ITALY Law and Practice Contributed by: Stefano Sbordoni, Sbordoni & Partners
4.7 Application Timing The timeframe for obtaining a public concession from the ADM varies based on the type of game, the type of procedure (public tender or renewal), and the com- pleteness of the application. In the event of a new concession through a public ten- der announced by the State through a law and regulat- ed by the ADM (eg, the public tender for the awarding of 52 online gaming licenses announced through Leg- islative Decree No 41/2024 and regulated by the ADM with subsequent directorial provisions), the timeframe is defined by specific phases. From the opening of the tender to the actual issuance of the concession, the process can last between and 12 months, as follows: • publication of the ADM tender notice on its portal and in the Official Journal; • submission of applications by interested operators within 60 to 90 days of the tender notice, including documents, deposits, application fees, and techni- cal requirements; • evaluation and investigation – approximately the next three to six months, during which the ADM verifies the subjective, technical, financial and moral requirements of the participants; • award and signing of the concession agreement – the next one to three months, during which the ADM announces the award and signs the conces- sion agreement with the successful bidders; and • operational activation – the next one to two months, during which the operating systems, SOGEI ( Società Generale d’Informatica SpA ) inter - face, technical testing, and certifications must be configured. In the case of a “renewal or extension” of an existing concession, the timeframe is three to six months if all requirements are met. During this time, the ADM may grant “technical extensions” for concessionaires already in operation pending a new tender (eg, exten- sion of the 2023–24 betting concession). Renewal is not automatic – Legislative Decree 41/2024, for exam- ple, prohibits extensions exceeding nine years and requires a new tender every nine years. In the case of a “takeover or transfer” (ie, if a party takes over from a concessionaire (eg, merger, sale of a
digital sector); and (d) no insolvency proceedings or financial crisis. • Technical requirements ‒ the operator must demon- strate: (a) a certified platform compliant with ADM stand- ards; (b) a gaming system certified by authorised bod- ies (eg, Gaming Labs International (GLI), iTech Labs); (c) connection to the ADM national totalisator; (d) servers located in the EU and accessible to the ADM; and (e) features – betting traceability, log retention for up to ten years, anti-tampering and anti-fraud systems. • Legal compliance and security – the operator must comply with: (a) AML regulations (Legislative Decree 231/2007); (b) the EU General Data Protection Regulations and personal data protection requirements; (c) KYC procedures; (d) responsible gaming and self-exclusion systems (connection to the RUA); and (e) controls on minors and at-risk players. • Organisational requirements ‒ the applicant com- pany must demonstrate: (a) a registered office or permanent establishment in the EU/EEA; (b) qualified personnel (technical, administrative, compliance); (c) customer service (in Italian); (d) anti-problem-gambling structure (messages, limits, self-exclusions). • Administrative and tax aspects – the operator must: (a) set up an Italian VAT number; (b) participate in ADM monitoring systems; (c) pay taxes, the PREU, and license fees; and (d) compliance with advertising regulations (the Dignity Decree and advertising ban). • Participation in the public tender ‒ applicant com- panies are required to: (a) submit a technical and financial offer compliant with the specifications; (b) pay the tender fee (eg, EUR2 million for the online tender scheduled for 2024); and (c) accept the ADM concession agreement.
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