European Lotteries (EL) recently asked the representatives of the EU Member States to exclude the explicit mention of online gaming from the Digital Services Law.
DIRECTIVE 2000/31 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of June 8, 2000, which was published in the Official Journal of the European Communities, is related to legal aspects of information society services, in particular electronic commerce in the internal market. The following lines are included in this document:
“(...) The applicable national laws should be in compliance with Union law, in particular including the Charter and the Treaty provisions on the freedom of establishment and to provide services within the Union in particular with regard to online gambling and betting services (...)"
European Lotteries explains that the specific reference to “in particular with regard to online gambling and betting services” wrongly implies that national regulations on illegal content in the gambling sector are often not in compliance with the EU law. Whereas there are restrictions on the freedom to provide online gambling services in most Member States, these national laws aim to combat crime and fraud and to protect consumers in a manner that meets the requirements as set out in the caselaw of the Court of Justice of the EU.
On this request, Arjan van 't Veer, general secretary of EL, said: “The explicit mention of online gambling and betting services in this particular context is misplaced and should therefore be deleted. It fails to take into account all the relevant case-law of the Court of Justice of the EU and the very nuanced approach to the gambling sector due to its peculiar nature. The Court clearly confirmed on several occasions that restrictions in the gambling sector are justified for reasons of public order, public security, public health, as well as for the overriding reasons in the public interest, such as consumer protection, combating fraud, crime or squandering of money. Failing to recognize this means risking increased activities of illegal gambling operators, damaging individuals and society as a whole”.
In this regard, the general secretary of EL reiterates the need to "exclude the explicit mention of online gambling and betting services from the Digital Services Act in the context of freedom of establishment and freedom to provide services".
In its original proposal, the European Commission underlined that the DSA would be without prejudice to the e-Commerce Directive (2000/31 / EC) and that it builds on the provisions laid down therein.
Likewise, EL emphasizes in a press release that this implies that the clear exclusion of the gambling activities as stipulated in the e-Commerce Directive would continue to apply under the DSA.
Therefore, it is not very clear why the “online gambling and betting services” would have an explicit mention in recital 29 of the final text of the DSA concerning the application of the free movement principles, especially when no other sector is mentioned.
LEER DIRECTIVE 2000/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
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