DLA PIPER BRUSSELS GAMING, GAMBLING AND BETTING INDUSTRY
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DLA PIPER BRUSSELSGAMING, GAMBLING AND BETTING INDUSTRY
02 | DLA Piper Brussels – Gaming, Gambling and Betting Industry
DLA Piper Brussels provides specialist strategic advice at the highest level to operators within each level in the gaming, gambling and betting industry, including payment service providers, software technology providers, licensed casinos, arcades and betting shops and foreign companies intending to enter the Belgian market, and maintains good and regular contacts with the competent authorities on both national and international level.
OUR SERVICES AND RECENT EXPERTISE
Our team is uniquely equipped to provide assistance to any person or firm active in the industry, amongst others in the following key areas:
Gambling and betting advisory and contract work
■ We assisted a multinational online sports betting and online casino gaming operator on the possibilities of entering the Belgian gaming market
■ Providing counsel to an online betting operator active in more than 100 countries on the Belgian Gaming Commission’s intentions of introducing a maximum daily loss for online bets
■ We drafted and negotiated a cooperation agreement between a Belgian F1 and F2 licensed operator allowing the F2 operator to take on sports and event betting for the account of the F1 license holder
■ Review and drafting of the online player terms and conditions for an online casino and betting platform in Belgium
■ Assistance of a Belgian casino in the review, drafting and negotiating of an agreement with an American online gaming technologies provider allowing the Belgian casino accessing the online gambling market
■ After several legal cases in Belgium and abroad relating to the liability of a casino in connection with the announcement of incorrect jackpot winnings, drafting a four-language terms and conditions template for four Belgian bricks-and-mortar casinos
■ Advising one of UK’s biggest online gambling operators, also active in various other countries, on the consequences of its recent blacklisting on the Belgian Gaming Commission’s website
■ Providing legal advice to an international online gambling operator on the legality of new forms of gambling such as social gaming
Lotteries, prize competitions and product promotions
■ Assisting a global clothing manufacturer in drafting a cross-jurisdictional template for all sorts of online promotional activities
■ Advising a multinational retailer in various offline and online promotional competitions, aimed at both employees of the group, subsidiaries/affiliates of the group and individual customers
■ Coordinating and advising on contests organized by a European undertaking specialized in the organization of cross-border promotional contests involving various European Member States
■ Drafting templates and advices on Belgian gambling legislation for all kinds of promos organized by the Belgian postal services operator
■ Advising a major American film studio in various types of promotional activities and reviewing and drafting promotional competition terms and conditions
DLA Piper Brussels provides a ‘one-stop-shop’ for legal advice on gaming, gambling and betting issues to clients operating within all levels of this sector, combining first class multi-jurisdictional advice on gaming, gambling and betting laws and regulations with expertise in all other areas affecting operators, including copyright, advertising and branding, technology, data protection, consumer law, litigation, real estate, mergers and acquisitions and competition. Unlike other firms, our firm is uniquely able to provide genuine global and local reach, allowing us to advise on complex issues wherever they arise.
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Licensing procedures, market knowledge, and lobbying with governments and regulators
■ Assisting a global gaming software provider in the assessment of whether or not to obtain an E license in Belgium and bringing this operator into contact with the Belgian Gaming Commission
■ The Brussels office assisted a European gaming software provider in the preparation of a complete file for the application of an E license
■ We provided advice and assistance to an Israel based online gambling provider with respect to the screening of the Belgian arcade market on possible cooperation opportunities
■ We have regular and good contacts with both national and foreign regulators which we believe is key in a market strongly regulated by administrative authorities
EU regulatory framework
■ We assisted a European operator of sports betting services in assessing whether or not to attack the gambling legislation of one of the European Member States on the basis of Union law principles
■ Assisting one of the biggest technology providers on the chances to successfully challenge a national gambling legislation based on Treaty freedom arguments and State Aid principles
Mergers and Acquisitions
■ We concluded a deal which resulted in the acquisition of a Belgian licensed betting operator by an international gambling group
■ Assisting a Belgian casino in the drafting and negotiation of a possible asset purchase agreement with an international online and offline betting operator
■ We assisted another casino in the contractual negotiations of a possible share purchase agreement
Real Estate
■ We represent a Belgian casino owner and operator in proceedings on the possible redevelopment and expropriation plans of the relevant Community
Competition issues
■ Advising one of UK’s biggest online gambling operators on the application of EU competition law to its arrangements with online gambling networks
■ Providing assistance to an online gambling operator on the application of EU law principles of free movement of persons and services to service providers affected by national gambling restrictions
■ Advising on the compatibility with EU competition law of provisions on the restriction of rake-back and other promotional strategies
■ Performing due diligence of EU competition law matters of one of the largest online gambling networks
Gaming, Gambling and Betting Taxation
■ We regularly advise on taxation issues faced by organizers of both promotional contests and games as well as the organizers of online gambling and betting services
■ We advised a Belgian casino on the taxation of online gaming services on community level based on the concession agreement between the casino and the local municipality
04 | DLA Piper Brussels – Gaming, Gambling and Betting Industry
Financial regulations
■ We provided an in-depth and comprehensive Belgian gambling and betting advice to a European bank, including advice on financial regulations
■ DLA Piper Brussels has provided assistance to a global e-payment provider including advising on the applicable regulatory framework in Belgium and the review and amendment of contractual documentation to be concluded between the payment provider and online gambling operators
Criminal law
■ We advised a European sports betting operator on the criminal liability of the company and its directors as a result of the company’s blacklisting on the Gaming Commission’s website
■ We provided legal advice to a global gaming software designer on the potential criminal liability for intermediaries providing gaming technology to unlicensed websites
■ Assistance to a blacklisted online gambling provider in relation to the potential measures that can be taken as a result of its criminal liability
■ Advising a European financial institution on the Belgian regulatory framework of gaming, gambling and betting, including criminal law aspects
OUR TEAM
Our lawyers understand the regulatory framework that underpins this specific industry and the complex relationships that exist between operators, technology providers, regulators and the government.
We have a long and successful track record advising representatives within any level of the value chain on the wide range of legal issues that arise in the sector.
Our network of international offices are on hand to assist with local advice in this complex field which is subject to varying levels and types of regulation at the national level, with little international harmonization.
ADDITIONAL SERVICES
As a full service law firm, DLA Piper is able to fully meet all legal needs of clients in the sector. In addition to the legal fields mentioned in this brochure, we can of course also be of assistance on matters related to litigation, employment, intellectual property, criminal law, general commercial law, and a wide range of other legal aspects.
Our team is unique in that it provides genuine global and local reach, allowing us to advise on complex issues wherever they arise.
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YOUR ADVANTAGES WHEN WORKING WITH DLA PIPER BRUSSELS
■ Cost efficiency: our specialized practice allows you to benefit from an efficient pool of lawyers strongly acquainted with the industry who have an in-depth knowledge of all matters relating to gaming, gambling and betting law – we do not need to reinvent the wheel!
■ Client driven approach: we are confident that each one of our clients acknowledges and values our proactive and fast approach. Certainly in this industry sector, a swift and active follow-up on legal issues, is indispensable.
■ Practical assistance: we know that business values practical and pointed input on the often complex legal questions. Unless required, we do not write handbooks on Belgian law but always provide ready-to-use, business-friendly and comprehensive feedback.
■ Regulatory knowledge: DLA Piper Brussels has regular and good contacts with the Belgian Gaming Commission, which is the most important administrative authority in Belgium on any issues that arise in the industry. As a result, we have the most up-to-date information that can be taken into account when assisting our clients.
■ Cross-departmental approach: many legal issues at stake for gaming, gambling and betting operators involve other branches of law and are not merely limited to sector specific legislation as such. We offer a unique advantage in this respect. We offer assistance in the fields of Litigation, Intellectual Property and Data Protection, Real Estate, Criminal law, Competition law, Mergers and Acquisitions, Tax and Financial regulations, and many others. As a result, in case of legal issues arising in any of those domains, DLA Piper Brussels can handle these issues “in house” and does not need to outsource to another law firm, which is only beneficial in terms of costs, efficiency and client ease.
MULTINATIONAL LEVEL
With 4,200 lawyers spread over 77 offices across 31 countries worldwide, DLA Piper UK LLP is the world’s biggest law firm. DLA Piper is a truly pan-European office with 24 offices across Continental Europe.
DLA Piper has a dedicated cross-border gaming, gambling and betting team to assist with all of client’s international strategies, whether engaging with governments, negotiating with regulators or commercial partners, or structuring your business for what lies ahead. We can guide any client around the pitfalls of working in new environments and are ideally placed to help you run and support successful international businesses with global brands. The firm’s practices are integrated and boast an effective communication and exchange of all information that may be important to each office’s clients, including:
■ DLA Piper’s lawyers periodically gathering to discuss regulatory changes or new legal challenges in their respective countries
■ Through means of an internal DLA Gambling Group, to which more than 40 European DLA lawyers participate, discussing gaming, gambling and betting news and recent events; the Gambling Group’s members also encompass colleagues from the Americas, Asia and the Pacific
■ Further, our lawyers periodically report on recent developments in their jurisdictions on the DLA Piper Gambling Blog “All-in” publicly accessible via blog.dlapiper.com/gambling
Continuous collaboration amongst our dedicated team of international gambling lawyers thus sharpens our collective industry knowledge, creates cross-border cohesiveness and results in efficient delivery of legal services.
AUSTRALIABrisbaneCanberraMelbournePerthSydney
AUSTRIAVienna
BAHRAINManama
BELGIUMAntwerpBrussels
BRAZILSão Paulo
CHINABeijingHong KongShanghai
CZECH REPUBLICPrague
FRANCEParis
GEORGIATbilisi
GERMANYBerlinCologneFrankfurtHamburgMunich
HUNGARYBudapest
ITALYMilanRome
JAPANTokyo
KUWAITKuwait City
MEXICOMexico City
NETHERLANDSAmsterdam
NORWAYOslo
OMANMuscat
POLANDWarsaw
GHANAAccra
IRELANDDublin
KENYANairobi
MAURITIUSPort Louis
MONGOLIAUlaanbaatar
NEW ZEALANDAuckland Wellington
QATARDoha
ROMANIABucharest
RUSSIAMoscowSt. Petersburg
SAUDI ARABIARiyadh
SINGAPORESingapore
SLOVAK REPUBLICBratislava
BOSNIA-HERZEGOVINASarajevo
BOTSWANAGabarone
CROATIAZagreb
DENMARKCopenhagen
EGYPTCairo
ETHIOPIAAddis Ababa
DLA PIPER RELATIONSHIP FIRMS
SOUTH KOREASeoul
SPAINMadrid
THAILANDBangkok
TURKEYIstanbul
UKRAINEKyivUNITED ARAB EMIRATESAbu DhabiDubai
UNITED KINGDOMBirminghamEdinburghLeedsLiverpoolLondonManchesterShef�eld
UNITED STATESAlbanyAtlantaAtlantic CityAustin
PORTUGALLisbon
RWANDAKigali
SOUTH AFRICACape TownJohannesburg
SWEDENStockholm
TANZANIADar es SalaamMwanza
BaltimoreBostonChicagoDallasFlorham ParkHoustonLos AngelesLa JollaMiamiMinneapolisNew JerseyNew YorkNorthern Virginia
PhiladelphiaPhoenixRaleighSacramentoSan DiegoSan FranciscoSeattleSilicon ValleyTampaWashington, DCWilmington
TURKEYAnkara
UGANDAKampala
VENEZUELACaracas
ZAMBIALusaka
DLA PiperRelationship Firms
06 | DLA Piper Brussels – Gaming, Gambling and Betting Industry
DLA Piper is a global law firm operating through various separate and distinct legal entities.
Further details of these entities can be found at www.dlapiper.com
Copyright © 2013 DLA Piper. All rights reserved. | APR13 | 2552301
www.dlapiper.com
If you have finished with this document, please pass it on to other interested parties or recycle it, thank you.
PRESENTATION OF THE TEAM
Erwin Simons Partner Corporate Department T +32 (0)2 500 16 94 [email protected]
Bertold Bär-Bouyssière Partner Litigation and Regulatory T +32 (0)2 500 15 35 [email protected]
Barteld Schutyser Partner Litigation and Regulatory T +32 (0)2 500 15 37 [email protected]
Michael Bollen Partner Real Estate T +32 (0)2 500 16 35 [email protected]
Kristof Slootmans Lead lawyer Corporate Department T +32 (0)2 500 15 06 [email protected]
Kris Beirnaert Lead Lawyer Litigation and Regulatory T +32 (0)2 500 65 30 [email protected]
Michael Marelus Associate Litigation and Regulatory T +32 (0)2 500 16 76 [email protected]
Ortwin Carron Partner Tax Department T +32 (0)2 500 15 90 [email protected]
Patrick Van Eecke Partner IPT Department T +32 (0)2 500 16 30 [email protected]
Antoon Dierick Associate IPT Department T +32 (0)2 500 16 43 [email protected]
Patrick Van Eecke [email protected]
Antoon Dierick [email protected]
In case you have any questions, please contact
FOR FURTHER INFORMATION
DLA Piper’s gaming practice, encompassing lawyers from Europe, the Americas, Asia and the Pacific, delivers topical legal and regulatory gambling updates and analysis from across the globe. Please visit our gambling blog on blog.dlapiper.com/gambling
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