ESTONIA Law and Practice Contributed by: Karolina Ullman, Triin Kaurson, Linell Raud and Felix Raidmäe, NJORD Law Firm
Violation of the Rules of the Game and Deceit of a Player Violation of the established rules of the game, deceit of a player, and failure to submit the rules of the game to a player at the player’s request are punishable by a fine of up to 200 fine units or detention. If committed by a legal person, the same act is punishable by a fine of up to EUR2,600. Violation of the Restrictions on the Participation of Persons Under 21 Years of Age in Gambling A person under 21 years of age is punished for play- ing a game of chance or a game of skill organised as remote gambling or for being present in a gaming location for games of chance, by a fine of up to ten fine units. 3.6 Penalties for Unlawful Gambling The organisation of prohibited gambling is punishable by a fine of up to 200 fine units (see 3.5 Key Offences ) or detention. If committed by a legal person, the same act is punishable by a fine of up to EUR2,600. The organisation of gambling by a gambling operator holding an activity licence without an operating permit or at a location not indicated in the decision on the issue of the operating permit, as well as organisation of gambling not indicated in the decision on the issue of the operating permit are punishable by a fine of up to 300 fine units. If committed by a legal person, the same act is punishable by a fine of up to EUR2,600.
regulatory frameworks. Innovations are expected to be legalised before they happen, which is a prescrip- tive approach. Importantly, experimentation is also legalised. The country is one of the world’s most digi- talised economies, so technology is greatly used in Estonia with respect to regulation and governance. 4.3 Types of Licences In Estonia, licensing is a two-step process. • First, the intended operator will be scrutinised when applying for the activity licence. • Second is the application for an operating permit, whereby the actual organising of the gambling will be examined and assessed. The activity licence and operating permit must be applied for with regard to each type of gambling, separately. For types of gambling, see 3.2 Definition of Gambling . Gambling must be the sole activity of the gambling operator. The organiser of gambling may engage in ancillary activities related to the organisation of gam- bling at the gaming site, including catering, currency exchange and the organisation of leisure and cultural events (only for land-based gambling). 4.4 Availability of Licences Licences are issued by the Tax and Customs Board and are readily available after complying with the requirements of the law and submitting the neces- sary documents and information. 4.5 Duration of Licences Activity licences are issued for an unspecified term and are not transferable. An operating permit is issued for up to 20 years and it is not transferable. Operating permits for remote (online) gambling are issued for up to five years. An operating permit for an instant lottery is issued for up to five years. 4.6 Application Requirements The key application requirements are as follows.
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
State supervision over the organisation of gambling is exercised by the Estonian Tax and Customs Board, which decides on issuing, refusing, and revoking activity licences for the organisation of gambling and operating permits for gambling and performs reviews and supervisory procedures in case of violations. 4.2 Regulatory Approach The Estonian regulator, the Tax and Customs Board, is approachable and co-operative. Estonia’s approach to regulation is a combination of digital innovation and
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