ESTONIA Law and Practice Contributed by: Karolina Ullman, Triin Kaurson, Linell Raud and Felix Raidmäe, NJORD Law Firm
• on websites directed at children; • before or during television and radio programmes that are mostly directed at children; • on the front and back covers of newspapers or magazines, unless published together with the sponsor’s announcement; and • as outdoor advertising, unless published together
more of the share capital of the company, or all rights related thereto, or of the voting rights in the company, or that makes it possible to exercise a significant influ- ence over the management of the company in which that holding subsists. Before acquiring a qualifying holding in a gambling operator, or increasing such holding so that its proportion in the share capital of the gambling operator, or all rights related thereto, or votes represented by shares will exceed 20%, 30% or 50%, a person shall submit to the Tax and Cus- toms Board data about the size of the holding to be acquired and additional information and documents regarding the acquirer. 10.2 Change of Corporate Control Triggers See 10.1 Disclosure Requirements . 10.3 Passive Investor Requirements Passive investors are treated the same way as active ones – ie, all investors are treated equally, so the infor - mation provided in this chapter can be applied to both types of investor. The Tax and Customs Board may revoke an activity licence if the gambling operator and its platform do not meet the requirements set by the law. For exam- ple: • the holder of the activity licence has organised gambling without an operating permit for organis- ing gambling; • the holder of the activity licence has committed an intentional violation of tax law; or • incorrect information has been knowingly submit- ted upon the application for the activity licence. The invalidity of an activity licence renders all the oper- ating permits, issued to the same gambling operator for organising gambling of the same type, invalid. The person whose activity licence has been revoked shall close down all gaming locations of the same type of gambling and stop making the same type of gambling available within three days after the day of revocation of the activity licence. 11. Enforcement 11.1 Powers
with the sponsor’s announcement. Advertising of lotteries is prohibited:
• in and on the buildings and territories in the use of preschool childcare institutions, basic schools, upper secondary schools, vocational educational institutions, hobby schools, permanent youth camps, and youth project camps, and in close proximity thereof; • on websites directed at children; • before or during television and radio programmes that are mostly directed at children; and • at a place and during the time of holding an event that is mostly directed at children, and on the tick- ets for such event. 9.5 Sanctions/Penalties The placing, producing, or publicising of advertising that violates the general requirements for advertising is punishable by a fine of up to 300 fine units. If com- mitted by a legal person, the same act is punishable by a fine of up to EUR400,000. According to the Advertising Act, Section 34 – Vio- lation of Prohibition on Advertising of Goods and Services, similarly to the foregoing, the placing, pro- ducing, or publicising of advertising that ignores the prohibition on advertising of goods and services is punishable by a fine of up to 300 fine units. If com- mitted by a legal person, the same act is punishable by a fine of up to EUR400,000. 10. Acquisitions and Changes of Control 10.1 Disclosure Requirements A qualifying holding in a gambling operator is any direct or indirect holding in the share capital of a company organising gambling that represents 10% or
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