Concessions and organisation of online casino games (Sections 17 to 19 of the State Treaty on Gaming 2021 AG SH)
Act of the State of Schleswig-Holstein on the Implementation of the State Treaty on the re-regulation of gaming in Germany (GlüStV 2021 AG SH)
The Minister-Presidents of the states signed the State Treaty on the re-regulation of gaming in Germany (State Treaty on Gaming 2021 [Glücksspielstaatsvertrag 2021 - GlüStV 2021]) under 29 October 2020.
The State Treaty has been notified in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1). On 1 July 2021, the State Treaty on Gaming 2021 entered into force.
On 25 March 2021, the Schleswig-Holstein State Parliament adopted the Act of Consent to the State Treaty on Gaming 2021 (Print matter 19/2593). With the consent of the State Parliament, the GlüStV (State Treaty on Gaming) 2021, with its entry into force on 1 July 2021, acquires in Schleswig-Holstein a Legal status.
The present Act on the Implementation of State Treaty on the re-regulation of Gaming in Germany (GlüStV 2021 AG SH) amends the Act on the Implementation of the First State Treaty on Gaming in Germany (First edition of GlüÄndStV AG) dated 1 February 2013.
This present revision primarily serves to implement the provisions of the State Treaty on Gaming 2021.
The State Treaty on Gaming 2021 AG SH establishes national regulations on location-based lotteries and gambling, stationary sports and horse betting and online casino games. The scope of the State Treaty on Gaming 2021 AG SH does not cover the gambling arcades and casinos. The corresponding provisions of the State Treaty on Gaming 2021 are implemented in the Schleswig-Holstein Act on the Establishment and Operation of Gaming Halls (Spielhallegesetz – SpielhG). The same applies to public casinos in Schleswig-Holstein; for these, the rules on gambling law are finally regulated at the statutory level in the State Treaty on Gaming 2021 and the Federal State Casino Act of Schleswig-Holstein (SpielbG SH).
The provisions of the Implementation Act implement the state-specific standardisation obligations imposed by the State Treaty on Gaming 2021 and define corresponding requirements in areas not conclusively regulated by the State Treaty on Gaming 2021.
In addition to regulations on State gambling offers, lotteries with lower risk potential and sports betting, the legislature also makes use of the opening clause for federal states in Section 22c(1) sentence 1 no. 2 of the State Treaty on Gaming 2021 to permit online casino games within the meaning of Section 3(1a), sentence 2 of the State Treaty on Gaming 2021 on use in Implemention Act. Concessions are granted in accordance with legal requirements in a procedure based on public procurement regulations. Furthermore, the conditions for granting and revocation of concessions are regulated and an authorisation to issue ordinances is standardized.
The aim of the regulation is to channelise the demand for online casino games in Schleswig-Holstein and to channel it into orderly and supervised manner, thus countering the development and spread of illegal gambling in black markets. An operating obligation is imposed on the concession holder. The procedure for awarding concessions is therefore governed by the provisions of the Act against restrictions of Competition and the Ordinance on the Award of Concessions. The Ministry of the Interior, Rural Areas, Integration and Equality is authorised to issue more detailed provisions concerning the operation of the business and the monitoring procedure by the supervisory authority by means of a statutory ordinance.
Finally, the Implemention Act contains administrative offences which accede to those of the State Treaty on Gaming 2021 and relate to the supplementary requirements of the Implementation Act.
In addition to the State Treaty on Gaming 2021, the Implementation Act also contains regulations on protection of data and rules of jurisdiction.