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Copyright Giulio Coraggio 2018

 

Lawyers' review of TV ads is in most of the case considered as an expensive waste of time, but in some cases it can lead to relevant savings. It happens quite often that marketing managers call us complaining for the comments (issues) raised on their ready-to-be-launched TV ad just claiming that their "similar" had been previously approved and we cannot complain about it at this stage! However, in a country like Italy where fines up to € 500,000 can be issued in case of misleading advertising practices and promotions not compliant with stringent regulations and even higher damages can be awarded in case of breach of intellectual property rights, such kind of issues should not be underestimated. The Italian Competition Authority (AGCM) that...

A law proposal relating to the possible ban of advertising practices in the gambling sector in Italy is currently under discussion. This comes from a number of law proposals which are aimed at better protecting players introducing for instance measures for the blocking on transactions to non-Italian licensed websites, the increase of penalties against players gambling on non-Italian licensed platforms, the introduction of more stringent checks on shareholders of Italian licensed companies and their deals with tax heaven based companies etc. The different law proposals are currently reviewed and the Commissions of the Parliament are likely to shortly publish a new proposal merging the current proposals. Needless to say that a complete ban of advertising practices for gambling operators would mean a considerable damage...

The gaming conference of the University of Milan disclosed a growth of 7% of the Italian online gaming market in 2011 driven by the launch of casino and cash poker games while the "traditional" games (i.e. sportsbetting, bingo, poker tournament and skill games) showed a reduction of 20%.The Politecnico di Milano which is the Univerisity of Milan that each year publishes a report on the Italian gaming market confirmed the considerable growth of the market due to the new games and in particular by poker cash games that for instance in the month of December 2011 represented 57% of the market followed by casino games (that do not currently include slots) with 26% and traditional games with 17%. These data...

Italian licensed operators have spent a very nice week-end, the frightening increase in the taxation for casino games, cash poker games and videolotteries has not been included in the so called fiscal decree approved last Friday. We shall monitor the situation in the next months to see whether the Government will think again about it, but the time being the risk has been avoided. Feel free to contact me, Giulio Coraggio if you want to discuss it....

During the last days everyone has been discussing about the "crazy" potential Italian gaming tax changes and the consequences of the decision of the European Court of Justice on the Costa Cifone case involving the Italian licensing regime. However maybe it was slightly missed the exact scope of the decision.As background information Stanley Bet runs in Italy a very successful business model based on 200 agencies in the form of DTCs i.e. these agencies do NOT hold any Italian land-based or online gaming license issued by the Italian Gaming Authority (AAMS) and do NOT pay any Italian gaming taxes, but are mere Internet cafes that offer bets under the Stanley's UK gaming license. Mr. Costa and Mr. Cifone were the...

According to rumours the Government is planning to change the tax regime applicable to casino and cash poker games and to introduce stricter measures against the offering of games to Italian players through non-Italian licensed gaming websites. The main changes might involve the tax regime for cash games and casino games switching from a 20% net profits regime to a 1% turnover regime so vanishing all the efforts performed to introduce a more reasonable tax regime. This measure might be part of a major decree named the "Fiscal Decree" which among others might increase up to 1,000% of the amount bet fines against Italian players playing on non-Italian licensed gaming websites and up to € 200,000 the fines against entities (e.g. affiliate...

"Documento Programmatico sulla Sicurezza" not required anymore! The Italian Government has approved the law decree aimed at simplifying a number of regulatory obligations including privacy obligations. As part of a broad package of regulations that are intended to reduce bureaucratic obligations for companies, governmental authorities and consumers the Italian Government has also removed the obligation to draft the so called "Documento Programmatico sulla Sicurezza" i.e. a Privacy Security Document listing the privacy measures adopted by companies processing sensitive data through electronic means. This represented a very burdensome obligation for companies given to the level of detail required and therefore this is a very good news for companies. However, entities active in the Italian market should not underestimate privacy-related obligations because of this...

AAMS, the Italian gambling authority, has notified to the European Commission the draft decrees regulating betting exchange games and bets on virtual events. These decrees have been long awaited from the approval of the so called Abruzzo Decree in 2009 that set out the tax regime applicable to both games which will be 20% of the gross profits with the peculiarity that, according to the current bill, in relation to betting exchange games the operator will be entitled to collect a commission not exceeding 10% which will be the tax basis. Also another peculiarity of betting exchange regulations (that on the contrary will not be required for virtual events games according to the current draft) relates to the certification of the...