SWITZERLAND Law and Practice Contributed by: Simon Planzer and Florian Furger, PLANZER LAW
if the offence is committed with a commercial interest or as an organised form of crime. Finally, Article 130 (3) of the Gaming Act states that a fine of up to 180 daily rates shall be imposed on any- one who deliberately obtains a licence or authorisation by way of false information. Other criminal offences, such as advertising, only qualify as misdemeanours and are subject to a maximum fine of CHF500,000.
tournaments. Furthermore, the cantons continue to hold the powers to regulate skill games in more detail. 4.3 Types of Licences Following the completion of a vetting procedure undertaken by the ESBK, the federal government granted the licences to the successful casino appli- cants. Since these licences represent so-called con- cessions, applicants have no enforceable right to be granted a land-based licence and cannot appeal the government’s decision. In the lottery and sports betting sectors, the cantons have granted Swisslos and Loterie Romande the exclusive right to offer these games. The cantons are the owners of these two entities. In relation to online games of chance, the Gaming Act provides for the possibility for international B2Cs and B2Bs to co-operate as business partners with the casinos and lotteries. In the skill gaming sector, independent authorisations are available to B2Cs, and a liberal licensing regime applies, whereby online and/ or land-based applicants are granted a licence when they meet the legislative requirements. 4.4 Availability of Licences According to Article 9 of the Gaming Act, the fed- eral government shall extend the casino bricks-and- mortar licence to include the right to conduct casino games online if the applicant fulfils the conditions set out in Article 8 (1)(a)(1) to (4) and (b) to (d) with regard to the online offering. International business partners of domestic casinos and lotteries cannot be granted a licence, and do not need one. The licence applica- tion and/or extension are/is carried out through the domestic operator. In the skill gaming sector, by contrast, international operators do not need to co-operate with incumbent domestic entities and can apply independently for a skill gaming licence. 4.5 Duration of Licences According to Article 12 of the Gaming Act, the licence for casino operations is valid for 20 years. In special circumstances, the federal government may provide a licence for a shorter or longer period. The licence may
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
The ESBK has regulatory oversight over the casino sector. The Swiss Gambling Supervisory Authority, Gespa (formerly Comlot), is an inter-cantonal author- ity that has regulatory oversight over the lottery and betting market on behalf of the cantons. The EJPD (Federal Department of Justice and Police) holds co- ordination powers and oversees the regulated mar- ket in Switzerland. Finally, the cantonal supervisory authorities also hold certain regulatory powers. 4.2 Regulatory Approach Switzerland has largely adopted a protectionist approach in the area of games of chance, with the incumbent domestic B2Cs enjoying exclusive operat- ing rights. By contrast, this is not the case in the field of games of skill. Overall, the Gaming Act installed a regulatory regime in which licensed land-based games of chance operators can also offer their games online. As was already the case under the old law, the market is split into three sectors: • lottery and betting; • casino; and • skill. The two public lotteries – Swisslos and Loterie Romande – continue to enjoy far-reaching exclusive rights in the lottery and betting sector. Similarly, only land-based casinos can legally operate casino games. The exclusive rights of the lotteries and casinos apply in relation to both land-based and online games, with few exceptions, such as for land-based small poker
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