Legal and Regulatory News

Updates on the latest legal and regulatory developments

Gambling

Gambling Commission agrees voluntary settlement with TGP Europe and Fesuge for unclear and ambiguous terms in Cheltenham Festival bonus offer

TGP Europe and Fesuge, the operators of 12Bet, 138.com, Fun88 and TLC Bet, have entered into a voluntary settlement with the Gambling Commission for a number of failures arising from a Cheltenham Festival bonus offer.  Over 5000 accounts were suspended by the operators following concerns relating to suspected bonus abuse.  The Gambling Commission published a public statement on 11 January 2017, which encourages other operators to ensure the terms and conditions of bonus promotions are fair and easily understood by consumers, and to act quickly when evidence of consumer detriment is identified, especially in response to complaints.

16 January 2017

Data Protection

The new ePrivacy Regulation: how will it impact your business?

 

With the GDPR on the horizon, the EU is now overhauling and expanding the reach of the more specific privacy rules which relate to direct marketing, cookies and other forms of online monitoring. The ability of social media and messaging services to track users is one of many areas touched on in the European Commission's newly proposed ePrivacy Regulation, which was officially unveiled last week. We highlight some key impacts for the tech and media sectors, provided the proposed draft passes through the legislative process without dramatic changes. Businesses should incorporate these new requirements into their GDPR readiness planning.

 

16 January 2017

Gambling

Levy reform, the Government enters the final furlong

On Saturday, the UK Government announced its proposals regarding reform of the horserace betting levy, providing broadly for a flat 10% levy on all operators on their gross win  above £500,000.  The Government is planning that the new regime will come into effect with considerable urgency, by April 2017 - that is when without these changes the next levy scheme would have commenced.

16 January 2017

International Arbitration

Emergency, Emergency! Risk that court sanctioned injunctive relief may not be available where emergency arbitrators are available

Whilst the concept of the emergency arbitration has been around since the late 1990s, the use of emergency arbitration has come to the fore over the last six years as arbitral institutions around the world have adopted emergency procedures in their rules.  Although the advent of emergency procedures was welcomed when they were first introduced, it appears from statistics provided by arbitration institutions that there has not been a large take-up in using emergency arbitration and that parties still prefer the bite of a court order when seeking emergency relief.

09 January 2017

Litigation

Litigation funding update

In this update, we consider the following developments: third party funders liable for indemnity costs; "Arkin cap" can take account of security for costs; costs of obtaining third party funding can be recoverable in arbitration; claimant ordered to disclose identity of third party funder so security could be sought against it; Olswang webinar: Third party funding: the future of litigation and international arbitration?

22 December 2016

Gambling advertising

ASA ruling on Coral Interactive (Gibraltar) Ltd t/a Coral

The Advertising Standards Authority ("ASA") has published a ruling against Coral Interactive (Gibraltar) Ltd in respect of a Euro 2016 promotion which stated "FREE £5 BET. BET £10 ON A TOURNAMENT WINNER GET £5 EVERY TIME THEY WIN*" and had text which stated "AVAILABLE TO NEW & EXISTING CONNECT CUSTOMERS IN ANY CORAL SHOP." Small print linked by an asterisk beneath the advert stated "Available to multichannel Connect customers in any Coral shop." 

09 December 2016

Gambling advertising

ASA Ruling: Petfre (Gibraltar) Ltd t/a Betfred

The Advertising Standards Authority ("ASA") has published a ruling against Betfred, in respect of a "welcome" email promotion, on the grounds that the promotion was misleading.

09 December 2016

Details of remote gaming duty charge on "freeplays"

As expected, HMRC has published its response to the consultation on the remote gaming duty (“RGD”) treatment of “freeplays”.  You can find it here.  It has also published draft legislation (as part of the draft Finance Bill 2017) imposing the new RGD charge on freeplays, which has been amended as a result of the consultation (the original consultation had included draft legislation).  You can find the draft Finance Bill here (see section 48, which amends the relevant provisions of Finance Act 2014).

06 December 2016

Real Estate Finance

Important 2016 Update to industry standard Certificate of title

The well-known Certificate of title, produced by the City of London Law Society's Land Law committee (Committee), has recently been updated. While the 2016 Update is not a substantive overhaul, there have been some important changes especially in the reliance provisions.

24 November 2016

Gambling industry hit by tsunami!

 

Gambling companies in the UK are being hit by a tsunami of regulatory intervention and it doesn't look like the industry will be out of the waves anytime soon. 

 

24 November 2016

Data Protection

ICO cracking down on spam marketing in the online gambling sector

The Information Commissioner's Office (ICO), the UK's data protection regulator, is cracking down on the online gambling sector's use of personal data to promote online gambling.  It has contacted around 400 companies to threaten them with fines of up to £500,000 if they are found to be collecting and using personal data for marketing in a manner which does not comply with the Data Protection Act 1998 (DPA) and the Privacy and Electronic Communications Regulations 2003 (PECR).

21 November 2016

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