Comparative analysis of regulatory framework for online and land-based casinos in the European Union : a study of licensing requirements and their impact on the industry

Abstract

Gaming law across the European Union (EU) has still not been subject to harmonisation, with each country tending to have different set ups when it comes to the licensing requirements related to gambling. For this reason, Member States have been left with close to total discretion when it comes to the regulation of the gambling industry, and this has led to a number of common practices within the EU. There has been a convergence of land-based and online gambling operations in recent years as a result of the massive growth of the remote sector however this convergence has also been met with disparities when it comes to the licensing requirements for online and land-based operators across the EU. Analysing these licensing decisions brings to the surface a number of common trends as well as differences. The differences seen are not solely those between jurisdictions but also between land-based and online casinos. These common trends and differences each have their own implications on both the industry as well as the end-users and the very reasons behind these licensing decisions could possibly serve to compound the issues regulators are concerned about. The lack of harmonisation in this regard could also be said to not be helping the situation and once more not only for casino operators but also the players themselves.