GERMANY Law and Practice Contributed by: Jörg Hofmann, Matthias Spitz and Michelle Hembury, Melchers
Requirements for retail outlets for lottery brokers are regulated by the local gambling acts of each German state. For gaming halls, certain minimum distance require- ments apply, which are specified in state legislation. They vary from 250 to 500 metres between licensed premises. In some German states, gaming halls must further respect a minimum distance from schools, other child and youth institutions and/or addiction centres. The number of slot machines allowed per premises is also regulated and depends on the type of premises (gaming hall, restaurant or bar) and, in relation to gaming halls, the size of the premises. In general, a maximum of 12 slot machines per gaming hall licence is permissible, as is a maximum of two slot machines in restaurants or bars. 6. Online Gambling 6.1 B2C Licences Under the regulatory framework of the Interstate Trea- ty, B2C licences are only available for: • online sports betting; • horse race betting; • online poker; • virtual slot games; and • distribution of state lottery products. Online casino games licences may become available on a state-by-state basis. 6.2 B2B Licences (Suppliers, Software, Etc) B2B licences do not exist in Germany. Relevant B2B partners will merely need to be included in the B2C operators’ applications. 6.3 Affiliates Generally, there is a far-reaching liability for operators that employ affiliates. Therefore, a gambling operator will want to make sure that its affiliates respect rel- evant marketing requirements for gambling operators to avoid being held accountable for any infringements. Those could, in particular, trigger interdiction letters and claims under competition law.
In the Interstate Treaty, no “variable remuneration” may be paid for advertising on the internet. This includes affiliated links. In particular, revenue, deposit or stakes-based remuneration is prohibited. Regula- tors aim to prevent risks from players placing the high- est possible stakes or making the highest possible deposits and suffering large losses. Remuneration models therefore remain permissible in which the advertiser receives from the operator a pre- viously agreed fixed amount per customer, to whom an advertisement is displayed and who clicks on the advertisement. 6.4 White Labels German gambling laws do not include specific provi- sions on white-label constellations. The entity enter- ing into contracts with players is usually considered to be the operator. Licence holders must specify the domains on which players may gamble or place bets, and these domains become part of the licence. 6.5 Technical Measures New databases were introduced with the Interstate Treaty 2021. While the barring database remains to filter blocked players, a new limit database has been introduced. Across online gambling operators, the lim- it database ensures that players do not deposit more than EUR1,000 per month. Certain players may be eligible for a higher deposit limit of up to EUR30,000 monthly across all sectors of gaming. Initial approv- als for an increased deposit limit have already been approved for sports betting, online poker and virtual slot games. Approval for the increases in the deposit limit will expire on 31 December 2025. At the time of writing (November 2025), the form in which they were to be replaced was still unknown, and requirements will in particular be tied to a review of the financial capacity of the players intending to increase their monthly deposit limits. The new activity database will prevent simultaneous play on several domains or websites. Therefore, a check with the activity database is concluded once a player wishes to participate in any game of chance. Additionally, the database OASIS, by which the regu- lator intends to supervise the exclusion of players due to unsafe or worrying gambling behaviour, concludes
188 CHAMBERS.COM
Powered by FlippingBook