🤑 Italy ‘s first move towards the regulation of remote gambling B2B operators - CDC Gaming Reports

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Gambling is legal in Italy and operators are licensed and regulated. There are 18 casinos open for business and several gambling operators in Italy. The legal.


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Gambling is proclaimed as illegal when organized in a public place, private club or a place that is open to public. In addition, Italian Criminal law sets a clear.


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Gambling was legalized in the s, but the legislation has undergone modification throughout the years, so today Italy has one of the most.


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The Italian Government has just issued the Fiscal Law Decree, which is intended to introduce new fiscal measures jointly with the Budget bill for.


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Gambling is proclaimed as illegal when organized in a public place, private club or a place that is open to public. In addition, Italian Criminal law sets a clear.


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Gambling, defined as a game of luck rather than skill, was completely illegal under Italian Continue Reading.


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Italy casinos and gambling guide has information such as: A Italy casino list, poker tournaments, information on slots, pari-mutuel (greyhounds & horses), Texas.


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Operators have to safeguard players and the legality of the game. In the past two years, under the so-called Balduzzi Decree former Ministry of Health , laws have been enacted on advertising for gaming operators. ADM is empowered to issue and manage the public tender, award the licences, define the relevant structure as well as regulate the relevant operations. However, only one type of currency can be used EUR. It is forbidden to offer gaming to anyone that does not hold an Italian fiscal code. Specific regulations are also issued in connection with new games. Stake limits are fixed for each kind of games. Licensees have the responsibility to pay the players; if not the licence, can be revoked by the ADM. The Dignity Decree outlaws any form of advertising, even indirect, relating to games or betting with monetary prizes carried out through any means includes sporting, cultural or artistic events on TV or radio in the daily and periodic press, publications, on billboards and on the internet. Currently, the Government is focusing on implementing a revised standard which will further strengthen the anti-money laundering policy. Customers can use bank cards to play on a website that offers licensed gaming. There is also a further ban on sponsorship of events, activities, products or service and all forms of promotional communication. Another important role of ADM is the prevention and combatting of tax evasion and non-tax offences in its areas of competence. Public tenders for gaming licences are issued by law. Even marketing for licensed operators has gone through a process of restrictive provisions. The ADM the regulating body has pursued a campaign to punish content providers that offer their products to unlicensed operators. For instance, ADM can revoke the licence in case of non-payment of the duties or for criminal convictions. Authorised and regulated games in Italy:. An act providing for the progressive reduction of AWPs was approved in , so the number of such machines should be reduced from , to , This reduction is apparently under way. Gambling activities are regulated by primary legislation civil code and specific law provisions and secondary legislation ad hoc regulations generally issued by the national gambling authority. Licences are granted for a certain period of time. Paragraph 6, in case of violation, provides for an administrative sanction of EUR , to , for the customer of the advertisement and for the owner of the medium. The challenges to Italian enforcing rulings at the Court of Justice have confirmed the validity of the Italian licensing system through concessions, and the right to enforce against violations. Once a concession is granted, a relevant contractual instrument convenzione ruling the terms for providing the services, including obligations, requirements and guarantees, is normally entered into between the awarded licensee and ADM. In Italy, money laundering is considered a criminal offence — as per Article bis of the Criminal Code. As the service providers all fall under Italian law, the civil code and other laws shall be applied. Please include in this answer any material promotion and advertising restrictions. Among its duties, ADM is entrusted to: i verify that the gambling operators operate in compliance with the applicable laws and regulations; ii issue licences as defined hereinafter ; iii restrict illegal gambling; and iv collect gaming-related duties and taxes. Foreign operators also have to comply with the laws. Stability Law :. The economic offer proposed by bidders is generally a crucial — but not the only — criterion to evaluate the applications. Among its main roles is the regulation and control of the gaming sector in Italy, constantly verifying the obligations that the licensees and operators of the sector are required to perform, and exercising an action to combat illegal gaming. A number of laws and regulations have been issued over the years in respect of the Relevant Activities. As long as the machines are connected to central systems, ADM is provided with effective enforcement capacity as it can exercise its supervisory activity constantly and take actions in real time. The guidelines leave some areas of operation, but there is no doubt that marketing strategies created for other jurisdictions can longer be just translated for use in Italy. It is generally possible to transfer licences, normally by means of a transfer of a going concern or of the shares of the company holding a licence. As gaming is a monopoly system of the Italian State, licensees must abide by important social responsibility requirements, which include: the protection of minors; the protection of players; providing secure payment systems to prevent the abuse of public trust; and training their staff on detecting problematic players and gambling behaviour. ADM prescribes strict terms and timing for: i notification of ADM of the location and tracking movements of the machines; ii disposal and destruction of the machines within six months from the cessation of the relevant authorisation and relevant communications; and iii transference of the machines abroad to foreign operators and relevant communications. Possible breaches of the applicable gambling laws and regulations are investigated by ADM as well as police forces, depending on the violations. Gaming Junket is not allowed. On 26 April , Agcom finally adopted the Italian gambling advertising guidelines on the scope of the ban. Whereas the general principle under the Civil Code is that gambling debts are not recoverable, within licensed gaming, they are indeed recoverable. In the recently issued tender for the award of online gaming licences, participants were required not to have an interest in sports teams or activities which may raise potential conflicts of interest. Often, the release of bonds or financial guarantees is required. Compliance with privacy and data protection laws and regulations is also required of licensees and other players in the gambling sector. Unless expressly authorised, Relevant Activities are prohibited. The last tender for online gaming, launched in January , was for the award of four-year period licences, thus expiring in In case material breaches are ascertained, the licence can be suspended and also revoked. The Stability Law confirmed the provisions of the Balduzzi Decree, adding other restrictions and banning the advertising of games on radio and television broadcasts from 7am to 10pm every day. AWPs and VLTs can be installed in authorised commercial premises, gaming houses, betting shops and bingo halls. From 1 January , the single tax has been increased by Law no. Since illegal gambling may also be determined to constitute tax evasion, tax authorities and Guardia di Finanza the Italian law enforcement agency under the authority of the Minister of Economy and Finance play a role in restricting illegal gambling and tax law violations. If they do not comply, ADM can block the website s. Certain licences are granted to one or a few operators, and others to a broader number, depending on the Relevant Activities. Thus, offering non-authorised Relevant Products is illegal and in the most serious cases may be deemed as a criminal offence. In addition, integrity requirements are provided, so that participation in a tender is restricted to entities including the directors that have not committed certain criminal offences, and whose activity is carried out in compliance with tax and employment laws. The games offered to customers must include elements of skill or entertainment. In certain cases contemplated by Articles , and of the Italian Criminal Code, imprisonment may be imposed. To this end, in application of the directives given by the Ministry of the Economy and Finance, it takes particular care of risk analysis and database management and carries out checks, verifications and investigations with fiscal and judicial police powers assigned by law to the staff of the Agency, as well as through collaboration with other national, local, European Union and international authorities and bodies institutionally assigned to specific operational areas.{/INSERTKEYS}{/PARAGRAPH} Have fines, licence revocations or other sanctions been enforced in your jurisdiction? As defined by the subsequent decree of the Minister of Economy and Finance, in agreement with the Minister for Economic Development of 19 July , national lotteries and sponsorships in the fields of culture, education and research, sports, health and care are excluded from the restrictions of specialised media. Due to ADM regulation, in Italy, regulated gambling contracts are valid and enforceable. Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated? The relevant principle is stated in Article 1 of Legislative Decree no. For land-based gaming operators, there is a limit fixed at EUR 3, payable directly to the winning player by cash. New slots and VLTs are permitted. The duration of a licence varies depending on the Relevant Product and is usually set out in the calls for tender. With regard to advertising, the Government intends to accentuate the action taken to combat pathological gambling. This took effect on 1 January The penalties are heavy for gambling and media companies who are in breach. On 7 September, the Italian Government and the representatives of the regions concluded the work of the Unified Conference — initiated by Article 1, paragraph Law no. Operators adopting the first initiatives in the new regulatory environment might face the risk of having to deal with AgCom in order to explain why their approach is correct. Distribution and installation are subject to specific licences nulla-osta. Operators can only offer regulated games. Licensees are under a duty to deal carefully with possible conflicts of interest. {PARAGRAPH}{INSERTKEYS}ICLG - Gambling Laws and Regulations - Italy covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability — in 39 jurisdictions. The licensee has to provide to the ADM a guarantee for the commitment of the gaming business that have to be adjusted each year, depending on the turnover of the games. Italy adopts such legislative and other measures as may be necessary, in compliance with European regulations. The company has to conduct the licence pursuant to regulation, with particular attention to tax obligations. A tailored-made approach shall be necessary for the Italian market. But they could also enjoy a competitive advantage. The latest available list, updated in , awarded 12 licences. In the last few years, tenders for licences have been opened to non-Italian operators, in line with EU and international trade principles of free competition. The State maintains the power to regulate, control and limit the exercise of Relevant Activities. Terms and conditions are established in the law. Telematic networks are managed and operated by licensees granted licences by ADM. Provisions affecting gambling are sometimes contained in acts concerning different and various subjects. The transfer is subject to the approval of ADM, which verifies that the intended transferee possesses the requirements set out by applicable laws to hold a licence. ADM constantly supervises the operations of the licensees. Construction requirements must be certified. Operators that offer Relevant Activities without the correct licence may face both administrative and criminal sanctions. ADM performs its functions precisely, as is right for a tax agency. Most common requirements relate to economic, financial and technical matters. The proportionality of sanctions with the protected principle has to be respected. The decree prohibits advertisements of games with cash prizes in television, radio broadcasts, theatrical or cinematographic performances, mainly directed at young people; the decree prohibits advertisements of games with monetary prizes in newspapers, magazines, publications, television and radio broadcasts, cinemas and theatrical performances, and on the internet, that encourage children to play. The Government pledged to open a European comparison to promote a homogeneous community legislation on advertising. As a consequence of breaches of the obligations placed on the licensee, the licence may be suspended and also revoked if the breaches are not remedied or are continued, particularly for the most serious violations. For online gambling, online operators shall grant to each player the possibility of auto-excluding himself from the game and shall grant to each player the possibility of setting up a stop loss on a daily basis players can auto-limit the amount that can be lost in a day.