ITALY Law and Practice Contributed by: Stefano Sbordoni, Sbordoni & Partners
Lotteries Article 24, paragraphs 11–26 of the Community Law 2008 also introduced the regulation of instant lotter- ies. Explicitly, paragraph 12 provided for the adoption of “specific provisions regarding the general gaming conditions, including for remote collection of deferred lotteries”. Subsequently, Directorial Decree No 2011/17476/ Giochi/LTT established a provision defining the tech- nical characteristics for the collection of lottery bets through remote channels (internet, mobile phones, etc). In Italy, there are three types of lotteries, which are dis- tinguished according to the frequency of the awarding of prizes: • instant lotteries (ie, “Scratch and Win”) – the prizes of which are paid immediately; • regular draw lotteries – such as the Lotto game, which has a twice-weekly draw (on Wednesday and Saturday mornings), and its derivatives (Super- Enalotto, etc); and • national lotteries (eg, the “New Year’s Lottery”) – the draws of which take place on an annual basis. These are entrusted to single dealers authorised by the ADM or managed directly by the State. Fantasy Sports In Italy, there is no specific legislation for fantasy sports, which are regulated by the ADM. The regula- tory framework is the same as that applicable to all online games/betting and includes the Bersani Decree (later converted into Law No 248/2006), which regu- lated remote games of skill. Moreover, regulation of gaming in the fantasy sports sector varies depending on whether the game is clas- sified as betting or as a game of skill, as follows. • If the game is classified as a bet, an ADM licence/ concession is required, along with compliance with AML regulations, player verification, age limits, etc. • If the game is classified as a remote game of skill, it must be regulated according to the applicable
ADM regulations and the key legal requirement is that skill prevails over randomness. In both cases, the general rules set forth by current industry legislation apply: minimum age of 18 to par- ticipate, protection of minors, responsible gaming, and self-exclusion systems. Social Gaming The regulation of “social gaming” in Italy is not yet fully defined by specific dedicated laws and regula- tions. Instead, games played for fun without monetary prizes (often on apps or social networks) fall under the general principles of gaming and online gaming regulation. Online Poker With the Bersani Decree (converted into Law No 248/2006), remote games of skill with cash prizes were legalised, as previously mentioned. These include online poker, but only in tournament format (no cash games), with a limited draw and a predeter- mined prize pool. The possibility of offering online poker in cash game mode was introduced by the Community Law 2008 ‒ which, as previously mentioned, authorises remote casino games – and by the related Autonomous Administration of State Monopolies ( Amministrazione Autonoma dei Monopoli di Stato , or AAMS) (now the ADM) Decree of 10 January 2011 (“Regulations on Games of Skill and Remote Casino Games”), which officially introduced online “cash” poker (effective as of 18 July 2011) by establishing technical require- ments for platforms and operators, including that: • online platforms must use certified servers, anti- fraud controls, player identity verification, and direct connection to ADM systems; and • only sites with the “.it” top-level domain and the “ADM logo” are authorised – therefore, all other sites (.com or foreign sites without a licence) are prohibited and blacklisted by the ADM, with access blocked in Italy and fines ranging from EUR20,000 to EUR50,000. Online poker is also subject to the rules contained in Italian gambling legislation, particularly in Legisla-
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