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Online Casinos in general: Is Online Gambling Legal in Germany ?

Topic created on 13th May. 2017 | Page: 1 of 1 | Answers: 9 | Views: 6,276
Anonym

Is Online Gambling Legal in Germany ?

13th May. 2017, at 04:42 pm CEST#1
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I have long thought about this topic at all to write something.the legal situation is so opaque as with hardly any other topic.nevertheless, I have tried in recent weeks once to collect the most important information and this, for us non-lawyers, as easy to understand as possible to present.


Can I participate in online gambling?


A clear Jein.Grundsätzlich applies: in Germany owns father state the gambling monopoly.nur he may assign licenses and give permission.selbst within Germany there are however substantial differences there since the gambling L?ndersache is.trotzdem is nevertheless with the core statement actually everything clear, or ?! So I may not …....Moment, because the basis of this law concerns only game providers who are based in Germany and thus also subject to the laws applicable here.
Now comes namely the EU into play.The EU says the Online Casinos, provided they were licensed within the EU, can be operated legally and the participation in it is also legal.This applies in all EU member states.Should it at least, because exactly here it came to dispute between Germany and the EU.The Federal Republic of Germany continues to insist on compliance with the national gambling treaty.Thus, a huge, legal vacuum in which we all move.Legal / Ilegal ? The lawyers argue and so far there is also no model procedure in this matter.


Then why do online casinos allow German players at all ?


Why can I register if it is supposedly not legal ? Of course, the casinos are only too happy to comply with European law.But be careful - read the fine print in the terms and conditions times through.Mostly there are texts to find like:
" The participation in games may take place exclusively by persons, at whose domicile after the respective valid legal situation the execution is ALLOWED "
What does that tell us ? Well still actually nothing.the operators evade themselves in any case thereby any adhesion, because with the acceptance of the AGB`s I enter as a player a legally valid contract with the operator.it lies therefore in my own responsibility




What should I do ? Play or not ?


Certainly the most important question of all.So far, no convictions are known due to the mere participation in online gambling.In principle, it would be advisable to wait for the development.The EU and Germany are striving to find an amicable solution in 2017/18.What this looks like, however, is absolutely unclear.


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Daniel
Elite

Is Online Gambling Legal in Germany ?

14th May. 2017, at 03:53 am CEST#2
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Well, it's not quite true that none of the millions of players has been convicted. There was a 25-year-old master painter from Munich two years ago who was sentenced in the first instance to 70 daily rates of 30€ (2,100€) fine. He paid in 120K and paid out 200K and thus won 80,000€. Approximately 60,000€ of the winnings were still left when the state confiscated the money. Out of millions of players, one has been convicted by a local court so far. See: http://www.sueddeutsche.de/muenchen/urteil-gegen-handwerker-glueck-im-spiel-pech-vor-gericht-1.2289466

A year later, however, the Munich Regional Court overturned the conviction and the player got his money back, see: https://www.isa-guide.de/isa-law/articles/150852.html

Basically, this is already a precedent and online gambling (in Online Casinos with a valid European license) is therefore actually already legal and there will certainly be no more German player convicted because of it.

According to a casino manager to whom I made an inquiry about this case, the player was also prosecuted for other offenses and since they could not prove anything to him, they just tried it with the casino card. Actually also plausible. The 25-year-old master painter received a fine of 70 daily rates a 30€. The penalty is measured by the net income. The painter earned at that time thus 1,500€ net in the month. The question is, how does a 25-year-old with an average salary get 120,000€, which he can use in casinos?

In countries where online gambling is actually banned, the online casinos also lock out the players. For example, when I was in Malaysia and logged in somewhere, I was kicked out of the casino relatively quickly. When asked, they told me that I was kicked out because I was in a country where online gambling is banned. When I'm back in Germany or Malta, I'll be allowed to Deposit and gamble again.

If you are a German player who gambles in online casinos from Germany, you don't have to worry in principle. There will certainly not be another conviction.

What could possibly be problematic would be online casinos outside of Europe or illegal online casinos, see here: https://www.gamblejoe.com/news/online-casinos-illegal/

But you don't play there either. Not only because of illegality.

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Anonym

Is Online Gambling Legal in Germany ?

14th May. 2017, at 09:31 am CEST#3
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But there I have to contradict a little bit.The story with the painter master is known to me, but seemed to me a little too opaque.You have already mentioned it that other things played into it.However, the repeal of the judgment is far from being a precedent.Certainly not hundreds of thousands or millions of players will be dragged into court.But the fact is and remains: There is NO legal certainty on this subject. Perhaps rather a kind of toleration based on EU law.100% legal it is not what we all do.

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Anonym

Is Online Gambling Legal in Germany ?

14th May. 2017, at 01:30 pm CEST#4
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Is and remains rather a gray area.
The only sure thing is to emigrate, but who has the wherewithal to do so?

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Skitch22
Elite

Is Online Gambling Legal in Germany ?

18th May. 2017, at 04:50 am CEST#5
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I was not aware of this before.

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Anonym

Is Online Gambling Legal in Germany ?

18th May. 2017, at 06:47 am CEST#6
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In the end, it's all about one question: how will the tax revenues be distributed between the EU, the federal government, and the states after that?

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Daniel
Elite

Is Online Gambling Legal in Germany ?

18th May. 2017, at 02:47 pm CEST#7
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vivera365 wrote on 18.05.2017 at 06:47 clock: That should not unsettle anyone.schlusslich's doch only about one question: how will the tax revenues between the EU, federal government and states then distributed.spieler protection, etc. is them so of indifferent.wenns nach dem Bund gehen würde wir alle nur offline spielen - da ist die Verteilung klar geregelt.

In my opinion, it is actually more about protecting the casinos in which the states are largely involved. Online Casinos (but also gaming arcades) are, so to speak, the competitors. Therefore also booking breaks & Co. so that the High Roller does not migrate to the private ones. A high roller is "worth more" than 100 average players. And a high roller does not want to wait 5 seconds until 20 cents are booked and then hope for a profit of 1-2,000 €.

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hahahahah

Is Online Gambling Legal in Germany ?

18th May. 2017, at 11:28 pm CEST#8
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it is simply illegal.


Daniel:
i think it is wrong to want to protect online casinos.

The target group of these onlinslotscasinos in Malta are arcade players.

Very many of the suchtis have never seen a casino from the inside. or are not even customers of casinos because of the higher gaming limits.

The state is in a quandary on the one hand, they allow these arcades with all the addicts on the other hand, there are Online Casinos that are basically illegal and which should actually be banned for reasons of gambling addiction.

For this reason, the online casinos in the future will offer a German license (as in other countries), (because let's be honest if Germany would like then the German market would already be closed to the casinos, this is easier than you think. )


But that will then lead to the payout ratios will fall even further, because these casinos then have to pay a lot of taxes, etc. similar to the arcades.

All those who do not pay will then be locked out, which is also technically possible without further ado (payment service providers are also involved here)








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nenad
Amateur

Is Online Gambling Legal in Germany ?

26th Apr. 2018, at 03:25 pm CEST#9
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Aaaaa
If it was forbidden it would be forbidden
Example kino.to for streaming movies etc. is forbidden therefore one does not come on the side
If you type online casino on Google, the providers come up
If you type child porn on Google, the police will come
So what is forbidden will be forbidden

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blizzard1986
Experienced

Is Online Gambling Legal in Germany ?

26th Apr. 2018, at 04:11 pm CEST#10
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nenad wrote on 04/26/2018 at 15:25: Aaaaa
If it was banned it would be banned
Example kino.to to stream movies etc is banned that's why you can't get to the site
If you type on Google online casino come the providers
If you type child porn on Google, the police will come
So what is forbidden will be forbidden

Puh that is of course sone thing to say so.
I mean with child pornography it is an unethical serious crime.
With Online Casinos it would be at most not allowed and illegal but no one else is harmed. Ergo No Police.

I think it is almost impossible to ban this. There will always be people who will gamble in Curacao casinos if necessary it cares a shit whether it is legal or illegal in Germany.
Also from the payment services. How do you want to prevent that? Giropay, Neteller, Skrill you can not just ban so. With ewallets, you can connect a prepaid credit card to your account and use it to pay. I use them myself, both virtually and in the store.

The only thing that bothers the state is that he has no real control and earns no taxes on it and the land-based casinos and arcades get competition. Here we come to for example Casinotest24. Why is it even possible for him to stream from Germany (for which you actually have to pay taxes because it is commercial), to run a website where you advertise with gambling links (which is forbidden) and to work as an Affiliate for casinos?

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