Gaming law and Gambling law

HORAK · LEGAL EXPERTISE

German gambling law includes the Interstate Treaty on Gambling 2021 (GlüStV 2021), state legislation, the Trade Regulation Act, Gaming Ordinance, Racing Betting and Lotteries Act and sections 284 et seq. StGB. Civil and unfair-competition law may also apply. Licensing and advertising requirements depend on the form of gambling and the particular offer.

The GlüStV 2021 has applied since 1 July 2021. Sports betting, virtual slot games and online poker may be licensed subject to restrictive conditions. Online casino games are subject to separate state arrangements. The Joint Gambling Authority of the German States (GGL) administers the functions assigned to it. A foreign licence does not replace a required German permit.

Licensed private offers may exist alongside state-operated gambling. A permit applies only within its scope. The official whitelist and the specific permit should be checked.

GAMING LAW FOR TEMPORARY GAMBLERS

Gambling law can also apply to a business that organises a one-off promotional game or draw. Whether a licence is required depends in particular on payment, the prospect of a prize and chance. Free promotional prize draws must be distinguished from gambling and remain subject to applicable competition, data-protection and youth-protection rules.

As far as concerned gaming/gambling laws, we can offer you the following services:

Competition, gambling and criminal investigation of advertising and event concepts;
Consulting and representation in interdiction order and closing orders, as well as business bans;
Assertion (Warning) and judicial enforcement of claims under competition law, information and removal claims, indemnity and possible secondary claims.
Representation before national courts and the Court of Justice of the European Union (CJEU), and support for cross-border transactions;
Assessment and pursuit of state-liability claims.

FURTHER TOPICS ON GAMING AND GAMBLING LAW: