Gambling Laws and Regulations Report 2024 Germany

Gambling Laws and Regulations Germany 2024

ICL G-Gamblin g-related law s-Germany This chapter features general issues in gamblin g-related laws (related authorities, laws, license applications, license restrictions, digital media, enforcement, responsibilities, etc.).

Chapter Content Free Access

1. Judicial Agency and Law
2. License application and license restriction
3. Internet / mobile / digital / electronic media
4. Execution and responsibility
5. Expected reform

1. Relevant Authorities and Legislation

1. 1 What kind of organization regulates gambling and social/ technical gambling activities in your jurisdiction?

2. Application for a Licence and Licence Restrictions

"Social" games are not included in the definition of games of chance and therefore have no special regulation. As an exception, the interstate treaty restricts offering free-play versions of virtual slot games if they are offered on the same website as virtual slots. To this extent, such free-play versions are subject to the supervision of the regulator of Saxony-Anhalt.

"Social" gaming is not included in the definition of games of chance and therefore has no special regulation. As an exception, the interstate treaty restricts the offering of free-play versions of virtual slot games if they are offered on the same website as the virtual slots. To this extent, such free-play versions are subject to the supervision of the regulatory authorities of the state of Saxony-Anhalt.

Games of skill and competitions without an element of chance

Games of skill and competitions without an element of chance do not fall within the definition of games of chance and are therefore not affected by gambling regulation.

1. 2 (i) The permission or regulation applied to related products in the jurisdiction area, (as II) (as a general theory), to provide related products to people in the jurisdiction area.

A chance game is required to pay for a victory and define a game that makes a victory decision as a game that is all a coincidence. Gambling acts that fall under this definition are subject to a specific gambling method.

The State Treaty stipulates the main goals of gambling regulations, and stipulates that states monopolize online casino games, in some cases, operating lots, sports betting licenses, virtual slot games, online pokers, and in some cases. The Intonation Treaty is implemented by the application to a specific state law, that is, to the federal gambling law or the State Treaty. The German criminal law punishes unauthorized gambling and advertising, that is, without a German license. The Federal Ant i-Money Laundering ("AML") Act defines specific AML requirements for land and electronic game operators.

Casino gambling (brick and mortar) is regarded as a state law problem, not federal law, and is regulated by various casino laws and the state gaming/ casino ordinance. The casino method usually distinguishes a table game (roulette, card game, etc.) and slot machine games. There are pros and cons, but most of the German courts are regarded as a chance game, not a skill game. For this reason, offline pokers are only allowed at stat e-owned casinos. 1. 2 (i) The permission or regulation applied to related products in the jurisdiction area, (II) (II) (as general theory) permission or prohibited to provide related products to people in the jurisdiction area.

Casino gambling (brick and mortar) is regarded as a state law problem, not federal law, and is regulated by various casino laws and the state gaming/ casino ordinance. The casino method usually distinguishes a table game (roulette, card game, etc.) and slot machine games. There are pros and cons, but most of the German courts are regarded as a chance game, not a skill game. For this reason, offline pokers are only allowed at stat e-owned casinos. 1. 2 (i) The permission or regulation applied to related products in the jurisdiction area, (as II) (as a general theory), to provide related products to people in the jurisdiction area.

Online gambling casinos: International treaties provide for the licensing of virtual slot machine games, but it remains to be seen whether the federal states (on a state-by-state basis) will issue licenses for online casino games (especially roulette, blackjack, and baccarat) to private operators or whether the states will have a monopoly. At the time of writing, several federal states, such as Schleswig-Holstein and North Rhine-Westphalia, have opened the market to private operators. Schleswig-Holstein and North Rhine-Westphalia have laid the legal foundations for this. In Schleswig-Holstein, a tender has already been called in 2022. North Rhine-Westphalia plans to call for tenders in spring-summer 2023. Allowing identification The state of Hesse, for example, has given the city of Bad Homburg the opportunity to obtain a license under the SEC. 3(2) Hessisches Spielbankgesetz. Thuringia also provides in the Thuringian Gaming Act and in the online casino that only the state may have licenses (Article 2 (2)).

Fact: The international treaties only cover sports betting (online and retail) on sporting events or parts of sporting events, i. e. fixed odds sports betting (International Treaty 3 (1) 4). Betting on non-sporting events (such as social/economic betting or secondary lotteries) is not permitted. Pool betting (parimutuel) is reserved for a state monopoly. Previously, the Darmstadt Regional Council issued licenses for sports betting since November 2020, but since the joint gambling authorities of the federal states will issue licenses for sports betting from 2023, the Darmstadt Regional Council holds the so-called "white gold" for sports betting. At the time of writing, there are 30 licensees on the official whitelist.

Slot Machine Gaming (Amusement Playing Machines - "AWPS"): Retail gaming is regulated by federal law. Interstate compacts and state-level gaming laws contain further regulations for gaming room establishments, such as the requirement to maintain minimum distances between such establishments.

Horse races: for traditional reasons, horse races are regulated by federal legislation. The Law on bets and lotteries regulates the organization of horse racing bets and tax rules for lotteries, sports rates, virtual slot machines and an online poker in general. The interstate agreement is partially applied to races on jumps, including general requirements for licensing and protecting the players. Horse races can be offered by associations of races at hippodrome or bookmakers at retail points of betting.

Lottery, including Bingo: only state lottery companies can apply for operating licenses. Private operators can only apply for distribution licenses (brokerage licenses) that allow them to sell lottery tickets on behalf of state lottery companies to promote products offered by state lottery companies.

ソーシャル/ スキルゲーム：無料ゲームと見なされる、一般的にランダムゲームの定義に該当ないため、特別なはない。ライセンスなし運営するは可能だが、消費者法 " 制限が適用される場合ある。。

同様に、オンラインゲーム/e スポーツ提供に関してよくあることですがゲームの性質はケースバイケースで評価されます。。。ますますます

賞金競争と賞金抽選：金銭代わりに賞金または金銭的価値のある利益獲得できるゲームも、その方法によって、特定の規制該当する場合とししない場合ます。一般的に L に関する規定が適用されるしかし、国家メディアおよびおよび/ または州間条約によって作成さた建築条例や規定も、特定のシナリオは関連可能可能性。。。。。ある

2. 1 管轄区域内の人関連製品を合法的に提供するために、ような規制上の、ライセンス、許可またはそのの承認（総称し「ライセンス」）必要ですか？？？？？？？？？？？？？か？？か？？か A

ドイツに所在する人に関連商品合法的に提供するために、ライセンスが可能かどうか、どのまたはその他の認可必要か、または適用れるれる性が " によって異なります。製品、現在、以下のライセンス民間事業者に提供されい：：：：：：：

Casino games (including poker): Land-based casino license (although most casinos are state-run). Licenses for online casino games may be obtained if the states implement tender procedures or regional monopolies. The timing of future license acquisition is not yet clear. At the time of writing, Schleswig-Holstein and North Rhine-Westphalia are also using the option of opening the market to private operators. Most of the other federal states do not regulate online casinos at all or only allow state-run casinos. For example, Hesse has given the city of Bad Homburg the possibility to obtain a license. Thuringia also provides in the Thuringian Gaming and Online Casinos Act that only the state may obtain a license (sec. 2 (2)). Online operators may additionally apply to Saxony-Anhalt for licenses for virtual slot machines and online poker. German gambling regulations do not provide for B2B licenses, so there is no obligation for suppliers/developers to apply for such licenses. Any virtual slot machine games must be licensed by the authorities and tested in a testing laboratory recognized by the regulator.

Sportsbooks: A license to operate and mediate online sports betting throughout Germany. Sports betting licenses will be issued from November 2020.

Horse race betting: A gambling license under the Horse Race Betting and Lotteries Act and an online horse race betting license under Article 27. 2 of the Interstate Treaty.

Slot machine games: A license for land-based slot machine games (AWP) in gambling halls, restaurants and bars, as well as a license for virtual slot machines.

Lotteries: Licenses to intermediate traditional state lottery products (terrestrial and online), licenses to operate charity lotteries that do not publish results more than twice a week, have a maximum prize of less than €3 million, and do not plan a jackpot. The operation of state lotteries and other large lotteries, as well as traditional lotteries such as billiards betting, is a state monopoly. Private operators cannot apply for such licenses. Only licenses that allow the intermediation of state lottery products can be applied for. The operation of secondary lotteries is considered an illegal betting activity by the German regulator and is an enforcement priority for the regulator.

2. 2 If licenses are available, explain the structure of the relevant licensing regime.

In Germany, there is no single mechanism for all licensing regimes. With regard to application requirements, licensing procedures under interstate treaties, including for sports betting and virtual slot machines, generally follow the requirements indicated in question 2. 3 below. Licensing for sports betting, virtual slot machines and online poker games consists essentially of two stages: the application stage, during which the regulator issues a license application and expects all application documents to be submitted, and the suspended-licensing stage, during which the regulator implements the license according to the implementation plan approved by the regulator. In the field of virtual slots, online poker games and sports betting, in addition to the operator/broker license, a license must be applied for for each individual game/bet type offered.

2. 3 What is the procedure for applying for related product licenses?

Since each licensing procedure varies depending on the type of license applied by the business operator, the rules do not specify a general timetable in licensing procedures. However, in any application procedure, there are certain requirements that the applicant or business must be met in order to obtain a license. These are mainly related to the reliability and expertise of the applicant, and also includes the finances of the applicant. In addition, the applicant must prove that he intends to provide safe and transparent services and want to comply with gambling regulations. The applicant must prove the qualification by submitting a s o-called "concept", a detailed explanation and related policy (eg, responsible gambling, IT security, AML, operation, marketing concept, etc.). What does not go away is a typical example of German license procedures. In other words, "concept" is a business policy and guidelines for acquiring licenses.

2. 4 Is there a restriction on licensing in your jurisdiction?

Each license is limited to a limited time, and that Licensee continues to be "trusted", that is, to thoroughly comply with proper business activities, local law and tax obligations, and promote staff's personal reliability. Is required. In addition, the license is often issued with conditions such as refraining from specific advertising means. The State Treaty is limited to the Licensing Area, the region of the German Federal Republic and the German license. It should be noted that the license is given only to the business operator headquartered in the EU or EEA. A license issued by countries that do not have a bordering effect is usually limited to the region of the country.

2. 5 Provide the following features of any license: (II) Vulnerability for screening, pause, or cancellation. Since each licensing procedure varies depending on the type of license applied by the business operator, the rules do not specify a general timetable for licensing procedures. However, in any application procedure, there are certain requirements that the applicant or business must be met in order to obtain a license. These are mainly related to the reliability and expertise of the applicant, and also includes the finances of the applicant. In addition, the applicant must prove that he intends to provide safe and transparent services and want to comply with gambling regulations. The applicant must prove the qualification by submitting a s o-called "concept", a detailed explanation and related policy (eg, responsible gambling, IT security, AML, operation, marketing concept, etc.). What does not go away is a typical example of German license procedures. In other words, "concept" is a business policy and guidelines for acquiring licenses.

2. 4 Is there a restriction on licensing in your jurisdiction?

2. 5 Provide the following features of any license: (II) Vulnerability for screening, pause, or cancellation. Since each licensing procedure varies depending on the type of license applied by the business operator, the rules do not specify a general timetable in licensing procedures. However, in any application procedure, there are certain requirements that the applicant or business must be met in order to obtain a license. These are mainly related to the reliability and expertise of the applicant, and also includes the finances of the applicant. In addition, the applicant must prove that he intends to provide safe and transparent services and want to comply with gambling regulations. The applicant must prove the qualification by submitting a s o-called "concept", a detailed explanation and related policy (eg, responsible gambling, IT security, AML, operation, marketing concept, etc.). What does not go away is a typical example of German license procedures. In other words, "concept" is a business policy and guidelines for acquiring licenses.

2. 4 Is there a restriction on licensing in your jurisdiction?

2. 5 Provide the following features of any license: (II) Vulnerability for screening, pause, or cancellation.

3. Online/Mobile/Digital/Electronic Media

The license that runs a lan d-based casino issued under the Casino Law in each state usually has a license period of about 10 years, and may extend the period for another five years. The license issued based on the Gaming Law of Schlevig Holstein is 6 years, but is effectively extended due to transitional measures, and the online casino license in Schuleswig Holstein can be extended to December 31, 2024. I have sex. In any case, however, these licenses expire when a new license is granted based on the provisions of the 2021 Conditions of 2021. The Sports Betting License, which was issued based on the former State Treaty, was initially valid until June 30, 2021, but is valid as of June 30, 2021, and revised Licensee in the 2021 State Treaty. When the requirements were compliant, it was automatically extended until the end of 2022, based on the 2021 State Treaty. These were updated for another five years at the request of 2022. The first license period for sports betting, virtual slot machines, and online poker licenses based on the 2021 Izumi Treaty is five years. The subsequent license period is seven years.

Each license holder must comply with all conditions during the license retention period. If the business does not comply with the license conditions, the license may be canceled. However, the license is not immediately canceled without prior notice. Regulatory authorities are regularly contacted with businesses, commented on suspected violation of license conditions, given opportunities to deal with them, and solve problems within the specified period.

2. 6 What are the main restrictions on providing services to customers based on related products? This answer includes restrictions on promotional materials and advertising. A license that runs a lan d-based casino issued under the Casino Law in each state usually has a license period of about 10 years, and may extend the period for another five years. The license issued based on the Gaming Law of Schlevig Holstein is 6 years, but is effectively extended due to transitional measures, and the online casino license in Schuleswig Holstein can be extended to December 31, 2024. I have sex. In any case, however, these licenses expire when a new license is granted based on the provisions of the 2021 Conditions of 2021. The Sports Betting License, which was issued based on the former State Treaty, was initially valid until June 30, 2021, but is valid as of June 30, 2021, and revised Licensee in the 2021 State Treaty. When the requirements were compliant, it was automatically extended until the end of 2022, based on the 2021 State Treaty. These were updated for another five years at the request of 2022. The first license period for sports betting, virtual slot machines, and online poker licenses based on the 2021 Izumi Treaty is five years. The subsequent license period is seven years.

2. 6 What are the main restrictions on providing services to customers based on related products? This answer includes restrictions on promotional materials and advertising. The license that runs a lan d-based casino issued under the Casino Law in each state usually has a license period of about 10 years, and may extend the period for another five years. The license issued based on the Gaming Law of Schlevig Holstein is 6 years, but is effectively extended due to transitional measures, and the online casino license in Schuleswig Holstein can be extended to December 31, 2024. I have sex. In any case, however, these licenses expire when a new license is granted based on the provisions of the 2021 Conditions of 2021. The Sports Betting License, which was issued based on the former State Treaty, was initially valid until June 30, 2021, but is valid as of June 30, 2021, and revised Licensee in the 2021 State Treaty. When the requirements were compliant, it was automatically extended until the end of 2022, based on the 2021 State Treaty. These were updated for another five years at the request of 2022. The first license period for sports betting, virtual slot machines, and online poker licenses based on the 2021 Izumi Treaty is five years. The subsequent license period is seven years.

4. Enforcement and Liability

2. 6 What are the main restrictions on providing services to customers based on related products? This answer includes restrictions on promotional materials and advertising.

Casino games (including poker): Some federal states limit the number of tables and slots allowed in casinos. However, there are no restrictions on payout, maximum winning or loss, and game time. Prohibited players cannot enter the game area or play at a casino. Strict admission management must be carried out to guarantee this. These management also include the players with a national database. Online casino licenses are enforced for each state, and have not yet decided whether the state will operate online casino games exclusively by the state or to issue a license to private businesses. At the time of the writing, Schlevi g-Holstein and Nortrin e-Vestfahrene use options to open the market to private businesses. The upper limit of the number of casino licenses for each state is limited, and the number of casinos in the state and mortar casinos are the same. The "online casino game" is defined as a "live broadcast of bunker replicas and lan d-based bunker games that can be played on the Internet", which is essentially a table game or live casino.

Virtual host licens have become available since the international treaty came into effect. Basic restrictions include restrictions on the participation of one spin, a minimum spin time, 5 seconds, the prohibition of auto contrast functions, and the ban on jackpots. At the same time, some operators were forced to reduce RTP by stock tax.

The online poker license can be implemented with a regulator in Saxen Anhardt. The number of tables that players can play at the same time is limited (up to four). Other restrictions are listed in the license. Video pokers are not currently licensed. Casino game (including poker): Some federal states restrict the number of tables and slots allowed by casinos. However, there are no restrictions on payout, maximum winning or loss, and game time. Prohibited players cannot enter the game area or play at a casino. Strict admission management must be carried out to guarantee this. These management also include the players with a national database. Online casino licenses are enforced for each state, and have not yet decided whether the state will operate online casino games exclusively by the state or to issue a license to private businesses. At the time of the writing, Schlevi g-Holstein and Nortrin e-Vestfahrene use options to open the market to private businesses. The upper limit of the number of casino licenses for each state is limited, and the number of casinos in the state and mortar casinos are the same. The "online casino game" is defined as a "live broadcast of bunker replicas and lan d-based bunker games that can be played on the Internet", which is essentially a table game or live casino.

The online poker license can be implemented with a regulator in Saxen Anhardt. The number of tables that players can play at the same time is limited (up to four). Other restrictions are listed in the license. Video pokers are not currently licensed. Casino games (including poker): Some federal states limit the number of tables and slots allowed in casinos. However, there are no restrictions on payout, maximum winning or loss, and game time. Prohibited players cannot enter the game area or play at a casino. Strict admission management must be carried out to guarantee this. These management also include the players with a national database. Online casino licenses are enforced for each state, and have not yet decided whether the state will operate online casino games exclusively by the state or to issue a license to private businesses. At the time of the writing, Schlevi g-Holstein and Nortrin e-Vestfahrene use options to open the market to private businesses. The upper limit of the number of casino licenses for each state is limited, and the number of casinos in the state and mortar casinos are the same. The "online casino game" is defined as a "live broadcast of bunker replicas and lan d-based bunker games that can be played on the Internet", which is essentially a table game or live casino.

Sports betting: Betting, including (fantasy) pools (Tote), remains subject to state monopolies. Non-sports betting, e. g. economic and social betting, is prohibited. With regard to betting on games, the situation is unclear. The Interstate Treaty prohibits certain forms of in-game betting, but does not provide a clear definition of the prohibited in-game elements. At the time of writing, there is a white list of permissible sports betting, including football, handball, tennis, auto racing, ice hockey, darts, skiing, biathlon, bobsleigh, curling, ice skating and luge. Further controversies are expected in the future on the issue of banning/allowing bets. Furthermore, the Interstate Treaty provides a cross-deposit limit of 1. 000 euros per player per month, which must be respected. However, exceptions may be allowed under certain circumstances up to 30. 000 euros per month. A cross-operator database and monitoring system called "Lugas" ensures that deposit limits are respected, players are not linked to multiple operators at the same time and are not currently banned. At the time of writing, industry associations have raised serious legal concerns about Lugas' compliance with data protection law. The background to this is that

Horse racing bettingHorse racing betting operators must comply with certain share restrictions, such as:Bookmakers operating at racetracks cannot accept bets less than 15 euros. There is also a monthly deposit limit for online horse racing bets.

Slot machine gamesIn addition to gambling in casinos, there are also several restrictions on gambling offered in other establishments, such as gaming rooms, restaurants and bars. These restrictions mainly relate to the number of machines allowed (gaming rooms: maximum 12 machines, restaurants/bars: maximum 2 machines), the minimum distance between game rooms (250 meters to 500 meters) and game restrictions (minimum/maximum bet amount, payout percentage, game time). For virtual slot games, see above.

Lottery (including billing): Lottery should not be operated by private businesses. Lottery should not be operated by private businesses.

Important promotions and ads related to the above: Gambling ads are in a very restrictive system in Germany, many laws and the norms of the German Advertising Council of the German Advertising Council. Includes special laws for minor protection, such as the Law of Unfair Competition, Minema Protection Law, Broadcasting Treaty, and Nocturnal Treaty on the Protection of Minors in the Media, affected by regulations. In general, advertising means should not be a minor or other weak target groups, and should not be misleading. Businesses usually must submit a marketing concept that stipulates how to advertise the product, prior to advertising.

In many cases, especially in the lan d-based casino field, the issued license specifies further advertising restrictions. Unrelated gambling ads, misleading ads, and ads for minors and other risk groups are prohibited. With the 202 1-National Treaty, businesses have no need to acquire advertising licenses individually. New restrictions based on this inte r-state treaty include milestones between 06:00 and 21:00 on virtual slot machines and online poker games (and online casino games), and the ban on reveng e-based rewards. Includes advertising restrictions. The regulatory authorities have formulated additional guidelines to further regulate the permitted range. For example, there is a ban on advertising by influencers that exceed the current range. Further restrictions are applied and specified by license or authorities.

2. 7 What is the tax and other compulsory burden?

The characteristic of taxation on gambling products is to greatly depend on the type of product and the regulations of each federal state. As a result, the tax rate is quite different throughout Germany. Lottery (including billing): Lottery should not be operated by private businesses. Lottery should not be operated by private businesses.

5. Anticipated Reforms

2. 7 What is the tax and other compulsory burden?

Production Editor's Note

The characteristic of taxation on gambling products is to greatly depend on the type of product and the regulations of each federal state. As a result, the tax rate is quite different throughout Germany. Lottery (including billing): Lottery should not be operated by private businesses. Lottery should not be operated by private businesses.

Important promotions and ads related to the above: Gambling ads are in a very restrictive system in Germany, many laws and the norms of the German Advertising Council of the German Advertising Council. Includes special laws for minor protection, such as the Law of Unfair Competition, Minema Protection Law, Broadcasting Treaty, and Nocturnal Treaty on the Protection of Minors in the Media, affected by regulations. In general, advertising means should not be a minor or other weak target groups, and should not be misleading. Businesses usually must submit a marketing concept that stipulates how to advertise the product, prior to advertising.
In many cases, especially in the lan d-based casino field, the issued license specifies further advertising restrictions. Unrelated gambling ads, misleading ads, and ads for minors and other risk groups are prohibited. With the 202 1-National Treaty, businesses have no need to acquire advertising licenses individually. New restrictions based on this inte r-state treaty include milestones between 06:00 and 21:00 on virtual slot machines and online poker games (and online casino games), and the ban on reveng e-based rewards. Includes advertising restrictions. The regulatory authorities have formulated additional guidelines to further regulate the permitted range. For example, there is a ban on advertising by influencers that exceed the current range. Further restrictions are applied and specified by license or authorities.

Elim Poon - Journalist, Creative Writer

Last modified: 27.08.2024

This country-specific Q&A provides an overview of Gambling laws and regulations applicable in Germany. DOCV dismisses GGL black market data, warns review of German gambling regulations faces delays Germany's black market is far bigger than the. Gambling Laws and Regulations covering issues of Relevant Authorities and Legislation, Application for a Licence and Licence Restrictions.

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