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European Gaming News

Exclusive Interview with Ivan Sagál (Managing Partner of Bird & Bird offices in the Czech Republic and Slovakia)

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While our team is gearing up for our event in Prague, I have managed to catch up with Ivan Sagál, who is a Managing Partner of Bird & Bird offices in the Czech Republic and Slovakia. You can meet Ivan in person by attending the second edition of Prague Gaming Summit which will be held on the 29th of March at Andel’s by Vienna House Prague. You can find more details here.

With this occasion, I would also like to thank you for following my interview series and for sharing these information with your colleagues and partners. If you would like to be featured in an upcoming interview, please send me an e-mail to [email protected] and I will happily get back to you!

Thank you very much for accepting our invitation and answering the questions. You have more than 20 years of experience in the commercial, corporate and financial law, advising clients from across a number of sectors including lottery & gaming, telecommunications, media & entertainment and financial services. Why did you choose the gaming industry?

Ivan: It is an interesting question. If answered lightly, it is rather that the gaming industry chose me than the other way round. One of my main areas of focus since the beginning of my career has always been the transactional work – that is helping international and local companies expand their business through acquisitions, joint ventures, strategic commercial contracts and various other forms of business deals, as well as in getting the necessary funding for those deals. For many years, companies with business interests in the gaming industry have been among my clients, and naturally, when you want to provide a high-quality expert advice in a transaction involving a gaming business, you need to understand the strategic commercial issues that gaming industry is facing as well as the regulatory legal framework. And when you initially get this insight into the industry, it is just logical you keep yourself abreast of subsequent industry developments (whether they relate to business, technology or regulation) as you never know when another gaming client would be seeking your support based on positive references from your previous clients.

The company you work at, Bird & Bird is a leading global law firm with a strong focus on the businesses sectors where digitalization and technology plays a key role, including gaming industry. What is the focus on in your work at the company; what are the key values of this company?

Ivan: One of the main strategy pillars of Bird & Bird has always been excellence in client service achieved through a strong sector focus. We believe that what differentiates the top legal advisors from the good ones is their deep understanding of the particular industry sector in which their client operates which must be in addition to their excellent legal skills. Many of our lawyers have additional professional background. This is thanks to their previous career in the particular industry or thanks to their additional technical education. Another key element of our strategy is our international reach, meaning that when clients come to us through any of our international offices, they get the same level of service, whether in terms of project management, legal expertise or the sector knowledge. We achieved that through a strong emphasis on the ‘one firm’ approach in internal procedures, knowledge sharing as well as cross-border client projects.

Please tell us more about the services the company offers especially those which are connected to gaming, gambling.

Ivan: Bird & Bird is a full service global law firm, providing advice in all main areas of business law, including Corporate/M&A, Banking & Finance, Dispute Resolution, Employment, Intellectual Property, Privacy & Data Protection, Outsourcing, Real Estate, Tax etc. We have developed an unparalleled expertise in a number of industry sectors, especially those based on, or largely being re-shaped by, the new technologies and digitalization. Naturally, gaming industry is at the forefront of this change, given its rapid development towards the digital era, and we help gaming companies adopting to new regulatory challenges as well as expanding their reach to new markets. This involves advising in all aspects of licensing procedures (whether in setting up businesses or updating licensing scope due to new legislative changes), sorting out ad hoc regulatory issues (whether due to the probes or inspections by the authorities or new business ideas crossing the regulatory borderline), analyzing and outlining solutions in situations where several other regulatory frameworks overlap with gaming regulation (such as marketing and advertising rules, data protection/GDPR issues, payment services regulation under the PSD2 directive etc.), as well as all forms of transactional support – acquisitions, joint ventures, strategic commercial contracts, new technology deployments etc.

You have more than 20 years of experience in the business. Will you please tell your opinion about the European gaming industry and also about the gaming industry of the Czech Republic?

Ivan: In my view the gaming and betting industry as a whole is one of the fastest-changing industry sectors of the last decade. I am fascinated by the speed of this change, which to a large extent is due to a rapid development of new technologies and moving the user experience into the online world. What this brings, of course, is a totally new perspective for the national regulators, who historically have been very much used to control the domestic playgrounds tightly without giving much consideration to what was happening elsewhere in the world. With the digitalization of the business and the online environment, the visible borderlines are suddenly gone and of course the largest international players are somehow disrupting the status quo in smaller markets. When you add to the mixture the general principle of freedom to provide services under EU legislation and on the other hand the commonly accepted risks of unregulated (or under-regulated) gaming or betting on the society, plus the difficulties of the tax authorities to track or allocate the income from such online activities based on its geographical source, it is clear that everyone involved is facing many uncertainties. I still see, however, that in general the industry is doing well, whether Europe-wide or in our country, so apparently it is possible to adapt to the challenge and live well.

Last year the government of Czech Republic planned to restrict online bonuses and free bets, because they found alleged links between these promotions and problem gambling. What is the situation now concerning this issue?

Ivan: It is not that much about imposing new restrictions through e.g. a legislation amendment, but rather about a narrower vs. wider interpretation of the existing provisions of the new Czech gaming law by the regulator (Ministry of Finance). It is true that the regulator has issued a standpoint to certain forms of bonuses and free bets from the perspective of compliance with the general rules of Czech gaming law. This has been issued in August last year, so it is relatively fresh and is yet to be tested in the potential administrative proceedings (or later court proceedings) in a particular case. Also, it has to be mentioned that the standpoint does not automatically mark all forms of bonuses as illegal, it rather analyses the rationale and nature of the particular bonus in the light of legislation provisions and generally divides these bonuses in three categories – generally allowed, allowed if included in the pre-approved gaming plan or disallowed. However, the standpoint is not a generally binding law but rather just the guidance, and as such may be changed or overcome in the future.

How did this new situation, the restrictions affect the Czech gambling industry and what would be the solution for the future of this sector in your country?

Ivan: As already mentioned, the new Czech gaming law definitely changed the landscape of the industry locally, and generally imposed additional requirements on the compliance functions of all market players. Based on my initial observation, however, it definitely did not ”kill” the market (as was feared by many players before the enactment of the law) and it is still too fresh to analyze its deeper impacts on the industry as well as the society. In my view, however, the future of the Czech gambling would be very much inter-linked with whatever developments in more advanced jurisdictions (especially within the EU), both with respect to the further technology and digitalization development, as well as regulatory framework (including more unified interpretation and application of the general regulatory principles).

To meet Ivan in person, make sure you register and attend Prague Gaming Summit 2018, held on the 29th of March at Andel’s by Vienna House Prague.

Interviewee profile:

Ivan Sagál is a Managing Partner of Bird & Bird offices in the Czech Republic and Slovakia. Bird & Bird is a leading global law firm with a strong focus on the businesses sectors where digitalization and technology plays a key role, including gaming industry.

Ivan has more than 20 years of experience in the commercial, corporate and financial law, advising clients from across a number of sectors including lottery & gaming, telecommunications, media & entertainment and financial services.

His team has been actively involved in advising various gaming companies from market leading national lotteries and gambling multinationals to small peer-2-peer gambling startups on a broad range of legal issues including gaming regulatory and licensing matters, legality of advertising of gaming products, data protection, compliance, regulatory aspects of consumer protection, competition, commercial, and transactional matters.

Ivan is a member of the Czech and Slovak Bar.


Source: European Gaming News

European Gaming News

Could the Gambling Commission ban wagering requirements?

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Wagering requirements; whether you love them or hate them, with the Gambling Review well underway, there’s never been a better time to debate if they still have a place in modern gambling and whether the upcoming review will ban them once and for all. But first, let’s look at their development and why they are a contentious issue in the industry. 

What are wagering requirements?

Wagering requirements are a common term and condition attached to a bonus that prevents players from taking a promotion and withdrawing it immediately. They are applied differently by each gambling brand. Some, like PlayOJO, Paddy Power, MrQ and Betfair, have revolutionised the casino scene by offering no wagering bonuses. In contrast, others take the predatory route and list bonuses with up to 100x requirements (the average is around 30x).

The requirement is the amount a player must wager at the casino before any winnings made with a bonus are valid for withdrawal. In the case of a £100 bonus, a 30x requirement would mean a player must wager a total of 100×30=£3,000 before they could withdraw any winnings. Most players would easily decimate their winnings before fulfilling the condition and, as most bonuses expire within 7-14 days, may well be forced to play for periods, or at times, they otherwise might not.

Why do wagering requirements exist?

In the early days of online casinos, bonus hunting among players became widely popular. It led to forums where players shared information on where and how to profit from the best welcome bonuses, earning money from the available offers available and never playing at a site again.

As casinos began to notice players taking bonuses and withdrawing without using them fairly, they combatted the practice with wagering requirements and other terms, such as the ability to withdraw a bonus and any winnings made if an account was suspect of this activity.

However, with no limits or official licensing rules to regulate wagering requirements at that time, things soon got out of hand as operators set high limits that were and still are unattainable to most players. Additionally, in many cases, the terms and conditions were not clearly displayed or explained, leading to the confiscation of bonuses and winnings without players understanding how or why they’d fallen foul of the casino’s rules.

Wagering requirements under fire with UKGC

By 2014, and following a flood of player complaints, the Gambling Commission weighed in, creating the Gambling (Licensing and Advertising) Act which prescribed operators were to advertise their bonus terms and conditions clearly and explain them to players. This led to some reducing their requirements to more feasible levels. However, not all operators followed suit, hence why we’re still discussing wagering requirements today.

More recently, in February 2022, the UKGC set its sights on reforming wagering requirements again, issuing new guidance regarding fair and transparent terms and practices, which acknowledged that wagering requirements could lead to excessive play, not in line with social responsibility rules for operators. 

The new guidance rules cited that licensees used potentially unfair terms, with examples including:

  • “terms that allow licensees to confiscate customers’ un-staked deposits
  • terms regarding treatment of customers’ funds where a licensee believes there has been illegal, irregular or fraudulent play
  • promotions for online games that have terms entitling a licensee to void real money winnings if a customer inadvertently breaks staking rules
  • terms that unfairly permit licensees to reduce potential winnings on open bets.”

It also stated that the Commission was aware of:

  • “terms and conditions that are difficult to understand
  • welcome bonus offers and wagering requirements which may encourage excessive play.”

While the guidance did not contain rules for abolishing or limiting wagering requirements, they instructed licensees to review their terms and conditions to ensure they fit consumer protection laws and that; “The LCCP requires rewards and bonuses to be constructed in a way that is socially responsible. Although it is common practice to attach terms and conditions to bonus offers, the Commission does not expect conditions, such as wagering requirements, to encourage excessive play.”

Will wagering requirements be banned?

With the Gambling Review white paper currently overdue and keenly expected by all industry stakeholders, many wonder if it will cover wagering requirements or, more specifically, exclude them from casino practice. The Gambling Review aims to update the 2005 Gambling Act, fit for the modern age, and wagering requirements would undoubtedly slot into the remit of what’s being discussed, which includes greater player protections and affordability checks.

While it’s clear that some big-name operators and affiliates like No Wagering are pioneering the way in bringing zero wagering bonuses to players, many sites have not followed suit. This is despite clear evidence that players favour fairer bonuses (PlayOJO is one of 39 brands operated by the same parent company, it is the only one with zero requirements, and it’s the most successful of all, according to the company).

Realistically, we’re not sure that the new gambling regulations will ban wagering requirements completely (as we covered earlier, they do exist for a reason), but it certainly wouldn’t be beyond the imagination for there to be a maximum cap applied in the view that excessive requirements equate to excessive play.

What’s next for operators and bonuses if wagering requirements are banned?

Bonuses are one of the most important factors for players in picking between casino sites, and they make players feel lucky to score something for free straight off the bat (even if the wagering requirements mean this is not really the case). 

If wagering requirements are banned, operators unwilling to offer bonuses without wagering requirements will have to return to the drawing board and reimagine rewards, especially welcome offers. Alternatively, they could begin competing based on other USPs, such as focusing more on the casino product to pull in the punters by offering unique games, making space for indie developers, having instant withdrawals, or gamified loyalty benefits and better loyalty clubs.

Moreover, it would present a fantastic opportunity for remote operators to move away from the tired system of matched deposit bonuses towards more exciting and fresher ideas like promo wheel spins, mystery gifts on first deposits, prize draws and so on. With brands including PlayOJO, Paddy Power, MrQ and Betfair already doing this, operators do not lack a blueprint to success, just the gumption to embrace a new model.

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Bulgaria

Betway Bulgaria officially launches, offers live and bet-builder options

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Another company has officially launched its activities in the growing niche of online betting in Bulgaria. But here we are not just talking about another operator licensed by national institutions, but about a leading brand worldwide. Betway is one of the largest bookmakers in Europe and globally, and the fact that it already offers its services in Bulgaria speaks positively about the development of the gambling business in the country.

Indications of an increase in the size of the industry appeared last year, when several operators received a permit to operate under Bulgarian jurisdiction. It is unlikely that this process will end with the official launch of betway bulgaria, rather the brand entering the country can be perceived by international operators as a positive assessment of the market in Bulgaria. What can we find at Betway besides the obvious – increased competition and of course more choice for consumers?

What do we find in the sports section?

Sports betting – this is the leading sector of the company, which started operations in 2006. The brand is associated with a number of teams in Europe such as Tottenham, Atletico Madrid, Leicester, Alaves, Belenenses, Werder, etc. Of course, the top championships in Europe are present in the latest betting platform, but that’s not all. Betway offers the opportunity to make predictions at less popular UEFA championships. The fans of the Bulgarian championship have options too. All matches of the First League are present in the bookmaker’s menu, and are offered with dozens of choices for each of them.

Real-time bets and long-term combinations

Live bets are a big thrill for many players. This option is present at Betway, and this also applies to the mobile version, of course. It is not difficult to detect current events – they come first when loading the platform. And with them the bookmaker really comes up with interesting offers, some of which are rare on the Bulgarian market. The outcome of the bets become clear in literally seconds if the next goal market or one of the performance options is selected.

In addition, the company accepts predictions with a much longer horizon. It is now standard to bet on who will be the champion in England, Spain, Italy or Germany. However, there are also specific markets and selections for certain teams – will Barcelona take the trophy this season, will Liverpool reach the final in at least one of the tournaments in which it participates, etc. And if users don’t find what they’re looking for in these offers, they can always turn to the betting menu. The bet-builder is still limited to one match, from which we can choose two or more selections until the desired odds are formed. This is the most appropriate way to optimize the bet according to personal preferences and therefore it is increasingly preferred by the players.

Betway’s first steps on the Bulgarian market are impressive. And this is just the beginning, we can expect even more in the near future.

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European Gaming News

EveryMatrix inks RGS Matrix agreement with Wild Boars

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EveryMatrix announces the second RGS Matrix partnership with Wild Boars, newly launched gaming studio that aims to bring creative storytelling and a fresh feel to the gaming industry.

Launched in 2019 as EveryMatrix sixth standalone solution, RGS Matrix enables gaming development teams to distribute, manage, and report upon a proprietary game product portfolio.

This ‘out of the box’ remote gaming server was built on an open architecture and caters for outstanding player experience, consistent deployment, and quicker content integration.

Mathias Larsson, Managing Director of RGS Matrix, says: “This is our second RGS Matrix agreement and it brings me a lot of joy to know that our solution starts gaining momentum in the market. Our remote gaming server aims to help the new generation of game builders by providing all the means to create, design, distribute and manage games.

“The team of Wild Boars is experienced, skilled and highly creative. I am looking forward to seeing their games live and appreciated by players in many countries.”

Oleksandr Yermolaiev, Managing Director of Wild Boars, comments: We truly believe that choosing a right partner is crucial for success. For us, RGS Matrix and its remarkable team is just that partner. We are excited to use EveryMatrix solution, focus on what we do best and bring our innovative games to a wide range of operators, territories and players. RGS Matrix is dashing ahead and we are happy to join the ride.”

RGS Matrix powers slots and table games, and is currently certified for Malta, Latvia, Lithuania, Estonia, Sweden, Spain, Denmark, Romania, and Colombia, with many jurisdictions to come in the upcoming years.

 

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