SWITZERLAND Law and Practice Contributed by: Simon Planzer and Florian Furger, PLANZER LAW
Approval of an individual person usually takes up to ten working days, provided that the documentation has been duly submitted and that the regulator has no objections. Ongoing Requirements Good reputation requirements and sound business conduct must be observed at all times by key indi- viduals. Furthermore, the respective data of the key individuals must be updated at regular intervals and notified automatically to the regulator in the event of changes or new information that could affect the good reputation and sound business conduct. For detailed information please refer to 4.6 Application Require- ments . Personal Sanctions The Gaming Act does not impose personal sanctions for disregarding regulatory requirements by individu- als. It is the licence holder that may be subjected to sanctions. Personal liability may be captured by other legal acts and general principles. 5. Land-Based Gambling 5.1 Premises Licensing No information has been provided in this jurisdiction. According to the law, casino licences are granted for 20 years, in principle. As of January 2025, 22 casinos throughout Switzerland can use their bricks-and-mor- tar licences. Twelve of them are also granted the right to offer or to continue offering online. Extensions to offer online can be applied for at any time (no licens- ing window). For more details, see 4. Licensing and Regulatory Framework . The cantons have monopolised the area of lottery and sports betting, and only two licences are granted to large-scale lotteries: Swisslos for the German and Ital- ian part of Switzerland, and Loterie Romande for the French-speaking part. 6. Online Gambling 6.1 B2C Licences
In relation to skill gaming operators, Gespa holds the powers to grant licences and such licences are to be granted when the applicant meets the legal require- ments. 6.2 B2B Licences (Suppliers, Software, Etc) International B2Cs and B2Bs can enter into business agreements with domestic casinos and lotteries. However, irrespective of their services, these part- ners neither need to secure a licence, nor can they qualify for a licence. If they are considered as main business partners, they will need to fulfil the so-called good reputation criterion, the assessment of which also depends on former market activities in the grey market. For more details, see 4. Licensing and Regu- latory Framework . 6.3 Affiliates The use of affiliates is not addressed by the Gaming Act, nor are there specific licences available for affili- ates. 6.4 White Labels The law obliges the casinos to fulfil the central activi- ties of all the important tasks by themselves. Notably, white-label solutions are not permissible. 6.5 Technical Measures Unlicensed online operators are expected to geo- block players residing in Switzerland. If the ESBK or Gespa becomes aware of an unlicensed Switzer- land-facing website, it can send a warning letter to the operator and/or put the website on its blacklist. Swiss ISPs are then requested to block these web- sites. Updated blacklists are published by both the ESBK and Gespa on a regular basis. So far, the regulatory authorities have shown little appetite to try criminal law as a means of enforce- ment against unlicensed websites. Although payment blocking was discussed during the long legislative process, payment blocking measures were not adopt- ed by the parliament and are therefore not in use.
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