Does the current regulation of gambling in Germany make sense? Will the State Treaty on Gambling (GlüStV) of 2021 achieve its objectives? Do changes need to be made? These and similar questions will have to be answered in the official evaluation of the GlüStV in 2026 at the latest. The interim report, which is likely to be published soon, could already provide some direction.

We have just reported once again on the massive increase in dissatisfaction with the current legal provisions for gambling in Germany: The German Online Casino Association openly criticised regulation and GGL. The German Sports Betting Association had previously called for changes to the regulatory policy.

These and similar calls do not fall on deaf ears at the Joint Gaming Authority of the federal states (GGL). It repeatedly confirms close cooperation with the industry, favours exchange and confirms developments. Even difficulties and deficits are acknowledged in various contexts. However, when it comes to real change, the department must maintain its responsibilities and powers. To put it bluntly, there is not enough room for manoeuvre to change everything directly. The rules of the GlüStV must be adhered to - changes to them are not within the authority's power: this was the quintessence of the reaction to the recent complaints (we reported).

The light at the end of this tunnel of constant, but relatively ineffective criticism and - especially among players - ever-increasing frustration is the evaluation of the GlüStV, which is officially scheduled for 2026. If those responsible then come to the conclusion that the regulations are worth changing, it is entirely possible that reorganisation measures will be implemented. How likely adjustments are and to what extent they could occur is difficult to predict at present. However, the interim report on the evaluation of the Interstate Gambling Treaty that has now been announced should provide some indications.

This is what the interim report on the evaluation of the GlüStV 2021 is all about

According to various press reports, the Ministry of the Interior, Digitisation and Municipalities of the state of Baden-Württemberg has issued a statement (printed matter) according to which the GGL has "completed the draft of the interim report on the evaluation pursuant to Section 32 GlüStV 2021". Unfortunately, we do not have the direct communication.

The State Treaty on Gambling of 2021, specifically Section 32 thereof, stipulates that the effectiveness of the new provisions must be reviewed by the GGL, i.e. the overarching gambling authority of the federal states. The focus here is primarily on "the development and spread of unauthorised gambling in black markets", the "central performance of tasks by the competent gambling supervisory authority", the "protection of gambling addicts or persons at risk of gambling addiction" and "combating gambling addiction". The deadline for the first evaluation is (so far) December 2026, after which a new evaluation is to be carried out every five years. The announced interim report should already provide an initial direction.
The Ministry of Baden-Württemberg states the following verbatim: "The highest gambling supervisory authorities of the federal states have finalised the draft of the interim report on the evaluation in accordance with Section 32 GlüStV 2021. The draft will be submitted to the Standing Conference of the Ministers and Senators of the Interior of the federal states for approval, release and examination of mandates for action via the responsible working groups, which is why a specific publication date cannot yet be specified."

The report is expected to be approved in June 2024: And what does it say?

According to various media, the interim report on the evaluation of the GlüStV 2021 has been finalised since the beginning of 2024. However, it still needs to be approved before publication. The appropriate occasion for this is likely to be the Standing Conference of Ministers of the Interior in June 2024, where the evaluation will finally be approved and then made public.

The question now, of course, is: What's in it?

Unfortunately, we can only guess so far. It is fairly certain that the aforementioned central audit requirements of the GlüStV will be addressed. However, the extent to which this will happen remains unclear.

  • There is speculation in the press that specific issues surrounding the regulations on gambling advertising on television and the internet will be discussed. The increasing sponsorship of gambling providers in the German sports landscape is also likely to be an issue.
  • Furthermore, press representatives and gambling experts consider a possible network ban to be an important point. The legal framework conditions for implementing corresponding measures may then be up for debate.
  • After all, it is likely that casino games and their authorisation in Germany will occupy a considerable area. There is speculation here and there as to whether the authorisation process will be speeded up. So far, the process has been extremely time-consuming. Each slot machine game actually has to be tested and analysed individually. Will it perhaps even be possible to involve the game providers in the process in future so that they can create the right conditions for their products for the German market?
  • And then, of course, there is the issue of table and live casino games. There are already individual solutions in place in the individual federal states, but these only apply to the respective territory. A comprehensive regulation would of course be desirable here.

Conclusion

There has been a lot of speculation so far - unfortunately, it is not yet possible to say exactly what the interim report on the evaluation of the GlüStV 2021 will ultimately bring. The approach is regulated in the GlüStV. However, there is a lot of room for interpretation when it comes to the specifications. The likely focal points that appear in the press seem sensible. After all, it is always the politics surrounding advertising and games that provoke particularly loud criticism. It will also be interesting to see what the report actually says about the strength of the black market in Germany. Is it just scratching the surface in terms of development? Or are they possibly looking a little deeper and analysing the reasons why illegal offers are apparently still very popular with local players?

Image source: https://pixabay.com/de/illustrations/brainstorming-gesch%C3%A4ft-3170036/

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