Belgium to Tackle Issues with New Online Gambling Laws

Published Tuesday, October 11, 2011 -

Recent difficulties with Belgium’s economy have politicians looking at ways to create revenues for the state that were previously untapped. Online gambling is one of those sources that has been making progress in establishing itself in a regulated and licensed environment.
Major changes were introduced last January first 2011 that with new legislation contains precise regulations for online games that involve taking a chance and making bets. The new legislation has broad restrictive clauses including the need for a licensee to have a physical connection to the Belgian nation. only those operators licensed to operate in a bricks and mortar environment can obtain a license to offer the same games online.

It is illegal to offer casino games, advertize or recruit by providing access to payment processing providers or online web sites that offer gambling.
 Two recent developments have brought the most attention to the legislation. First is the compliance issue with the rest of the European Union’s framework for online gambling rules. A judgment brought forth by the Belgian Constitutional Court has created questions regarding several of the legislation’s clauses. Royal Decrees have been issued impacting the regulatory framework proposed in Belgium’s reforms. The first Royal decree lays down the form of the supplementary license and how an application for an additional license must be submitted and verified. In addition, the Royal decree states that the applicant is responsible for a permanent data link between the operator and the Gaming Commission.

Looking  at the laws recently adopted by Belgium it appears that there are missing elements to the legislation and in the case of the E.U’s Court of Justice which held that “the categorical exclusion of operators whose seat is in another Member State appears disproportionate, as it goes beyond what is necessary to combat crime”, since there are “various measures available to monitor the activities and accounts of such operators” All said and done the law may need some revision but at least the government of Belgium is attempting to sort out the issues.


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