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Below, we set out the legal status of online gambling in the four largest European gambling regions: France, Germany, Italy, and Spain.
As you will see, every country takes a legalize-and-regulate approach to online sports betting. But some are much more flexible and liberal with their licensing regime than others, which seriously affects the amount of legal options available to bettors.
The table below briefly summarizes the position in each country. The resultant sections provide more detailed descriptions.
COUNTRY IS ONLINE SPORTS BETTING LEGAL? ARE ONLINE BOOKMAKERS REQUIRED TO HAVE A LICENSE? IS IT SMART/SAFE TO USE AN UNLICENSED SITE? DO ONLINE BETTORS Need to PAY TAX ON WINNINGS?
France Yes Yes No Yes. If over $1,500
Germany Yes Sort of Maybe No
Ireland Yes Yes No No, except for”professionals”
Italy Yes Yes No No
Netherlands Yes, but barely Yes , but it’s withheld from the operator
Spain Yes Yes No Yes, if over $2,500
Sweden Yes Yes Maybe No, as long as the sportsbook is licensed in EU
France
Online sports gambling is legal but heavily regulated in France. To legally offer sports wagers to French residents, a gambling sitemust be licensed from the ARJEL (Autorit?? de r??gulation des jeux en ligne, which translates to”Regulatory Authority for Online Games”).
Considering that the French government puts heavy tax burdens on operators, several online websites register in other authorities and yet still try to supply their services to individuals in France.
Under the current legislative framework, this can be considered illegal. Even if an online sportsbook has a permit in a foreign jurisdiction, say Gibraltar, it cannot legally provide sports-betting solutions to the French public without a permit in the ARJEL.
This is true in several regions of the planet. However, the French governments are more proactive in policing it than many, going so far as to block access to certain sites from inside France.
[Though] the only act of placing a bet at an unlicensed sportsbook might not be illegal under French law… with an unlicensed sportsbook still includes a number of risks.
It must be mentioned that, like in the US, the mere act of placing a wager for an unlicensed sportsbook may not be prohibited under French law. The legislation tend to target online gambling providers rather than the individual bettors.
However, employing an unlicensed sportsbook still includes a number of risks. You cannot be certain that unlicensed sites will remain accessible from inside France. The government may take action to block access and efficiently shut-down their existence in the country at any time, because it is operating illegally.
Because of this, the safest route for sports bettors in France would be to use a licensed sportsbook.
Figuring out which sites are accredited and which aren’t is simple. The ARJEL keeps an updated list of all of the licensees on its own site: http://www.arjel.fr/-Liste-des-operateurs-agrees-.html.
The ARJEL keeps an updated listing of all of the licensees on its own website.
The site is in French, obviously, but if you’re using an internet browser like Chrome, it is simple to interpret the page to English. (While the grammar won’t be perfect, you’ll have the ability to decode the essential elements.)
If (when?) Your sports-betting efforts prove fruitful in France, be aware that everything over $1,500 has to be declared as income and, as such, is taxable. In accordance with rgweek.com, online gambling is redeemed at approximately 9%.
Germany
The legal standing of online sports betting in Germany is in a state of flux and has been for some time. The German government has sought to greatly regulate the marketplace as well as in 2012, passed an amended Interstate Treaty on Gambling, which banned online gambling (and online gambling in all its forms) except for those offered by the government or licensed by the regulatory authorities. (This law was actually a relaxation of an earlier law, which didn’t even permit for licenses and effectively made a state monopoly.)
The law came under siege almost as fast as it came into effect. Importantly, the EU’s Court of Justice has ruled that the law impermissibly limits online gambling websites based/licensed in other countries from offering their solutions to Germans.
[T]he EU’s Court of Justice has ruled that [Germany’s online betting law] impermissibly restricts online websites based/licensed in different countries from offering their solutions to Germans.
The German government reacted by amending the law, but only slightly, and said amendment has not come in to force. The amended law could simply raise the amount of licenses that the government could grant; it would not give foreign sportsbooks carte blanche to operate in Germany. It remains to be seen whether such a law — if it comes into force — could be deemed an acceptable restriction by the courts.
What Germany is currently left with is essentially a garbage heap of legislation pertaining to internet sports betting. The legislation on the books need sportsbooks to possess a permit to work legally, but the laws themselves (and the licensing procedure they create) are deemed impermissible by the EU courts.
In practice, quite a few foreign-based sports-betting sites continue to function in Germany (meaning they continue to take German bettors and continue to be accessible from within Germany’s borders). Unlike in France, in which the government have taken a hands-on approach to restricting access to unlicensed online operators, the German government doesn’t appear to be actively attempting to stop these overseas sportsbooks from operating in Germany, likely because of the state of the present legislation.
As the International Comparative Legal Guides’ 2017 paper on Germany states,”[T]he licensing process for… sports gambling licenses… continues to be held incompatible with EU law… Criminal proceedings have… rarely been pioneered. … German authorities authorities… have been reluctant to impose gaming law offenses, one explanation for this probably being that German gambling law has been characterised by legal doubt because of it facing severe criticism in light of EU law for decades now.
In connection with sports betting… any enforcement actions brought against sports betting operators at a situation where an unlawful de facto monopoly persists (as held to be the case in Germany) is incompatible with EU law.”
[I]n the rare instances when [German] authorities do prosecute breaches of gambling laws, it’s the operator that is held accountable, not the bettor.
The newspaper also notes , in the rare cases when the government do violate breaches of gaming legislation, it’s the operator that is held accountable, not the bettor.
The final result is that Germans can feel very safe — by the state authorities, at least — when it comes to using online gaming websites, whether those are licensed in Germany or elsewhere.
Choosing the Very Best and most-secure sportsbook in Germany does not come down to whether It’s accredited, but will instead be determined by a multitude of additional variables, such as:
A record of timely payments
A standing for anonymity and security Accessible and easy-to-use help segments A huge array of deposit and withdrawal methods Strong client service representation
A wide selection of sports markets to bet on.
Regarding taxation, just winnings in the state-run sites are taxed. Due to the cluttered and muddled legal program which now exists, there doesn’t appear to be any process set up for taxing winnings from personal online sportsbooks.
Ireland
Like most European nations, Ireland regulates online sports gambling through a licensing strategy. The Betting Act 2015 is the relevant law right now, and provides that anyone looking to give bookmaking or betting services to individuals in Ireland has to be granted a permit from the Revenue Commissioners, which double as the Irish taxation support.
As with almost any regulatory strategy, this has advantages and disadvantages for the general public. The simple fact that sportsbooks have to pay tax and proceed through the bureaucratic hoops of acquiring a license contributes to things like higher juice on the other end.
On the other hand, the licensing system also guarantees that only legitimate sportsbooks provide their solutions to Irish residents.
How?
Under the present legal framework, the officers of this corporation applying for a license must, inter alia, obtain certificates of fitness.
Furthermore, licenses are only granted for two years at a time and, as stated by the ICLG, one of those variables which the Revenue Commissioners consider during renewal applications is if the sportsbook has paid its debts. That’s vital, as bettors can’t sue sportsbooks for unpaid debts in Ireland, or vice versa. (Betting debts are generally unenforceable.) The licensing system offers an impetus for sportsbooks to operate on the up-and-up.
As with most countries, the penalties for unlicensed sports gambling fall almost exclusively on the operators. But Irish punters are well-advised to stick to licensed books, nonetheless. If an online gaming website is offering its services to Irish bettors with no license, there is going to be a concerning reason for it. Either it doesn’t want to pay the $10,000 license fee, it doesn’t wish to pay the applicable tax, its application has been dropped, etc.. Whatever the reason, it leads to serious questions about the sportsbook’s validity and/or financial health.
When it comes to taxation on gaming winnings, the typical Irish better can break easy. Only professional gamblers have to pay tax in their gambling profits.
Who qualifies as a “pro”? That’s for the Revenue Commissioners and the courts to determine. Normally, it is dependent upon how far a person stakes, their degree of expertise, and whether or not they have another job.
Italy
Once upon a time, Italy was just like Germany, in that it prohibited all sports gambling besides state-run websites. The same as Germany, this paradigm has been deemed impermissible by the EU and also Italy’s sports-betting legislation have since changed (way back in 2006).
Currently, to operate legally in Italy, gambling websites must receive a license in the AAMS, the regulatory authority from the nation. Those that do are liable to penalties.
Quite unlike Germany, the regulatory and licensing system created in Italy was deemed acceptable by the EU’s Court of Justice as it is a lot less restrictive than the process the German’s tried to execute. To get a permit, a site must only have a specific speed of turnover ($1.5M over the past two years), possess its servers located in an EU member state, fulfill specific fee and tax duties, and also be”stable” and”reliable.”
If it comes to contraventions of the legal regime, regulations tend to target gambling sites instead of bettors, and Italians who bet at unlicensed operators shouldn’t fear prosecution by state governments.
On the other hand, the penalties and consequences which could be levied in an unlicensed sportsbook will be felt by this sportsbook’s users, as well.
In accordance with ICLG.com,”[w]here an operator offers gaming with no license, he could face criminal… and civil fees. The website will be prohibited and added to a blacklist.”
Thus, any bettors who opt to utilize an unlicensed sportsbook at Italy risk losing access to this sportsbook from inside the country.
[A]ny bettors who choose to utilize an unlicensed sportsbook at Italy danger losing access to that sportsbook from within the country. … [T]he secure play for Italian bettors is to use a sportsbook that’s licensed in Italy.
As a result, the safe play for Italian bettors would be to use a sportsbook that is licensed in Italy. Luckily, due to the fairly liberal licensing system (which allows up to 200 permits ), there are a multitude of options that provide competitive odds on the most popular Italian markets, such as football, F1, horse racing, tennis, and biking.
When Italian bettors hit it rich, they get to keep all their hard-won spoils since sports-betting winnings aren’t subject to taxation in the nation.
Netherlands
Counterintuitively, the usually liberal lawmakers from the Netherlands have a very conservative approach to online sports gambling. At the moment, online sports betting is illegal in the Netherlands except at the sites run by the government-controlled De Lotto corporation.
Regardless of the rigorous regulatory regime, many overseas sportsbooks provide their services to Dutch bettors. On the other hand, the regulatory authority from the Netherlands (the Kansspelautoriteit ) takes a hands-on strategy to punishing offenders and has imposed heavy fines on many of these sites. Because of this, several internet sportsbooks have done away with their Dutch-language options (etc.) and there are relatively few online betting sites that appeal to Dutch clients.
While prosecution of those who bet at such sites isn’t a large concern, the capacity for Dutch bettors to lose easy access to their bankroll is a huge concern in regards to using unlicensed offshore sportsbooks. You definitely don’t wish to signup with a website and have it block Dutch IP addresses another week.
The new legal regime [set to come into effect in January 2019] will allow foreign-based sportsbooks to get licenses and, consequently, provide their solutions to Dutch bettors.
The great thing is that the problem in the Netherlands is scheduled to change very shortly. A new online gaming bill (the Online Gambling Bill) is scheduled to come into force on Jan. 1, 2019. The new legal regime will allow foreign-based sportsbooks to get licenses and, consequently, offer their solutions to Dutch bettors.
This will undoubtedly improve the betting market in the Netherlands by increasing competition for customers. Up to this stage, the government-run entities were unchallenged and had little reason to enhance their product or their odds.
Concerning taxation, Dutch players have to pay tax at a speed or 29 percent of their winnings (over and above $449). But according to Alan Littler of Kalff Katz & Franssen Attorneys at Law,”While participants are liable for the tax because of prize, suppliers are required to withhold the relevant amount when paying the prize”
Spain
Since 2011 when the Spanish Gambling Act was passed, Spain has obtained a nationally legalize-and-regulate approach to online betting, akin to the major European allies covered over. To legally offer online gaming solutions to Spanish citizens, gambling websites must acquire a permit from the relevant regulatory body (the Direccion General de Ordenacion del Juego, or”DGOJ”).
This was bad news for online operators as Spain was formerly similar to the Wild West. Despite regulation in the provincial level, it was a lawless land where anything moved and online sportsbooks worked with impunity, irrespective of location, equilibrium, etc..
While the imposition of a licensing program has diminished the amount of (legal) options available to Spanish bettors, that’s not necessarily a bad thing. The regime requires sites to meet specific criteria and pay certain fees, which helps ensure that only legitimate sports-betting sites are permitted to operate.
As in Italy and France, it’s wise for Spanish players to utilize a certified site, even though the mere act of placing a bet at an official website doesn’t seem to be prohibited.
Why?
Think about the following from the ICLG:
[I]llegal offline gambling has ever been duly prosecuted in Spain. However, [before 2011] Spanish governments were quite permissive with regards to illegal online gambling operations” But now, those who breach applicable gambling laws risk”large fines [and] the possibility of competent authorities suspending or revoking licenses in case[s] of significant or continuing absence of compliance.
That means online gaming websites operating without a permit are liable to get their Spanish surgeries shutdown at any stage, which could, in turn, impact users’ ability to access their funds.
Given the diligence with which the authorities have assaulted prohibited offline gaming, that is not a risk smart bettors would operate.
How can you tell if you’re using an illegal site? 1 requirement of getting a license is acquiring a”.es” domain name, such as”Bet365.es” or even”WilliamHill.es.” If the URL of the site you are using does not end in”. Es” it’s likely operating illegally.
However, the converse is not necessarily true: using a”. Es” domain doesn’t necessarily mean that a website is licensed in Spain. So Spanish bettors must take steps to verify their website of choice has the essential license from the DGOJ to operate in Spain. (To interpret that page to English using Google Chrome, follow these steps.)
Last, note that, when bettors in Spain acquire anything over $2,500, it has to be declared as income and is taxed accordingly.
Sweden
The Swedish government exercises strict control over the internet sports-betting industry. In theory, any corporation can obtain a license to provide online gaming goods to individuals in Sweden. However, in practice, just 1 thing was granted a permit, and that’s the government-run Svenska Spel.
As in most jurisdictions with thick bureaucratic barriers-to-entry, many offshore sportsbooks offer their services to individuals in Sweden without a permit. Unlike in areas like Ireland (where licenses are easily obtainable), the fact that a website is available to Swedes with no Swedish permit does not indicate anything nefarious (past the fact that it is prepared to operate in a legal gray area). Operating without a permit is the only option they have.
That does not mean Swedish bettors must signup with the very first website they find. There are both quality sportsbooks and extremely shady ones accessible to Swedes, and performing background research is essential to choosing a safe, secure, dependable site that caters to your specific preferences.
In certain ways, the situation in Sweden is comparable to that in the Netherlands. On the other hand, the Dutch regulatory body requires a more hands-on approach to penalizing juvenile sportsbooks. According to a paper by Erik Ullberg et al. in The Law Reviews, Swedish governments are more inclined to go after the Swedish-based companies that assist juvenile sportsbooks compared to sportsbooks themselves:
As the government do not have jurisdiction over the foreign gambling operators, they have instead concentrated on people in Sweden who take advertisements for these businesses.
The outcome is that Swedish bettors who enroll at unlicensed offshore sportsbooks aren’t putting their bankroll at any risk, unlike their counterparts in the Netherlands, {as long as|pro

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