GERMANY Law and Practice Contributed by: Jörg Hofmann, Matthias Spitz and Michelle Hembury, Melchers
the list of the three nationwide server files in Germany. An integration with all three databases is obligatory for any operator wishing to obtain a licence, irrespective of the specific game of chance to be offered. Furthermore, blocking of websites has been intro- duced under the Interstate Treaty. So far, this measure has not been applied, as its admissibility in its current form has been challenged by the courts. The authority may also enforce action against payment service pro- viders that process payments for gambling operators which act unlawfully – ie, without a licence. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements Protection of Minors and Players Land-based and online operators are required to ensure the protection of minors and players by suit- able responsible gambling measures. In a licensing environment, these measures have to be documented by way of responsible gambling policies and guide- lines, also referred to as a “social concept”. First and foremost, this means blocking access for minors by age verification procedures, and for players who have opted to exclude themselves or have been excluded from gambling, particularly due to problematic gam- bling behaviour, by checking them against OASIS. They must also not be targeted by advertising. Staff Training In addition, operators will need to train their staff to be able to detect early signs of problematic gambling behaviour and apply the appropriate responsible gam- ing measures. Such measures can include: • speaking to the customer; • suggesting that breaks be taken; and • if necessary, offering advice on where to find help. In an online context for example, it is necessary to offer: • the possibility for the player to set stake, deposit or loss limits, or to exclude themselves; and • to offer information on the risk of addiction.
Operators are required to use technical measures to detect potential addicts early. Additionally, operators have to provide information about responsible gambling. Among other resources, operators must include: • general and specific information on the addiction risk associated with the offering; • an overview of the available responsible gaming measures; and • contact details for institutions that provide help. Further measures include gaming breaks every hour and, for virtual slot games, for five minutes every hour. The activity database must prevent players from using several online gambling sites simultaneously. Adver- tising must be tailored to the specific risks attached to the games of chance and must also avoid any deliber- ate addressing of minors or players at risk. 7.2 Gambling Management Tools One of the key gambling management tools is to verify the player’s identity prior to allowing access to the gambling offering. In an online context, the Interstate Treaty defines a EUR1,000 monthly deposit limit per player and sets out that players must be given the opportunity to define daily, weekly and monthly stake, deposit or loss limits at registration. It must also be possible for them to change the limits they have set. However, if a player opts to increase a limit, opera- tors have to ensure that the increase only takes effect after a period of seven days. Reductions of limits take effect immediately. In addition, players must be offered sufficient self- exclusion tools and, in relation to some products, operators are expected to check the central player barring database (OASIS) for excluded players before allowing a player to register or log in. The same applies to the limit and activity database. On top of that, operators are obliged to limit sessions to an hour; after which, so-called reality checks have to be performed. These are intended to notify the play- er of the time already spent gambling and the risks that align with any form of game of chance.
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