Recently, Jakub (Head of Legal at Endorphina) had an interview and dropped some professional insights and thoughts about Germany, their new regulations, the treaty, and more.
So, big things are happening in Germany, right?
Yes, Germany was always a rather complicated market. The need for new gambling legislation to fully legalize online gambling was very urgent. Finally, there is hope when the new legislation has been introduced in 2020. And in spring 2021, the number of states to approve the new gambling treaty was met and Germany’s State Treaty on Gambling aka “Der Glücksspielneuregulierungstaatsverag” will become effective from the 1st of July 2021.
The Treaty on Gambling becomes effective in July, does that mean that starting from July all operators must have a respective gambling license issued by German regulator?
No, it does not mean that. Germany is not that far in the process and the new regulatory body must first be established. Work to establish this body is underway, and sources suggest it will be fully operational by the end of 2022.
When the regulatory body is not established yet, how will Germany apply or enforce new rules introduced in the Treaty on Gambling?
The transitional regime has been introduced and does stipulate guidelines that certain online gambling offerings, namely those of virtual slot machines and online poker, which are actually not yet permitted under the current Interstate Treaty on Gambling, will be exempt from enforcement if operators meet certain requirements that are recognized as technically feasible. Basically, it is some sort of “gentleman agreement” between operators and the government saying: “follow the rules and we will leave you alone”. However, such “guidelines” cannot be mistaken with an effective law!
What requirements must be met in order to comply with the guidelines of the transitional regime?
It is a set of various rules. For…