The New Belgian Gambling Regulation in the European Context Gambling Regulation in Europe Leuven, 10 November 2009 Nele Hoekx Institute for Contract Law, K.U.Leuven

Introduction Gambling Act of 7 May 1999 –Objectives –Innovations Challenges Fragmented amendments and failed attempts Inclusive approach in the 2009 Bill

Proposed Amendments Betting New types of licences – F1: organise betting – F2: accept wagers Horse race betting Gambling establishments class IV ‘numerus clausus’

Proposed Amendments Media Games New types of licences: –G1: call-in television quizzes –G2: all other games of chance via the media Evaluation

Proposed Amendments Gambling through Information Society Instruments Supplementary licence –A+, B+, F1+ –Type of games –Evaluation Location of the server Information

Proposed Amendments Enforcement Administrative fine Player Minimum age Exclusion of the player Criminal liability

European Perspective Justification of the Restrictions Imperative reasons of general interest –Protection of vulnerable persons –Combating fraud and crime Evaluation

European Perspective Proportionality Supplementary licences –Requirement concerning the location of the server –Mandatory establishment –De facto closed market A+ and B+ Licences from other Member States?

Conclusions Important and necessary amendment Attractiveness of online gambling regulated by this regime? Compatibility with EU law