🍒 Casinos Austria scandal leads to calls for end to monopoly | iGaming Business

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Austria's leading gambling trade group has called for an end to which also raises significant concerns about its compliance with EU law.”.


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Austria Country Report | GamblingCompliance
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Austrian finance minister Gernot Blümel has called for the creation of an The minister was discussing the current state of affairs at Casinos Austria, the country's gambling monopoly, Compliance Updates13 hours ago.


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Austrian finance minister Gernot Blümel has called for the creation of an The minister was discussing the current state of affairs at Casinos Austria, the country's gambling monopoly, Compliance Updates13 hours ago.


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Brussels, 9 November October – Casinos Austria has achieved certification according to the ECA Responsible Gambling Framework after an independent.


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Brussels, 9 November October – Casinos Austria has achieved certification according to the ECA Responsible Gambling Framework after an independent.


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Gambling Laws and Regulations covering issues in Austria of Relevant their compliance with the requirement to advertise their products in a.


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Austrian finance minister Gernot Blümel has called for the creation of an The minister was discussing the current state of affairs at Casinos Austria, the country's gambling monopoly, Compliance Updates13 hours ago.


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It has also to be mentioned that the management of the gaming establishment of responsible gaming and are supported by the recently appointed compliance.


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For many years, the case law regarding the compliance of the federal monopoly with EU law was inconsistent. Only by the end of did all three supreme courts.


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Gambling Laws and Regulations covering issues in Austria of Relevant their compliance with the requirement to advertise their products in a.


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Lotteries are subject to a single licence pursuant to Section 14 GSpG — de facto constituting a monopoly. The 12 licences which were granted to Casinos Austria remain valid. Recently, enforcement measures have been heavily concentrated on the allegedly illegal provision of slot machines. According to Section 21 GSpG, a casino applicant must be a corporation established within the EU or EEA under the same circumstances and applying the same restrictions applicable to the lottery licence. The amendments also broaden the definition of a betting intermediary, and introduce stricter player protection measures and licensing requirements. Austrian law requires only the operator to hold a licence. The Supreme Administrative Court Verwaltungsgerichtshof confirmed this decision in It is currently unlikely that the BMF or the Austrian Tax Authority will start a new licensing procedure for these three licences. If the applicant provides evidence for these criteria, it is sufficient to have a mere local presence. The amendments bring a significant tightening of requirements towards player verification and betting documentation. It should be noted that many local laws, however, do not restrict minors from participating in lotteries or exempt lotteries offered by the lottery monopoly from age restrictions. Players must not be able to play games simultaneously. There are also requirements on minimum distances between gaming halls and provisions on how many machines may be installed in one location 10 to 50 machines in gaming halls, and one to three machines outside gaming halls, e. Skill games : Skill games do not fall under the definition of games of chance and, as such, are not subject to the GSpG. There are no restrictions on maximum stakes or pay-outs. Some Austrian states have extended the applicability of their legislation to cover also online sports betting. Furthermore, in the course of , each of the nine Austrian federal states has amended local sports betting and where present gaming machines acts according to the updated AML regulations. Otherwise, the distance between venues with more than 15 machines must be 15 kilometres. Besides fines, sanctions include the confiscation of slot machines. Betting terminals must have a serial number that needs to be submitted to the authorities. EUR 70 in Carinthia. Blacklisting websites, ISP and financial blocking are not part of the sanctioning measures of Austrian law. After two hours of playing, the machine has to shut down automatically. Six licences were granted to Casinos Austria in December and another six to the same operator in September A lottery or casino licence can be withdrawn by the authority if the licensee violates provisions of the GSpG or decisions by administrative authorities. Slot machines must be connected to the Federal Computing Centre Bundesrechenzentrum. Land-based casinos and slot machine operators are obliged to check the identity documents of all customers. Further, certain pay-out ratios must be applied. As regards lotteries and casinos, the BMF is required to grant licences based on a transparent tender procedure starting 1 July , this competence will be transferred to the Austrian Tax Authority. Further, there is a restriction of a maximum of one machine per 1, inhabitants. The GSpG provides for a number of player protection requirements, most of which have to be fulfilled by an operator in order to receive a licence. Further, the applicant must be a company with a supervisory board and a registered office in Austria and it needs to fulfil certain stock capital requirements.

ICLG - Gambling Laws and Regulations - Austria covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability — in 39 jurisdictions. Gambling compliance austria GSpG also contains provisions regarding the protection of minors.

Given the remaining doubts on the compliance of the gambling monopoly with EU law see question 4. The operation of i lotteries, and ii land-based casinos can be licensed according to Sections 14 and 21 GSpG, respectively.

Section 52 Link also contains a catalogue of administrative criminal offences subject to fines of up to EUR 22, or even EUR 60, in case of the gambling compliance austria of illegal gambling.

Further, there is a minimum duration for certain games and players are only allowed to play for a maximum amount of time, after which the slot machine must automatically switch off for a cool-off period.

Inthe total amount of land-based casino licences to be granted for a maximum duration of 15 years was increased from 12 licences to The three new licences were individually granted by the BMF in a separate licence tender in The licence decisions were cancelled by the Federal Administrative Court Bundesverwaltungsgericht inwhich found the licence tender to be in violation of the principle of transparency under EU law.

VLTson the other hand, fall under the lottery monopoly and are regulated at the federal level. In addition to those activities that are considered unfair in all circumstances per secertain trade practices, such as advertising campaigns, can also be prohibited under the UWG if they are considered unfair due to, for example, their aggressive nature.

Gambling compliance austria, participation in illegal gambling as a regular source of income may be sanctioned under Section StGB.

According to the GSpG, in municipalities of more thaninhabitants, there must be at least two kilometres between a VLT outlet with more than 15 machines and a here. Betting licences are generally available without quantitative restrictions.

Lottery games : The lotteries licence was granted in and is valid until Casino games : There are, in principle, up to 15 licences available, each with a see more duration of 15 years.

Applicants have to prove that they fulfil the licensing criteria mentioned in Sections 14 and 21 GSpG, respectively. For instance, Vienna allows live betting only on end results and gambling compliance austria results.

Advertising illegal gambling carries an administrative penalty of up to EUR 22, Gaming and betting taxes are levied at the point of consumption and apply irrespectively of whether or not the operator holds a licence in Austria.

As such, the scope of Section 12a GSpG is considered to cover all types of online gambling save for online betting, and exceeds the scope of lottery-style games the single licensee monopolist may operate offline.

Games of chance are subject to a federal gambling monopoly stipulated in Section 3 GSpG. In addition to the requirements described in question 2. In the first place, the operators are held liable for violations of the GSpG. Vorarlberg, Salzburg and Tyrol also allow social bets e.

As regards compliance of the Austrian online gambling monopoly with EU law, please see question 4. This applies, gambling compliance austria particular, to the administrative fines described in question 1. EUR in Salzburg and Upper Austria and restrictions on live betting or certain maximum opening hours for betting shops.

The main legal restrictions gambling compliance austria licensees are stipulated in the GSpG. Electronic learn more here cover all types of games of chance offered by electronic means, including casino-style online games.

Please include in this answer any material promotion and advertising restrictions. There are several technical requirements concerning slot machines, including adequate warning and data protection systems in case of technical failures.

Poker is generally permitted only in casinos, with an exemption granted to poker casinos that are operated under licences issued on the basis of the Austrian Trade Act. However, directors and other legal or natural persons supporting illegal activities carried out by the entity in connection with gambling e.

According to Section 53 GSpG, the authorities have the right to confiscate slot machines operated in violation of applicable legislation.

As noted above, poker is considered a game of chance, not a game of skill. In general, applicants have a right to be granted a betting licence after having money on football gambling make all legal requirements.

The operation of VLTs is subject to the lottery monopoly. Vorarlberg has introduced minimum distance requirements for betting locations. According to these laws, in general, minors are banned from entering betting premises. A number of further restrictions include, e.

Despite doubts as regards compliance of the online gambling monopoly with EU law, the BMF firmly considers it illegal to offer online gambling without an Austrian licence.

In Upper Austria, the legal age for gambling is 18, save for lotteries offered by the lottery monopoly 16 years. According to the GSpG, the number of slot machines outside casinos is limited to a maximum of three licences per Bundesland.

The UWG sets certain limitations for operators, such as prohibiting advertising directed at minors or promotional pyramid games where a consumer pays a consideration for the opportunity of receiving compensation that is derived from the introduction of new consumers into the gaming scheme.

Special provisions apply to dealing with PEPs and persons from high-risk countries. Sanctions provided for the illegal offer of land-based gambling also apply to online gambling.

It must be noted, though, that Section 56 para 1 GSpG excludes any proceedings under the UWG being initiated against the holders of licences and concessions under the GSpG as regards their compliance with the requirement to advertise their products in a responsible manner.

Operators have to pay the following taxes. Due to the varying ages some dating back to as early toothers entering into force in and the quality of the local laws, licensing requirements as well as the exact product scope and licence term differ significantly.

Section 1 GSpG expressly defines poker as a game of chance. The key difference is that, unlike sports betting, not all Austrian states allow slot machines outside casinos.

Betting licences may be granted to natural persons as well as to companies. Due to the point of consumption taxation, the tax authorities also enforce tax provisions against operators which do not hold an Austrian licence.

Decisions of the authority to withdraw a licence can be appealed before the Federal Administrative Court Bundesverwaltungsgericht ; the withdrawal of a sports betting licence can be appealed before the relevant Regional Administrative Court Landesverwaltungsgericht. The minimum share capital is EUR 22 million. The licence also covers the operation of VLT outlets. Most local authorities have also consistently taken a strict approach towards the operation of allegedly illegal offers in retail betting shops. A corporate seat in Austria is required unless the company has a comparable lotteries licence in its state of incorporation, is subject to a comparable gambling supervision and such supervisory authority cooperates with the BMF. According to the AML provisions, gambling providers are subject to enhanced due diligence obligations, e. All suspicious activities must be reported to the Financial Intelligence Unit. For example, local authorities have closed licensed betting shops and confiscated betting equipment, arguing that the operators do not observe restrictions on the betting offer, such as certain restrictions on live betting. The technical requirements must be evidenced by a technical expert opinion. The violation of licensing obligations can be sanctioned with fines of up to EUR 22, Withdrawing the licence is applied only as ultima ratio , if all other means e. Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated? Section 12a GSpG does not further describe the product scope.