Germany's gambling regulator is pushing back against operators restricting partners and advertising
When Germany's new unified gambling regulator began approving gambling licenses for online slots and later poker, some operators expressed dissatisfaction. Not because they can't provide a service, but because they believe the GGL has no right to control their advertising. The court disagreed and operators must abide by the rules if they want to keep their licenses.
When GGL started giving operators the green light, it added additional terms covering advertising and affiliate restrictions. All operators should adhere to these guidelines.
Some game providers were dissatisfied with the solution and applied to the Administrative Court for relief. They won the first round when the court agreed, but lost the second round this month.
Our road is still the highway
The higher administrative court in the state of Saxony-Anhalt, where GGL is based, overturned the lower administrative court's ruling. Regulators not only have the power to impose restrictions, they can impose them at will.
In particular, the court agreed that GGL’s ban on television advertising and advertising of free online casino games and virtual slot machines was reasonable. Additionally, it confirms that influencer marketing and affiliate advertising with partners that promote illegal gambling are prohibited.
This supports a previous ruling by the same court. Last May, it agreed with GGL's position that gambling operators who work with partners who promote illegal (unlicensed) gambling platforms can be punished.
The court's ruling stated that these regulations were necessary to meet the requirements of the Fourth National Gambling Treaty. The latest version of Germany's gambling law contributes to a unified regulatory approach and calls for greater attention to gambling harms. New controls at GGL are critical to achieving this goal.
However, it's not all bad news for operators. The court ruled that a blanket ban on advertising in public places, including posters and on public transport, may go too far.
Operators have to accept this decision whether they like it or not. German politicians have repeatedly shown determination to implement changes, with the High Administrative Court ratifying its ruling that "these decisions are legally binding."
Seal of Approval Coming soon
In the fight against illegal online gambling, which is currently disputed by Maltese authorities, Germany believes it has a solution. The online gaming space is about to receive an official "tested and approved seal" of approved platforms.
According to Der Spiegel, citing official sources, GGL hopes to set up a corresponding labeling system in the coming weeks. Starting July 1, providers must prove they have a state license and comply with state gambling treaty provisions regarding player protections.
At the same time, consumers should be able to identify legitimate offers more easily in the future. While some iGaming platforms may list their license details in an obscure section of their website, Germany wants this information to be immediately visible on the platform. Additionally, consumers need to be aware that GGL recently banned daily fantasy sports.
Gambling is only allowed in Germany under state supervision and control, with each federal state taking a different approach. Some states opened their markets, while others established state-run monopolies.
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Source: www.casino.org
