Online Gambling Laws in Denmark Under Fire

Published Saturday, October 10, 2009 -

As reported by recent the online gambling laws in Denmark have hit a snag in their implementation. Originally the Danish legislators drafted new online gambling laws in that country to comply with rules set out by the European Union to create a level playing field for a more open online gambling industry among member states.

The draft regulations made available to the European Commission earlier this year drove the commission to a three month waiting period while it could assess the proposed law's compliance. After looking at the propositions made by Denmark the E.C. decided it would impose a further waiting period because the E.C. felt the laws did not fully adhere to guidelines set out by the commission. Now Denmark can not move forward on it's regulations until November 9th of this year.

The European Gambling and Betting Association's secretary general, Sigrid Ligné, said in a statement, " We support the Danish government's intention to move forwards towards a regulated opening of the online gambling market, but this has to be done in compliance with E.C. law requirements. We welcome the European Commission's continued resolve to ensure that all gaming and betting legislation in the E.U. complies with the core principles of the E.C. Treaty." The secretary general added, E.U. consumers demand a diverse, safe and secure online gaming and betting offer. More and more Member States are responding to these demands by moving away from their existing system of a gambling monopoly to a licensing system adopted to the internet."

The EGBA statement details its objections to the Danish draft proposal, stating that the licensing regime fails to take into account securities and controls already offered by other EU jurisdictions, in conflict with jurisprudence of the European Court of Justice. It also contends that Danish state monopoly is continued on inter alia pool betting for horse racing.

The introduction of ISP and financial transactions blocking and a marketing ban was also a bone of contention as is the prohibition for non-Danish residents to participate in Danish licensed games. The Danish government has a month to adopt recommendations by the E.C. or it may face legal action imposed on the government by the Commission.

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