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ONLINE GAMBLING IN FRANCE
         - FROM LEGALIZATION TO MATURATION -




                                       Thibault VERBIEST
                                            Attorney at law
                                    Brussels and Paris Bars
Millennium Mayfair, London,
                                             www.ulys.net
January 23rd, 2012
LEGALIZATION OF FRENCH ONLINE GAMBLING
OBLIGATIONS OF FRENCH ONLINE GAMBLING OPERATORS




 Examples of technical requirements:
         Storage of gambling operations has to be done in real time on a server located in France
       (“frontal”). All data processed between players and operators have to be stored within this server
         A top-level domain name .fr has to be used. All internet connections made from the French
       territory, or after identification of the player as living in France, have to be redirected by the operator
       to the .fr website.


 For example:
         certify the identity of each new player including age, address and identification of the bank
       account on which assets are transferred (this account must be established in the EU).
         Prevent the registration of web bots, by requiring code typing at any sale of game
CASES OF INFRINGEMENT: ARJEL VS. …




 E.g.: ARJEL asked ISPs to block Maltese scratch2cash.com website and
 a set of other websites such as aeroplayer.com, casino-broceliande.com,
 Cypriot websites slotsjungle.com and winpalace.com. (last Sept.)




 Decree No. 2011-2122 was adopted and published on January 1 and provides instructions on blocking
 measures and mandates that ARJEL should foot the cost of any extra costs that ISPs incur as a result of
 blocking illegal sites.




 In February 2011, the ARJEL asked Pokerstars to suspend its Home Games, which the online gambling
 site agreed to do. The games were to be suspended indefinitely, until the regulator examined whether or
 not this new game is compatible with current legislation and the ARJEL’s regulatory goals.
REVIEWING FRENCH ONLINE GAMBLING: THE TAX DEBATE

                                             Current tax
                                                                        %                Tax base
                                              regime
                                           Sports betting       9.3%                Total bets
                                           Horse betting        14.4%               Total bets
                                           Poker                2%                  Total bets




      Lamour: On October 14, MP Jean-Francois Lamour proposed an amendment to move to a new
    tax regime based on gross gaming revenue (GGR).
      Trucy: In his report of October 12, Senator Trucy recommended a change of the tax regime
    based on GGR and the opening of online poker liquidity to players from other regulated countries
      Vilotte: ARJEL's President Jean-François Vilotte called for a change in the tax regime imposed
    on French licensed online gambling operators that is a tax based on gross gaming revenues
      Filippetti: in November, Filippetti introduced an amendment in order to tax players (rejected on
    November, 29)

                                                                            (as of October, 2011)
     21. Maintain the level and terms of current taxes.
     22. Renew the current regime of VAT on online gambling.
     23.Divide the levy on horse betting allocated to municipalities in proportion to their respective
   efforts to fundraise racetracks in the case of fundraising by several municipalities.
     24. Maintain the tax regime based on bets including on betting amounts before the flop (i.e. rake).
SHOULD WE GAMBLE ON FRENCH ONLINE GAMBLING?


                                      (as of January 17, 2012)



                                      (according to Gov. evaluation report)



                  Q4 2010   Q1 2011      Q2 2011     Q3 2011

 Sports Betting   406,000   348,000      302,000     302,000

 Horse Betting    285,000   291,000      296,000     297,000

 Poker            727,000   797,000      778,000     737,000
COMPARATIVE ANALYSIS WITH BELGIUM
Thank you!



 France                       Belgium                    Israel
33 rue Galilée                224 avenue de la Couronne   Vered Tower, Derech Hashalom, 53
75116 Paris                   1050 Bruxelles              Tel Aviv
Phone:+ 33 (0)1 40 70 90 11   Phone:+ 32 (0)2 340 88 10   Phone:+ 972 (0)3 770 70 20
Fax:+ 33 (0)1 40 70 01 38     Fax:+ 32 (0)2 345 35 80     Fax:+ 972 (0)3 770 70 19


Specialized:                                               Our values:
e-Payment                                                 Specialized
e-Health                                                  Innovative
Hi-tech and internet                                      Committed
Intellectual Property                                     Partner
Cinema, Media, Entertainment
Corporate and Competition law applied to
those sectors                                                      At Ulys, ISO 9001:2000 stands for:
                                                                   “Client-oriented organization”

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Online Gambling in France - from legalization to maturation - Janv 2012

  • 1. ONLINE GAMBLING IN FRANCE - FROM LEGALIZATION TO MATURATION - Thibault VERBIEST Attorney at law Brussels and Paris Bars Millennium Mayfair, London, www.ulys.net January 23rd, 2012
  • 2. LEGALIZATION OF FRENCH ONLINE GAMBLING
  • 3. OBLIGATIONS OF FRENCH ONLINE GAMBLING OPERATORS Examples of technical requirements: Storage of gambling operations has to be done in real time on a server located in France (“frontal”). All data processed between players and operators have to be stored within this server A top-level domain name .fr has to be used. All internet connections made from the French territory, or after identification of the player as living in France, have to be redirected by the operator to the .fr website. For example: certify the identity of each new player including age, address and identification of the bank account on which assets are transferred (this account must be established in the EU). Prevent the registration of web bots, by requiring code typing at any sale of game
  • 4. CASES OF INFRINGEMENT: ARJEL VS. … E.g.: ARJEL asked ISPs to block Maltese scratch2cash.com website and a set of other websites such as aeroplayer.com, casino-broceliande.com, Cypriot websites slotsjungle.com and winpalace.com. (last Sept.) Decree No. 2011-2122 was adopted and published on January 1 and provides instructions on blocking measures and mandates that ARJEL should foot the cost of any extra costs that ISPs incur as a result of blocking illegal sites. In February 2011, the ARJEL asked Pokerstars to suspend its Home Games, which the online gambling site agreed to do. The games were to be suspended indefinitely, until the regulator examined whether or not this new game is compatible with current legislation and the ARJEL’s regulatory goals.
  • 5. REVIEWING FRENCH ONLINE GAMBLING: THE TAX DEBATE Current tax % Tax base regime Sports betting 9.3% Total bets Horse betting 14.4% Total bets Poker 2% Total bets Lamour: On October 14, MP Jean-Francois Lamour proposed an amendment to move to a new tax regime based on gross gaming revenue (GGR). Trucy: In his report of October 12, Senator Trucy recommended a change of the tax regime based on GGR and the opening of online poker liquidity to players from other regulated countries Vilotte: ARJEL's President Jean-François Vilotte called for a change in the tax regime imposed on French licensed online gambling operators that is a tax based on gross gaming revenues Filippetti: in November, Filippetti introduced an amendment in order to tax players (rejected on November, 29) (as of October, 2011) 21. Maintain the level and terms of current taxes. 22. Renew the current regime of VAT on online gambling. 23.Divide the levy on horse betting allocated to municipalities in proportion to their respective efforts to fundraise racetracks in the case of fundraising by several municipalities. 24. Maintain the tax regime based on bets including on betting amounts before the flop (i.e. rake).
  • 6. SHOULD WE GAMBLE ON FRENCH ONLINE GAMBLING? (as of January 17, 2012) (according to Gov. evaluation report) Q4 2010 Q1 2011 Q2 2011 Q3 2011 Sports Betting 406,000 348,000 302,000 302,000 Horse Betting 285,000 291,000 296,000 297,000 Poker 727,000 797,000 778,000 737,000
  • 8. Thank you!  France  Belgium  Israel 33 rue Galilée 224 avenue de la Couronne Vered Tower, Derech Hashalom, 53 75116 Paris 1050 Bruxelles Tel Aviv Phone:+ 33 (0)1 40 70 90 11 Phone:+ 32 (0)2 340 88 10 Phone:+ 972 (0)3 770 70 20 Fax:+ 33 (0)1 40 70 01 38 Fax:+ 32 (0)2 345 35 80 Fax:+ 972 (0)3 770 70 19 Specialized: Our values: e-Payment Specialized e-Health Innovative Hi-tech and internet Committed Intellectual Property Partner Cinema, Media, Entertainment Corporate and Competition law applied to those sectors At Ulys, ISO 9001:2000 stands for: “Client-oriented organization”