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Association (EGBA) at promo.skachay-video.online 10 See A. del Ninno, Online Gambling in the European Union: A. Compared Analysis of the Current Legal Framework.


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Online Gambling and Legal Landmines

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Europe's current online gambling regulation is highly fragmented causing many problems for consumers, gambling authorities and online gambling.


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Justice Department: Online Gambling Illegal Under Wire Act

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THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Towards a comprehensive European framework for online gambling.


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The European Gaming and Betting Association (EGBA) is the Brussels-based trade association representing the leading online gaming and betting operators.


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Europe's current online gambling regulation is highly fragmented causing many problems for consumers, gambling authorities and online gambling.


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THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Towards a comprehensive European framework for online gambling.


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Based on an in-depth public consultation, this Communication sets out an action plan which seeks to enhance clarity throughout the EU for the benefit of.


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Responsibility in the Online Gambling Industry: James Kosta at TEDxUniversityofNevada

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THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Towards a comprehensive European framework for online gambling.


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European Commission's Communication 'Towards a Comprehensive European Framework for Online Gambling' addresses all relevant challenges caused by.


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Online Gambling: Never been easier?

In order to ensure effective implementation and enforcement of gambling rules and efficient cross-border administrative cooperation, every Member State should have well-equipped regulatory authorities in place. The Commission's actions on administrative cooperation will help Member States to better understand each other's regulatory frameworks, share good practices and improve convergence in tackling common problems. In the past years infringement cases have been launched by the Commission against a significant number of Member States and remain under investigation to date. As a second step, through dialogue with Member States, the Commission will further explore the possibilities for an exchange of personal data, in compliance with national and EU rules on data protection. Actions aimed at fostering administrative cooperation also need to result in a reduction of unnecessary administrative burdens, in particular in the authorisation process and the supervision of operators authorised in more than one jurisdiction. Member States must demonstrate that the public interest objectives they have freely chosen to ensure are being pursued in a consistent and systematic manner and they must not undertake, facilitate or tolerate measures that would run counter to the achievement of these objectives. The Commission uses the in-depth factual information gathered from the Green Paper consultation as well as the latest case law of the CJEU in its on-going assessment of national legislation in the pending infringement cases and complaints. Successful administrative cooperation requires a clear definition of the areas Member States can request and exchange information on and develop common actions and initiatives. Effective enforcement by Member States of their national legislation — a key prerequisite of which is compliance with EU law — is essential for the attainment of the public interest objectives of their gambling policy. In response to the societal, technological and regulatory challenges, a significant number of Member States has recently reviewed their gambling legislation to take account of new forms of gambling services. Ensuring compliance of national law with the Treaty is therefore a prerequisite of a successful EU policy on online gambling. In an inherently cross-border environment consumers must be able to make informed choices and be able to recognise an authorised gambling offer. Enhancing administrative cooperation will assist Member States and gambling regulators in their regulatory and supervisory role and improve the quality of their work. National regulatory systems must respect EU law. These regulatory changes have led to an increase in the offer of gambling services by operators authorised in an EU Member State over the last few years and to considerable differences in national regulations. The extensive range of offers and the rising level of demand for online gambling services pose a number of challenges when it comes to ensuring the proper implementation of public policy objectives at the national, EU and international level. Such measures also need to be carefully assessed in the light of safeguarding fundamental rights and fundamental freedoms of the TFEU. National regulatory authorities need to have adequate competences and know-how in order to deal with regulatory challenges in a rapidly growing and technology-based market. In this respect, compliance with the EU acquis on data protection shall be ensured[13]. The nature of the online environment means that gambling sites may operate in the EU, outside any form of control carried out by regulators within the EU. The assessment also focuses on the transparency and non-discrimination of licensing schemes as well as on the proportionality of licensing conditions. Compliance of these national rules with the Treaty has been challenged in front of national courts and questions on the interpretation of EU law have been referred to the Court of Justice of the European Union CJEU. Practical cooperation will enable Member States to become familiar with the systems and practices of others, and to develop closer working relations at the operational level. In order to coordinate actions and promote initiatives addressed to countries outside the EU, the Commission will together with Member States identify issues to be raised with third countries and seek to strengthen dialogue with them. There has also been a development in cross-border offers, often not authorised under national rules in the recipient Member State. Preventive protection measures should be aimed at precluding minors gaining access to gambling content.{/INSERTKEYS}{/PARAGRAPH} It also seeks to propose answers to these challenges in the form of actions to be taken both at the national and EU level. In addition, greater and long term collaboration between Member States would enhance the EU's capacity to more effectively tackle the international dimension of online gambling. They also restrict the freedom of operators established in other Member States to provide gambling services. This will require in particular a clear definition of the specific purposes of data processing in order to ensure data quality and minimisation and compliance with other data protection requirements. Preventive enforcement measures aim at reducing the initial contact of citizens with the offer of cross-border online gambling services which are not compliant with the legislation in force in the recipient Member State "unauthorised" [15] and at ensuring compliance with national gambling rules and common principles, such as player education and information, understanding players' choice and behaviour and encouraging responsible business conduct. The development of an attractive range of legal gambling opportunities is also key to effectively prevent consumers from going on unregulated sites. In order to ensure the successful implementation and application of a gambling policy at national and EU level Member States need competent regulatory authorities, cooperating with authorities in other Member States and using all available efficient enforcement means. Throughout the EU Member States converge on the objective of protecting citizens although they differ in terms of the regulatory and technical approaches undertaken to achieve this objective. This Communication, together with the accompanying Commission Staff Working Document[5], identifies the key challenges posed by the co-existence of national regulatory frameworks within the Internal Market. Several of the initiatives announced in this Communication will imply the processing of personal data. The Commission will, wherever necessary, take action to enforce the relevant Treaty provisions in respect of any national rules not complying with EU law, taking into account the latest case law of the CJEU. While Member States usually offer legitimate reasons for the restriction of cross-border gambling services, they must nonetheless demonstrate the suitability and necessity of the measure in question, in particular the existence of a problem linked to the public interest objective at stake and the consistency of the regulatory system. In some European jurisdictions, monopolistic regimes offering online gambling services have been established. The right balance needs to be struck and measures to protect consumers should not have the adverse effect of leading players to seek more attractive offers on unregulated sites. {PARAGRAPH}{INSERTKEYS}The economic significance of the sector is also shown by the high level of innovation of the EU industry and the increasing amount of tax revenues generated in the Member States. Many of these challenges are of a cross-border nature, often originating from outside the EU. Finally, this Communication responds to the Council's conclusions on the framework for gambling and betting in the EU Member States[8], a series of Presidency progress reports[9], the resolution of the European Parliament on online gambling in the Internal Market[10] and to the Opinion of the European Economic and Social Committee[11]. Furthermore, the compliance of draft national legislation on on-line gambling with EU law will continue to be assessed under the so-called notification procedure[12]. Enhanced administrative cooperation is imperative if today's regulatory challenges are to be met. These include the internet and other means of electronic or distance communication such as mobile phone technology or digital TV. The proposed actions focus on online gambling services and issues linked to the free movement of services Article 56 TFEU and the freedom of establishment Article 49 TFEU in light of the growth of online gambling in the EU and the well-developed cross-border supply of such services. These proposed actions seek to address the risks emanating from unregulated markets and organised crime, such as fraud and rigging of events. While Member States are in principle free to set the objectives of their policy on games of chance and to define in detail the level of protection sought, national regulatory frameworks have to comply with EU law and internal market principles and rules. These are run either by a state-controlled public operator or by a private operator on the basis of an exclusive right. Appropriate action in the EU is needed so as to: 1 draw consumers away from unregulated and potentially harmful offers, 2 protect minors from accessing gambling facilities, 3 safeguard other vulnerable groups and 4 prevent the development of gambling-related disorders[18]. In light of this, the Commission proposes to undertake action, together with the Member States, designed to offer a common and high level of protection to all European consumers and citizens, including minors and vulnerable groups. However, a number of the actions are pertinent to both online and offline gambling services[7]. In a series of judgements, the CJEU has provided general guidance on the interpretation of the fundamental freedoms of the internal market in the area of online gambling, taking into account the specific nature of gambling activities, with a view to enabling national courts to assess the circumstances under which restrictive national gambling laws are justified on grounds related to the general interest. Few Member States prohibit the offering of games of chance on the internet, either for all games or for certain types, such as poker and casino games. Overall, it does not appear appropriate at this stage to propose sector specific EU legislation. Effective enforcement depends, inter alia, on a sound organisational structure and full competences for the national gambling authority, adequate administrative cooperation with other regulators and suitable enforcement tools. As not all regulatory authorities may have full competences for the supervision of the gambling market they may need to cooperate with other relevant authorities at regional or national level in order to meet demands for cooperation from other Member States' regulators and not to fall short of their expectations. Furthermore, an appropriate structure has to be in place, with a clear mandate for cooperation which can address the operational needs of regulatory authorities. The responses to the consultation differ both in terms of the content and the instruments that should be used for EU initiatives. It is important for authorised operators to be able to offer sufficiently attractive products, because in the absence of credible and sustainable offers consumers will continue to turn to unregulated gambling websites, with the ensuing potentially harmful effects. Responsive enforcement measures, such as limiting access to websites offering unauthorised gambling services or blocking payments between players and unauthorised gambling operators, have certain benefits but also possible shortcomings. The national rules focus mainly on consumer protection objectives, in particular the prevention of problem gambling and the protection of minors, and on crime and fraud prevention. Through that public consultation it sought to obtain a full picture of the existing situation, to facilitate the exchange of best practices between Member States and to determine how, in due consideration of their public policy objectives and without undermining the internal market, the differing national regulatory models for gambling can coexist and whether specific action may be needed at the EU level to ensure greater coherence. However, there was an almost unanimous call for policy action at EU level and the responses allow for a clear identification of the key priority areas where action is required. All citizens should enjoy a high level of common protection throughout the internal market. In view of the type of challenges posed by the development of online gambling and their implications for each Member State it is not possible for Member States to effectively address these challenges alone and to provide individually a properly regulated and sufficiently safe offer of online gambling services. In view of the developments regarding the offer and promotion of online gambling in the EU greater clarity is needed. Member States may restrict or limit the cross-border supply of all or certain types of online gambling services on the basis of public interest objectives that they seek to protect in relation to gambling. The certification and standardisation of online gambling equipment can also play an important role in this respect. Consumers in Europe also search across borders for online gambling services which, if not properly regulated, may expose them to significant risks. This Communication proposes a combination of initiatives and relevant measures covering a range of issues, seeking to enhance legal clarity and establish policies based on available evidence. The Commission is preparing a horizontal initiative on notice-and-action procedures which should provide the clarity needed. The Commission has drawn from good practices in the EU and Member States in order to propose responses to the varied range of issues related to online gambling. A first immediate step on cooperation is to focus on exchange of general information and best practice, in order to share intelligence and experience and to build trust and a sense of mutual interest between regulators. The precise form of cooperation between national regulators depends on the kind of information and data that can be exchanged between the authorities. It is estimated that about 6. National rules which prohibit the provision of gambling services authorised in other Member States were found to restrict the freedom of national residents to receive, over the internet, services offered in other Member States. Action requires efforts of all stakeholders. A number of Member States has experience with protecting consumers in the online environment. In addition, cooperation could be enhanced via the network established by the Consumer Protection Cooperation Regulation which allows cross-border enforcement actions[16]. Simultaneously with the adoption of this Communication, the Commission is inviting the Member States concerned to provide information about the latest developments of their gambling legislation. Therefore, action at EU level should aim at adequately protecting all citizens in Europe within a balanced regulated environment. Responsive enforcement measures that require online intermediaries hosting illegal gambling offers to take action take down the offer or disable access to the offer to customers in specific Member States , could benefit from clarification as regards the procedures to be followed. Overall, the initiatives are expected to contribute to an improved framework governing online gambling services in the EU and pave the way for strengthened cooperation between Member States' regulatory authorities. A common set of principles elaborated at EU level should aim at ensuring a high level of consumer protection. A growing number of Member States has however established licensing systems thus allowing more than one operator to offer services on the market. The Member States against whom infringement cases are open or complaints have been registered will be asked to provide legal and factual updated information to enable the Commission to complete its assessment of compatibility with EU law. The Staff Working Document provides more detailed information resulting from the analysis of the responses to the Green Paper, the proposed initiatives in this Action Plan, as well as relevant data. Faced with information overload, consumers do rely on labels[20]. The CJEU has confirmed that the provision and the use of cross-border gambling offers is an economic activity that falls within the scope of the fundamental freedoms of the TFEU. While fully respecting each Member State's right to determine the regulatory framework for gambling services, the Commission sees significant benefits in the development of a range of authorised gambling opportunities in order to effectively dissuade consumers from using other gambling offers. The fast pace of online technologies development in recent years has facilitated the provision of gambling services through diverse remote distribution channels. Improving the protection of consumers and the regulatory environment is in the interest of all Member States and all stakeholders. Therefore, the Commission encourages that details of the relevant regulating authority feature prominently on the website of operators and that the level of consumer information and knowledge is improved. The gambling industry has also developed valuable technical expertise and self-regulatory approaches for socially responsible gambling. Online gambling regulation in Member States is characterised by a diversity of regulatory frameworks. These actions, fully taking into account the principles of subsidiarity and proportionality, highlight five priority areas to address the challenges in the EU:. Cooperation within the EU will not respond to all the challenges in the online gambling market.