SWITZERLAND Law and Practice Contributed by: Simon Planzer and Florian Furger, PLANZER LAW
Casino Casino services can be offered exclusively by the licensed bricks-and-mortar casinos. Lotteries With few exceptions, large-scale lottery services can be offered exclusively by the two public lotteries. Fantasy Sports Given the legislative criteria, fantasy sports are likely to qualify as skill games, in which case a skill game operator is required to apply for a licence from the inter-cantonal skill game regulator Gespa and have their games tested. Social Gaming Social gaming does not fall within the ambit of the Gaming Act if it does not include the elements of con- sideration and/or a prize. Poker Similar to casino games, the licensed bricks-and-mor- tar casinos can offer land-based poker services, but no longer have the exclusive right to do so. The can- tons can permit so-called “small poker tournaments” and grant authorisations to poker operators that wish to organise such tournaments. Other Relevant Sectors See the comments in 2.1 Online Gambling , which apply in similar terms for the land-based sphere. Skill gaming operations only require a licence if they are organised online, automatically, or inter-regionally (between cantons). Under strict conditions, media publishers and shops may organise lotteries and games of skill without a licence or authorisation.
inter-cantonal skill game regulator Gespa and have their games tested. Social Gaming Social gaming does not fall within the ambit of the Gaming Act if it does not include the elements of con- sideration and/or a prize. Poker Similar to casino games, online poker services can be offered by the licensed bricks-and-mortar casinos, which can partner with other domestic casinos as well as international poker platforms. International shared liquidity is permitted under the applicable gaming laws. Other Relevant Sectors With the entry into effect of the Gaming Act, all games of chance and games of skill are, in principle, regu- lated and can also be offered online, subject to certain conditions and exclusive rights. So-called large-scale games ( Grossspiele ) include lotteries, sports betting, and games of skill if they are operated online, auto- matically or inter-regionally (between cantons). The two public lotteries hold the exclusive right to oper- ate online games in the areas of lotteries and betting. By contrast, any skill gaming operator can apply for a licence, provided that it also seeks establishment in Switzerland, with attractive tax solutions being avail- able. Under strict conditions, media publishers and shops may organise lotteries and games of skill with- Overall and with few exceptions, similar exclusive rights and conditions apply in the land-based sector as in the online sector (see 2.1 Online Gambling ). Betting Large-scale betting services can be offered exclusive- ly by the two public lotteries ‒ Swisslos and Loterie Romande. Bingo Large-scale bingo services can be offered exclusively by the two public lotteries. out a licence or authorisation. 2.2 Land-Based Gambling
3. Legislative Framework 3.1 Key Legislation
In September 2017, the Swiss parliament passed a fully revised Gaming Act. A referendum was organised against the Act, but the voters adopted the Act. On 1 January 2019, it entered into effect along with four related ordinances: • the Gaming Ordinance;
508 CHAMBERS.COM
Powered by FlippingBook