Online Gambling Law In Germany

 
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Similar to the United States, Germany does not have any national regulation on gambling. Unlike the rest of Europe, even lotteries are a matter for state regulation instead of federal management. Generally, the Ministry of the Interior for each state will be responsible for gambling legislation.

What’s truly unique to Germany is the way that interstate treaties are handled. Usually, one of the 16 states is assigned as the leader or contact point for the treaty.

For example, Lower Saxony is responsible for interstate lottery matters. So instead of licensing with a number of individual states, a lottery provider can work with Lower Saxony to expedite the process.

History of Gambling Law in Germany

Much like other infrastructure, gambling in Germany was destroyed in World War II. After the war, Germany drew up a fresh constitution. That document made gambling law in Germany a matter for the individual states — at least in the west.

  • Gaming in Germany is a leading English-language B2B community for iGaming professionals. Join us on LinkedIn or visit our Gaming in Germany website, which offers regular news updates. Gaming in Germany was founded by Willem van Oort, an independent gaming consultant who operates in Germany, Spain, France, Belgium, and the Netherlands.
  • Uniform age restriction at 18 years of age for all types of online gambling. As online gambling is prohibited in the Netherlands, no specific age restriction applies to this form. In 5 jurisdictions (Belgium, Estonia, Lithuania, Slovenia, and UK) age restrictions depend on the type of gambling activity.
  • Germany first took up the issue of online gambling with discussions beginning in 2006 that ultimately resulted in a bill called the Interstate Treaty on Gambling being passed in 2008. This bill sought to ban all online gambling across Germany except for horse racing betting and restricting all other forms of gambling to state-run operators.

Similar to other countries, German gambling laws focused on lotteries and sports betting, including horse racing, at the start. Casino laws were restrictive. Some states placed residency requirements on casino-goers. These restrictions softened over the years and were gone by 1995.

Germany is one of the biggest countries in Europe, comprised of 16 individual states, with a very complicated legal system. Unfortunately, this has led to the fact that gambling laws and regulations in Germany are quite complicated as well.

East German gambling laws only allowed lotteries and betting on horse races — no sports betting, no casinos. After the Reunification in 1990, casinos exploded across the former GDR.

In 2008, the Glücksspielstaatsvertrag (GlüStV), or Interstate Gambling Treaty, was passed. It didn’t last long, as the European Supreme Court found it went against EU rules for fair competition. This re-opened the field.

The first revision to the treaty (GlüÄndStV) came in 2011 and was passed in 2012. This update allowed for online lotteries, interstate lottery jackpots, and casino advertising. Additionally, it allowed 20 bookmakers to operate independently of the state monopoly.

The state of Schleswig-Holstein originally abstained from the treaty and awarded licenses to a handful of online casino operators. In 2012, the state’s government changed and then decided to join the treaty. They allowed the online operators to keep their licenses through 2018.

Recently, Schleswig-Holstein proposed to extend their original licenses through 2021, when the current German online gambling law is set to expire.

German Gambling Laws by Betting Type

In-person card games and table games are absolutely legal. Games with buy-ins under €15 can be run without a state permit. Higher buy-ins will require a state license and are therefore only found at casinos.

It’s only when you get to online gambling laws in Germany that things get really tough. Poker and other card games fall under the GlüStV and are banned.

Sports Betting

Sports betting is legal! Germany has a totalized sports betting offering called Oddset available online and off. Additionally, land-based bookmakers are usually available.

Schleswig-Holstein permitted 20 bookies to operate online in 2011. They extended licenses only for a select number of original licensees.

  • 888sport
  • Admiral
  • Bwin
  • Cashpoint (also owns Xtip and sportwetten.de)
  • Tipico
  • Stargames
  • LeoVegas
  • Btty

You’ll see some of these companies in our list of the top German gambling sites. We’ve included some of the other major players who didn’t get a license from Schleswig-Holstein as well. These sites aren’t bad; they just weren’t lucky enough to get a license before they ran out.

Lotteries are big business in Germany. Since each state can make its own rules, there are a number of popular public and private lotteries. The main lottery is an organization that coordinates all the individual state lotteries: the DLTB. This includes lotteries and totalized sports betting.

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There’s also a lottery organization for the two class lotteries. Some of the most popular games include Germany Lotto, GlücksSpirale, 6aus49, and class lotteries.

In what seems to be a pretty unique situation, TV stations actually run lotteries. The main ones are Aktion Mensch and Die Fernsehlotterie.

Since online gambling laws in Germany allow for lotteries to be run online, you can play your favorite lottery at any time. You don’t have to call in or walk to the store for a ticket. Simply go online and pick your numbers.

Slots

Slots are available at casinos and slot salons. There are casinos in 14 of Germany’s 16 states. Only Thuringia and Mecklenburg-Vorpommern do not have casinos. Some casinos are state-owned, and some are private. This depends on which state the casino is located in. The majority of casinos are under state ownership.

In addition to casinos, slots appear in slot halls. These businesses provide slots and other games, similar to the “Kleines Glücksspiel” in Austria. There are limits on the amount you can bet and therefore how much you can win in these places, along with other rules to prevent addiction or abusive play.

German online gambling laws right now do not allow online slot play. However, the law has been declared invalid by the European high court. So online slots are a grey area again.

Schleswig-Holstein has taken a surprising move and moved to renew the online casino licenses that it gave out in 2011. These casino licenses are currently expired and should be voted on in May 2019.

Those license holders are as follows.

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  • Cashpoint (Malta) Ltd.
  • Admiral GmbH
  • ODDSET Deutschland Sportwetten GmbH
  • Oddsline Entertainment AG
  • Primebet International Ltd.
  • Bwin ElectraWorks Ltd.
  • Digibet Ltd.
  • Bet-at-home.com Internet Ltd.
  • Ladbrokes International PLC
  • Bet90 Ltd.
  • Deutsche Sportwetten GmbH
  • Mybet Personal Exchange International Ltd.
  • Betfair Polco Ltd.
  • Intermedia GmbH
  • Bernd Hobiger Wettbüro Goldesel
  • RULEO Alpenland GmbH
  • Racebets International Gaming Ltd.
  • Albers Wettbörsen Deutschland oHG mbH
  • Bet3000 IBA Entertainment Ltd.
  • Star Sportwetten GmbH

If you want to gamble in person, there are a variety of methods in all states. There are more than 60 casinos in 14 states that offer slots and table games as well as more than 9,000 slot halls across the country.

You can participate in totalized sports betting and a variety of lottery products at many newsstands and tobacconists. Land-based private bookmakers are also common in every state.

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The only place you can’t gamble is online — and that’s only partial. Online gambling laws in Germany let you play the lottery online, and you can bet on sports and horse races online through the lottery. You just can’t play slots online 100% legally. It’s currently a grey market.

Summary

Gambling laws in Germany are definitely unique. Casinos and lotteries can be publicly or privately owned. Sports betting is available through the lottery and through private bookmakers as well. And there are also thousands of small slot halls for your gambling pleasure.

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Online is more controlled, but it looks like there will be some changes to the German online gambling laws through the actions of Schleswig-Holstein. However, if the government there changes in the next election, any progress could grind to a halt.

Out of the new coronavirus chaos, a glimmer of positivity has emerged in Germany thanks to new online gaming laws.

Online gaming will be legal and regulated in Germany by July 1, 2021. (Image: German Pulse)

The new regulations will come into effect on July 1, 2021 and make casino and poker sites legal across the country.

Until now, online gaming in Germany has existed in a grey area.

New Laws Turn Grey into White

The 2012 Interstate Treaty on Gambling set out a framework for governing the industry. 15 of Germany’s 16 states initially accepted the Treaty. It was subsequently adopted by the Schleswig-Holstein region in 2013.

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However, although the Treaty created a framework to manage the industry and protect consumers, it didn’t create an official licensing system for online gaming operators.

In fact, as per the Treaty, online casinos (which includes poker) were prohibited. Despite that, 20 operators were allowed to offer sports betting. Moreover, European Union (EU) freedom laws supersede state laws and, in essence, made it possible for online gaming to take place in Germany.

These dynamics turned Germany into a grey market. Even though online gaming sites weren’t legal, operators were able to use EU laws as protection.

The confusing and uncertain dynamics were formerly reviewed in January. Following the proposal of a nationwide regulatory framework, heads of states agreed to the new measures. The announcement was made in mid-March as those in power met in Berlin.

Online Gambling Regulation Germany

With all 16 states in agreement, online poker and casino gaming will become legal in July 2021, pending approval from the European Commission. Until that time, online sports betting will remain the only legal form of online gambling.

Online Gambling Law In Germany Austria

Online Gaming in Germany Fixed for 2021

Once Germany’s online poker and casino market goes live, operators will have to abide by a number of regulations. Much like the UK’s Gambling Commission, Germany’s regulatory body, GlüNeuRStv, will take a hardline approach to ensure consumer safety.

The good news for online poker operators is that the strict guidelines mainly apply to casinos. For example, players will only be able to bet a maximum of €1/$1.10 per spin on slots. Additionally, features such as autoplay will be disabled for Germany players.

Online Gambling Banned In Germany

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In another nod to UKGC regulations, Germany operators will only be able to advertise at certain times. Similar to the UK’s ban on betting adverts before and during sporting events, Germany’s licensees can’t run ads between 6am and 9pm.

Despite what some may see as harsh operating conditions, the new laws are a positive. As one of the world’s richest economies, Germany’s newly regulated industry has the potential to become a powerhouse in global online gaming.

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