and users need to be adequately informed of the risks of disclosing such data.For this purpose the Italian Data Protection Authority has required that if a registration is required to the website, a privacy stratement is previously provided and specifically accepted by them mentioning therein, among others, which data are necessary to participate to the activities performed on the website and the term for which such data will be stored.Also,...

We had reported of a law proposal aimed at introducing a complete ban on gambling advertising in Italy. However the latest good news are that more likely Italy will adopt an approach similar to the UK.According to the latest news, the Italian Government is going to submit to the Parliament an law proposal within the next 30 days which rather than providing a complete ban on gambling advertising will prescribe:   time slots when gambling ads can be broadcastthe obligation to stress that games offer a mere "possibility" to win and a list of places where gambling related billboards can be placed. Also, operators are discussing the implementation of a self-regulatory code of conduct for gambling advertising which might reproduce...