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Montenegro’s evolving legal landscape: recent amendments and controversies in games of chance regulation
Montenegro’s Law on Games of Chance (the “Law”) was enacted in 2004 and has undergone multiple amendments since. The most recent ones came into effect on 1 January 2024.
The aim of the amendments, as stated by the competent authorities, is to ensure a sustainable regulatory system for organising games of chance via the internet or other telecommunication means, as well as to generate additional revenue from these activities. This objective is to be achieved through measures aimed at establishing a variable concession fee for the organisation of online games of chance, a provision not envisaged in the prior legal framework in this area. Another measure to achieve the set goal is to introduce a ban on participation in foreign games of chance via the internet and other telecommunication means for which bets are paid on the territory of Montenegro.
To achieve these objectives through the proposed measures, several amendments to the Law have been proposed and adopted:
- The concept of organising games of chance through the internet or other telecommunication means has been clearly defined for the first time.
- A ban has been introduced on participation in foreign games of chance for which bets are paid within the territory of Montenegro, regarding the organisation of internet betting. Therefore, the competent authorities are now obliged to restrict access to the websites of gaming organisers who accept payments for games of chance from players in Montenegro, through the blocking of IP addresses by an independent regulatory body in the field of electronic communications, as well as the prohibition of all types of payments to foreign organisers. Furthermore, the competent authority is required to maintain and publish a list of unauthorised online gaming organisers ex officio.
- A higher annual fixed fee per casino has been introduced, now amounting to EUR 100,000 instead of the previous EUR 50,000. Additionally, the variable fee for organising games of chance in casinos has increased from 10 % to 15 % of the base.
- A prohibition on organising games in residential-commercial buildings has been introduced.
- A new regulatory framework has been established for the organisation of games of chance on the internet. The most significant changes involve defining the conditions and methods of player registration and identification, as well as establishing the obligation to pay the variable portion of the concession fee for organising betting games of chance over the internet, as well as for organising games of chance in virtual casinos and online slot games. The fee is calculated at a rate of 10 % of the base, which consists of the total amount of stakes reduced by the value of payouts and is paid by the fifteenth of the month for the previous month. The fixed part of the concession fee amounts to EUR 10,000 for all the aforementioned types of games of chance organised over the internet. Additionally, with the introduction of the new Article 68f of the Law, it is stipulated that payments for organising games of chance over the internet can only be made through payment cards or at the premises where games of chance are organised in accordance with the Law.
The new legislative solution has not escaped scrutiny from interested market participants, especially regarding the controversial Article 68f. There has been particular attention in the public sphere to the reactions of associations of gaming organisers, which, through various reviews, have questioned the justification, sustainability and legality of the provision stipulating that payments for organising games of chance over the internet can only be made through payment cards or at the premises where games of chance are organised.
In response to the reaction of the association of gaming organisers, a petition was initiated, gathering over 25,000 signatures. An initiative was subsequently submitted to the Montenegrin Parliament to repeal Article 68f. In addition, another initiative was lodged with the Constitutional Court of Montenegro to review the constitutionality of Article 68f.
The competent authorities are currently processing these initiatives. Meanwhile, legal experts and the general public eagerly await more answers to these legally and practically intriguing questions in the coming period.
Source: schoenherr.eu
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Poppleston Allen bolsters Gambling Team with specialist commercial law consultant
Leading licensing law firm Poppleston Allen is delighted to announce that betting and gaming industry stalwart Tom Grant is joining their Gambling Team as a consultant solicitor, bolstering its offering by advising on commercial contracts.
Tom has more than 20 years of experience in the gambling sector and has advised high-profile clients including Buzz Bingo, Cowells-Arrow, FSB and GAN as well as numerous growing businesses within the sector. Tom will work with the Gambling team drafting, negotiating, and advising on a range of commercial agreements that are essential to the growth of our clients’ business, such as sponsorship agreements, game development agreement, sports data rights licences, content licensing, platform agreements, affiliate terms, white-label agreements and customer terms and conditions.
Partner and department head Nick Arron comments: “I’m really looking forward to working with Tom. We’ve had a number of clients in common for years and our legal practices complement each other nicely. Tom’s expertise and understanding of regulatory frameworks and commercial challenges are fairly unique within the gambling sector, and allows us to offer additional services to our clients and reflects the opportunities we see in the gambling industry.”
Tom Grant said: “This is a great opportunity for both of us. The team has an outstanding reputation in the sector, and I look forward to contributing my expertise to help clients navigate the complexities of commercial agreements and achieve success in a competitive and dynamic market.”
Alongside his work with Poppleston Allen, Tom will continue to grow his own practice at Grant Legal.
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Altenar integrates Optimove’s Opti-X platform to deliver enhanced personalised content
Leading sportsbook technology provider adds dynamic layouts, real-time messaging and flexible experimentation tools
Altenar, a leading sports betting and iGaming software provider, has integrated Optimove’s Digital Experience Platform (DXP), Opti-X, to help operators boost engagement, personalisation and lifetime value from a player’s first visit.
Optimove’s DXP offers a Real-Time Messaging feature which allows operators to automatically trigger personalised messages across all marketing channels at the most opportune moments, ensuring timely and relevant communication that keeps players engaged.
Opti-X includes a Smart Search Engine powered by AI, which delivers lightning-fast, personalised search results. The engine tailors results based on a player’s past search history, platform behaviours, and betting preferences.
Altenar can now also offer more advanced end-to-end personalisation across all channels and platforms. Opti-X’s behavioural, historical, and predictive modelling equip operators to create detailed micro-segments, which promise more personalised interactions, fostering loyalty and increasing player value over time.
This strategic integration underscores Altenar’s commitment to continuously improving its offering and delivering innovative, player-centric solutions that have a significant impact for sports betting operators.
Diego Salas, Sales Manager at Altenar, said: “We are committed to enhancing the user experience and leveraging data to provide personalised content that offers clear benefits both to players and operators. Our partnership with Optimove allows our clients to better understand player behaviour and tailor their content to optimise their offerings and marketing messages.”
Adi Dagan, Senior Director of Partnerships at Optimove, said: “Altenar is a clear breakthrough leading sports betting software provider and being part of their solution is a true honour. This partnership is a boon for sports betting operators to ensure incredible personalised experience for each player. These are incredibly exciting times for online sports betting as we get to partner with an innovator like Altenar to take the industry to the next level.”
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Spillemyndigheden Calls Attention to FATF’s Updated Lists of High-risk Jurisdictions
The Danish Gambling Authority has called attention to FATF’s (Financial Action Task Force) updated lists of high-risk jurisdictions: the Grey List (jurisdictions under increased monitoring) and Black List (call for actions). Among other things, gambling operators must include FATF’s lists of high-risk jurisdictions when assessing players’ risk.
Jurisdictions listed on the Grey List are Algeria, Angola, Bulgaria, Burkina Faso, Cameroon, the Ivory Coast, Croatia, DR Congo, Haiti, Kenya, Laos, Lebanon, Mali, Monaco, Mozambique, Namibia, Nepal, Nigeria, South Africa, South Sudan, Syria, Tanzania, Venezuela, Vietnam and Yemen.
Jurisdictions listed on the Black List are Democratic People’s Republic of Korea, Iran and Myanmar
Gambling operators are required to conduct enhanced customer due diligence (EDD) pursuant to section 17(1) of the Danish AML Act, if a player is assessed to impose a higher risk of the gambling operator being misused for money laundering or terrorist financing.
Gambling operators shall conduct this risk assessment based on Annex 3 to the AML Act (high-risk factors) which includes the FATF high-risk country lists (the so called black list and grey list)
It is not required that gambling operators perform EDD if a country is listed on the FATF’s list. EDD are only a requirement for players from jurisdictions listed in the EU Regulation of High Risk Third Country list pursuant to. 17(2) of the AML Act.
The post Spillemyndigheden Calls Attention to FATF’s Updated Lists of High-risk Jurisdictions appeared first on European Gaming Industry News.
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