Unlawful betting not endorsed by GGL as it remains criminalized
Germany's criminal law is set for a comprehensive overhaul, with a focus on updating outdated provisions, particularly those related to online gambling. As it stands, Germany partially regulates online gambling, but unregulated gambling remains a grey area [2][4].
The German regulator, the Glücksspielbehörde (GGL), has been actively monitoring the market and reporting on its conditions. The latest quarterly gambling market report indicates that the iGaming market shows mixed results, with strict regulation remaining in place [2].
Contrary to some speculations, there is no clear evidence that Germany is planning to aggressively prosecute overseas operators. The country's approach continues to emphasize licensing, consumer protection, and strict regulation, aligning with the broader EU framework [4].
However, the German regulator, GGL, has advocated for the expansion of legislation to empower the prosecution of overseas operators. The GGL CEO, Ronald Bente, has urged the federal ministry of justice to reconsider the planned reform, expressing concerns about the potential implications of decriminalizing unregulated gambling [1].
Bente argues that the elimination of section 284, which currently prohibits unauthorized gambling, might result in a "regulatory gap," effectively decriminalizing a substantial portion of money laundering activities [1]. He also emphasizes the necessity of clarity in applying German law to overseas gambling providers.
Burkhard Blienert, Germany's drug and addiction commissioner, also opposes the planned law relaxation, fearing the potential repercussions on the fight against money laundering and addiction [3].
In a letter to Justice Minister Buschmann, the GGL has urged the inclusion of this aspect in the revised criminal law. The German regulator is adamant that the proposed reform could compromise efforts to combat black market operators in the country [3].
Despite the opposition, Germany's justice minister, Marco Buschmann, revealed plans to eliminate section 284 from the criminal code last year, signalling a potential shift in the country's gambling regulations [2]. The proposed reform is part of a broader revision of Germany's criminal law, but the outcome remains uncertain.
In conclusion, Germany's approach to online gambling remains cautious and regulated, with no clear indication of a move towards full decriminalization or expanded prosecution of overseas operators. The GGL is advocating for a comprehensive regulatory framework to ensure consumer protection, anti-money laundering, and responsible gambling, while maintaining control over the market.
- The GGL CEO, Ronald Bente, is advocating for an expansion of legislation in Germany to enable the prosecution of overseas operators in the online gambling market, citing concerns about potential implications on anti-money laundering efforts and creating a regulatory gap.
- The broader revision of Germany's criminal law, which includes a potential shift in gambling regulations, contains proposals to eliminate section 284, a provision that currently prohibits unauthorized gambling, causing concerns from the GGL about potential compromises in the fight against black market operators in the country.
