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Poker Schweiz Legal

26/11/2022 | objavio Radio Gradačac

There are currently 21 casinos in Switzerland. Casino games, slot games of chance and major poker tournaments can only be offered by and in licensed land-based casinos. The Confederation (Bundesrat) determines the number of licences (Art. 5 para. 3 Gaming Act). Certificates issued by an EU or EFTA Member State in accordance with Regulation (EU) 2021/95320 and EU acts adopted on the basis thereof will also be accepted. Based on experience in other markets, a significant share of remote black market activity in Switzerland can be expected due to the regulatory model chosen (i.e. a defined protectionist regime), the long cooling-off period for international B2Cs and the high commercial value of the Swiss market. In principle, regulators and other authorities have enforcement tools under applicable law to take action against unlicensed foreign operators. However, they face legal, practical and technical difficulties in the use of these instruments.

The situation has changed considerably with the gambling law. Public lotteries can offer a wide range of online lottery and sports betting products. Similarly, casinos can offer a full range of casino games as well as online poker. Persons residing or ordinarily resident in Switzerland may register for these licensed offerings and play remotely. However, foreign providers will be able to work with Swiss casinos to legally offer their online services in Switzerland. Among other things, cooperation is only approved if the cooperation partner has a “good reputation”. Public casinos and lotteries may seek commercial partnerships or collaborations with international B2C and B2B, provided that certain legal requirements are met, such as the reputation clause, which goes beyond a classic suitability check and also refers to previous market activities with Swiss players. However, international business partners are not obliged to set up in Switzerland. This requirement only applies to operators of games of skill who can apply for an independent online license. “Free prize draws” do not fall within the scope of the Gambling Act.

In accordance with Article 1(2)(e) of the Law on games of chance, that law does not apply to lotteries and games of skill organised by media undertakings for a short period of time for the purpose of sales promotion. However, the exemption only applies if these games do not present a risk of excessive gambling and if the free play option is available under the same favourable conditions of access and participation as through a paid option or the conclusion of a legal transaction. In January 2019, a comprehensive legislative reform entered into force. The revised gambling legislation does not define “gambling” or “gambling”. Instead, it uses “gambling” as its main term, which also refers to the legal scope: The Gambling Act (or literally the “Gambling Act”) deals with a variety of games where a prize or something of monetary value is expected in exchange for a stake (money or monetary value) or the conclusion of a legal act (Section 3(a) of the Gambling Act). money). Since a legal reform has just taken place and the new MGA and the MGO on 1. January 2019, no further reforms are pending at the moment.

Cantonal laws may allow small poker tournaments on their territory. Compared to major poker tournaments in casinos, these tournaments are subject to various regulatory restrictions. Casino games are regulated and licensed at the federal level. Lotteries, sports betting, games of skill and poker tournaments are governed by cantonal law, with the Federal Gaming Acts serving as the applicable framework legislation. For example, federal law deals with poker tournaments in the relevant law and ordinance, but the cantons have the power to regulate (or prohibit) poker tournaments in more detail. Current Swiss laws do not state that playing at online poker sites is legal. The exceptions are games of skill, which do not currently include poker, but work is underway to change that. Officially, real money gambling is not allowed in online poker, but nothing is being done to prevent international poker sites from offering real money poker to players within Swiss borders in 2022. For many years, Swiss poker players have been playing online poker sites without restrictions. In principle, regulators and law enforcement have the legal basis to initiate criminal proceedings against unlicensed gaming offers and associated advertising.

These criminal law remedies are readily available and used against illegal national offers. They can also be used against domestic advertising for foreign offers. On the other hand, while these instruments are in principle also available for unlicensed foreign offers, the authorities have so far been reluctant to use these means against foreign operators. This may be due to a variety of reasons, including the overwhelming licensing workload, uncertainty about the applicability of criminal law to foreign operators, and practical issues of applicability. In the second half of the year, SFGB and Gespa published three blacklists of blocked websites of foreign gaming operators. In addition, the SFGB has initiated 108 criminal proceedings for illegal gambling. The license for large or small games is not subject to a fixed term, but can be limited in time and extended. In addition, licences may be subject to conditions and obligations (Art. 29 MGG). If the legal conditions for the authorisation are no longer met, Gespa (or, in the case of small games, the cantonal authority) may withdraw the authorisation. The licence may also be suspended, restricted or subject to additional conditions and obligations (Art.

31 MGG). The Gambling Act distinguishes between “big” and “small” games; Terms that refer to the area offered by the games. The most important games are lotteries, sports betting and games of skill carried out automatically, intercantonally or online (Art. 3 lit. a Law on Games of Chance). Secondary games, on the other hand, are lotteries, sports betting and poker tournaments which are not automated, intercantonal or online (small lotteries, local sports betting, small poker tournaments) (Article 3 (f) of the Gaming Act). The Gambling Act also defines the following well-known gambling terms: The two regulators, the Federal Gaming Board (ESBK) in the casino gaming business and ComLot in the lottery and sports betting space, have the power to issue warnings to foreign operators and blacklist unlicensed gambling. Swiss ISPs are legally obliged to apply domain blocks to these domains. The deterrent effect of domain blocking is likely to be limited for a variety of reasons. Technically, domain locking can be bypassed quite easily, for example by using VPN clients. Legally, players do not risk criminal prosecution. After all, according to Swiss gambling law, there is no payment block.

Small poker tournament (cantonal license): maximum entry fee of CHF 200 and CHF 20`000.- total registration fee. There are additional restrictions on the number of tournaments, the number of participants, the duration of tournaments, etc. (Art. 39 MGO). The new gambling law was adopted by the Swiss people on 10 June 2018 with 73% in favour!!!!! This means that from 1.1.2019, with the appropriate cantonal authorisations, poker tournaments can once again be legally organised outside the casinos. Before the adoption of the Gambling Act, Switzerland was one of many unregulated online gaming markets for international operators. National lotteries offered a limited range of products also online without an express legal basis. In contrast, national casinos had no legal possibility to offer online gambling. Yes. There are blacklists for illegal poker sites or sites that are not subject to legal scrutiny or have attracted attention through fraud. Online poker counts as a game in Switzerland and is therefore only legal with licensed providers.

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