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Gambling Eclipsed All Over Europe As Coronavirus Infections Surge. Belgium Online Shift Creates Regulatory Challenges. Belgian Operator Warns Of Offshore Advance.
EU Launches Probe Into Ladbrokes Belgian Virtual Betting. See all. The Gaming Act does not distinguish between land-based and online games of chance.
Technical measures. What technical measures are in place if any to protect consumers from unlicensed operators, such as ISP blocking and payment blocking?
The Gaming Commission publishes a blacklist of prohibited gaming websites on its website. The domain names of websites were included in that blacklist in July The list is provided to all Belgian internet service providers, most of which block these websites by Domain Name System.
In addition, the Gaming Commission has developed a protocol with Febelfin, a Belgian non-profit association representing banks and financial institutions.
This unpublished protocol requests Belgian banks and financial institutions to block payments to and from blacklisted operators.
In March the Belgian press reported that accounts and payments of one of the blacklisted operators were effectively blocked for the first time.
Mobile gambling and interactive gambling What differences if any are there between the regulation of mobile gambling and interactive gambling on television?
The Gaming Act provides for the explicit regulation of media games. A media game is defined as a game of chance which is operated via media including television.
A provider of media games must obtain a G1 or G2 licence. Social gaming How is social gaming regulated in your jurisdiction?
There is currently no regulation in force that specifically regulates social games. Social games fall within the scope of the Gaming Act only if they qualify as a game of chance see Question 2, General definition.
For example, social games which do not require any stake to be committed whatsoever that is, completely free games are not games of chance and therefore fall outside the scope of the Gaming Act.
Caution must be exercised, as it must be verified that these games are genuinely free to play and do not involve, for example, hidden costs that qualify as a stake.
Blockchain technology To what extent is blockchain used in gambling in your jurisdiction? How is it regulated? It is not known whether blockchain is used in the Belgian gaming industry.
Further, there is at least currently no specific regulation for blockchain-related games of chance. If and to the extent blockchain-related games of chance correspond to the definition of games of chance, they will in principle fall within the scope of application of the Gaming Act and its implementing decrees.
Gambling debts Are gambling debts enforceable in your jurisdiction? The Belgian Civil Code contains a broad prohibition for the winner to make a judicial claim Article , Civil Code.
There is an important exception to this broad prohibition for games of chance and bets which have been commercialised under the appropriate licence Article , Civil Code , but a court has the power to reject an excessive claim.
The loser cannot reclaim the submitted stakes, except in cases of fraud Article Civil Code. Tax What are the applicable tax regimes for land-based and online gambling?
Land-based gambling Betting and gaming tax is generally levied on the gross amount of the stakes. Certain games of chance are explicitly excluded from betting and gaming tax, such as permitted lotteries.
There are several specific tax regimes which are summarised below. Casino games. In the Flemish Region, casino games are taxed on the gross amount of the stakes.
In the Walloon Region, casino games are taxed as follows:. Roulette without zero: at 2. In the Brussels-Capital Region, casino games are taxed as follows:.
Online gambling The three regions that is, the Walloon, Flemish and Brussels-Capital regions have the competence to determine the applicable tax rates for online games of chance and bets.
Introduction of VAT for online games of chance Under Article 44, section 3, 13 of the Belgian VAT Code, offline and online games of chance, bets and lotteries are VAT-exempt subject to conditions and limitations specified by the King.
Advertising To what extent is the advertising of gambling permitted in your jurisdiction? To the extent that advertising is permitted, how is it regulated?
Land-based gambling The Gaming Act explicitly prohibits advertising games of chance or gaming establishments if it is known that the game of chance or gambling establishment is not authorised under the Gaming Act.
A violation of this prohibition is a criminal offence. Online gambling In relation to online gambling, advertising unauthorised games of chance or gaming establishments is also prohibited.
Such a royal decree was adopted in Royal Decree of 25 October concerning the conditions to exploit online games of chance and bets.
The Gaming Commission also published a public opinion in which it clarified and interpreted several advertisement provisions of the Royal Decree of 25 October In two judgments of 6 February , the Belgian Council of State annulled several provisions of the Royal Decree of 25 October Articles 1 to 5 of the Royal Decree of 25 October contain advertising restrictions.
Articles 8 and 9 of the Royal Decree of 21 June state that the application for an online licence must clearly explain the advertising policy that is going to be implemented.
The same Royal Decree stipulates that an operator must observe a certain caution in its advertisements. Developments and reform Legal development.
Has the legal status of land-based and online gambling changed significantly in recent years, and if so how? At legal online casinos, Belgium depositors have a spread of good banking options to pick from.
Most carry no, or low, fees, and the limits can be high. A bank card or credit card isn't always required. Often, anonymous banking is a preferred option.
At most big casino sites and gambling rooms, deposits can be made in euros. Safe bank transfers are important for gamblers from Belgium.
It's available in a dozen European countries, including Belgium, so euro transfers are simple and easy. Paysafecard is a leading prepaid voucher scheme that works with gambling sites.
When depositing at online casinos, Belgium gamblers can use a simple prepaid voucher to move funds in and out. There's no need to use a debit or credit card, and you can pick up a Paysafecard voucher at a local outlet in Brussels or your own town.
Bancontact is one of the leading electronic payment systems in Belgium. Payments with Bancontact are immediate and processed instantly, which means you can deposit cash and start playing your favorite casino games in no time.
Online transactions are always protected by 3D-secure, making it a safe banking choice for Belgian players. Currently, gambling in the country is overseen by the Gaming Act of 7 May However, the law was modified in to be stricter towards unlicensed operators.
It came into practice in The key piece of legislation states that to obtain a licence to operate an online gambling service, an operator must also have a physical, bricks-and-mortar licence as well.
This means that if any operator wants to offer online casino services to Belgians, they must also do so from licensed premises within Belgian borders.
The new, harsher, gambling law of didn't go down well with the EU, who judged it to be in contravention of free-trade laws. In , both the European and Betting Association EBA and the Remote Gambling Association RGA lodged complaints with the European Commission.
Gambling in Belgium is governed by the Belgian Gaming Commission, which carries a regular list of blacklisted gambling sites.
Players face fines if caught playing at them. Any remote gaming site or casino operating without a Gaming Commission licence is breaking the law in Belgium.
However, as is often the case, Belgium online casino operators have found loopholes to be able to provide services in the country without having to build their own brick and mortar casinos.
One such example is bwin. To get around the ban, bwin. While other operators to simply ignore these rules, the Belgian Gambling Commission is not as lax when it comes to licensing regulations.
This may be pocket change to some Belgium casino online operators, but it is enough to make them think twice about illegally offering their services in the country.
Up to that point, we had the free reign to play games online where and how we wanted. The Belgian Gaming Act written in and implemented in added a significant number of restrictions to online gambling and outlined the licensing process for legal betting sites.
You can still play real money games online but it is now your responsibility to visit the Belgian Gaming Commission website to make sure you only play at licensed sites.
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