Germany: Gambling Law

This country-specific Q&A provides an overview of Gambling laws and regulations applicable in Germany.

  1. What is the legal definition of gambling?

  2. What legislation applies to gambling? Please provide a summary of the legal/regulatory framework.

  3. Which body/ies regulate gambling?

  4. Are licences available? If so: a) What is the duration of a licence? b) What types of licences are available? c) Are there different types of licences for B2C and B2B operators? d) Do software suppliers need to be licensed?

  5. Are any types of gambling products prohibited?

  6. What is the headline application procedure? Please include any eligibility and other application requirements, including approximate application costs and any need to establish a local presence.

  7. Do individuals within the business need to be personally licensed or authorised? If so, please provide headline requirements.

  8. Is advertising of gambling permitted and, if permitted, how is it regulated?

  9. Are marketing affiliates permitted? If so, are they licensed or regulated?

  10. What are the penalties for offering, facilitating or marketing unlawful gambling, and can the gambler be penalised for participating in unlawful gambling?

  11. Briefly detail key requirements for licensees.

  12. Briefly detail key anti-money laundering requirements.

  13. Briefly detail key responsible gambling (or safer gambling) requirements.

  14. Briefly detail shareholder reporting and approval threshold(s).

  15. Briefly detail the regulator’s enforcement powers, including sanctions.

  16. What is the tax rate?

  17. Are there any proposals for changing gambling laws and regulations in the next 12-24 months? If so, please provide an overview of the proposed changes and likely timing.

  18. What key regulatory developments are proposed or on the horizon in the next 12-24 months?

  19. Do you foresee any imminent risks to the growth of the gambling market in your jurisdiction?

  20. If a gambling start-up was looking for a jurisdiction in which to commence its activities, why would it choose yours?