Online gambling on the rise: Is Slovakia getting it right?

Unlike traditional land-based gambling, online gambling in Slovakia is currently burdened with the fact that only certain types of online gambling are available to the private sector (such as online betting), and the rest (including online casino games) are subject to a state monopoly, meaning that only a state-owned company may hold a license to run online casino games. Notwithstanding this restriction, in the past many foreign online gambling operators continued to offer online gambling entertainment solutions to Slovak-based customers without facing much pressure from the Slovak authorities. However recent regulatory and legislative proposals and changes look set to change the gambling landscape in Slovakia.

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In 2017, a new amendment to the Slovak Gambling Act was brought into force, introducing (among other restrictions) a black list and censorship of the websites of non-licensed gambling operators. Since 2018, pursuant to that act, the Slovak authorities have stepped up enforcement against operators running online gambling activities without a licence in Slovakia. In addition, running or advertising of non-licensed foreign gambling games on Slovak territory is subject to rather heavy fines.

In May 2018, a new Gambling Bill was introduced in reaction to increasing popularity of online gambling. The new bill seeks to regulate online gambling rather than fight against it, in particular by establishing a licensing system for commercial online gambling. Nonetheless, a gambling provider will have to meet the condition of having its registered office in Slovakia or another EU member state. In addition, in its current form the bill requires online gambling providers to pay (1) an application licensing fee (€ 3 mil for an online casino), and (2) regular levies (i.e. gambling tax), just like any other licensed gambling providers. The proposed levies for online casino providers are 23% of annual gross gaming revenue.

Moreover, administratively, a new Gambling Office is to be established. It will have broad powers over licensing, inspecting and issuing methodological guidelines on gambling.

In the new bill, most of the previous recently-added rules remain, such as blacklisting (censorship) of non-licensed games, the register of excluded persons (incl. players under 18), etc.

However, it should be noted that we are still referring “only” to a bill, and it is likely that some changes will occur before the final version passes through parliament. According to the current plan, the new Gambling Act should come into force in March 2019, with licensing for online gambling available as from 2020.

The bill proposes a large number of strict rules (e.g. gambling safety measures) and licensing application fees (e.g. € 3 mil for online casino) that might discourage some operators due to the size of the Slovak market, but will also make licences for online gaming available to the global private sector.

We consider this to be a positive step forward in the gambling industry and hope that the practical implementation of the new Gambling Act will bring some fresh air to the world of online gambling in Slovakia.

Robert strenghthens our Slovak intellectual property, data protection and gaming law team. Robert is a Junior Associate in our Bratislava office and member of the Tech & Comms and Intellectual property law groups. He focuses predominantly on intellectual property, information technology and data protection law. He also has experience in advising clients in the areas of gaming law, renewable energy, M&A and commercial related matters. His clients include both local and international companies, as well as governmental institutions. Robert graduated in 2014 from the Faculty of Law at the Pan-European University in Bratislava. Whilst at university, he spent part of his studies at the University of Eastern Finland where he focused on international and business law. Before joining us in 2016 he was working for a local Slovak law firm. His previous working experience also includes legal internship at DBS Law Ltd in Birmingham, United Kingdom, and internships at the Police District Headquarters and at the Prosecutor's Office in Bratislava, Slovakia. In addition to his native Slovak, Robert is fluent in English.

2 COMMENTS

  1. Hey Robert,

    I’m an expat and coming from a country where Betfair has been banned due to regulation stuff. Just moved to Slovakia and was really excited about being able to use Betfair but when I entered the website I found out there has been ISP blocks, and not only Betfair on dozens of big betting companies.

    Would it be being optimistic to think Betfair might open up an office in an EU state and deal with the regulations so we can all enjoy Betfair’s great odds?

    Thanks

  2. Hi Robert,

    Thank you for a great article.
    What do you think about Swedish regulation that takes place next month?
    Will Slovakia follow the similar routine, if this approach proves to be very profitable for the Swedish state?

    Thank you in advance for your opinion!
    /Lars

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