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Relevant Product Who regulates it in digital form?
Who regulates it in land-based form?
All matters that are subject to the Law of May 7, 1999 Wet van 7 mei 1999 op de kansspelen, de weddenschappen, de kansspelinrichtingen en de bescherming van de spelers, as amended by the two laws of January 10, 2010 are regulated by the Gaming Commission.
This includes all gambling and betting activities.
Matters that fall outside the scope of this law, due to the fact that they are not considered games of chance, are: promotional contests that do not include an element of chance this excludes sweepstakes ; sporting activities; games that offer no financial gain and only allow the player to continue playing for a maximum of five consecutive times; card games or parlour games that do not offer any financial gain and are played outside gaming establishments; and games exploited by amusement parks or fairs and occasional games organised by local associations no more than four times a year on account of a special event or by an unincorporated association with a social or charitable cause, or a non-profit organisation for a social or charitable cause, that require only a very limited bet and can only muster a material advantage of limited value to the gamblers.
The Gaming Commission is a commission composed of a president and two representatives from each of the six competent Ministries Ministry of Justice, Ministry of Finance, Ministry of Economic Affairs, Ministry of Internal Affairs, Ministry for the National Lottery and Ministry of Public Health.
Local authorities in turn regulate building and exploitation permits for casinos and gambling or betting halls.
The Law of May 7, 1999 on games of chance, bets, gaming establishments and the protection of players, as amended by the Law of 10 January, 2010 Wet van 7 mei 1999 tombola casino 2020 de kansspelen, de weddenschappen, de kansspelinrichtingen en de bescherming van de spelers, as amended by the two laws of January 10, 2010explicitly states that all games of chance and bets and the exploitation of gaming tombola casino 2020 are prohibited unless they are licensed by the Kansspelcommissie.
Offering these unlicensed games is prohibited, but it is also prohibited to promote them, and to participate in them, if https://fukiya.info/2020/best-gambling-on-vegas-strip-2020.html are aware of their unlicensed nature.
Games of chance are all activities that combine a tombola casino 2020 or indirect payment by the player tombola casino 2020 the chance to win or lose something insofar that this chance depends, even partially, on coincidence.
The consequence of this is that commercial contests, sweepstakes, lotteries organised by advertisers, private poker games and bingo games are restricted or even forbidden.
Other applicable legislation includes Book VI of the Belgian Commercial Code concerning Consumer Protection and Market Practices Boek VI van het Wetboek Economisch Recht betreffende Consumentenbescherming en Marktpraktijkenwhich contains a series of rules that also apply to gambling providers information to the consumer, fair trade practices, distance sales for online gambling, etc.
The Law of December 31, 1851 Wet van 31 december 1851 op de loterijen gives the Belgian National Lottery a monopoly on all lottery games, scratch card games with money prizes and tombola games, tombola casino 2020 very strict and limited exceptions for tombola games organised for a good cause.
Several articles in the Belgian Penal Code sanction illegal gambling activities articles 301, 302, 303 and 304 of the Belgian Penal Code � Strafwetboek.
Local building and exploitation regulations are relevant as far as permits for physical offline casinos and gambling halls are concerned.
Also relevant is the self-regulating Sector Code on Advertising for Gambling activities, dating back to October 2016, which will be replaced by a new law that will limit advertisement for gambling activities by the beginning of 2019.
Application for a Licence and Licence Restrictions 2.
All gambling and betting, both online and land based, require a licence.
The licence system is based on a closed number of licences per category see question 2.
The law distinguishes nine types of licences.
If activities include the offering of games or bets over the internet, an additional licence A+ is required.
To organise bets, a licence F1 is required.
Bookmakers that take bets on the account of licence F1 holders gaming establishments require a licence F2.
For betting over the internet, an additional licence F+ is required.
For Class G and F licences, an electronic read article is also possible.
Every licence held by a natural person requires that the person is in full possession of their civil and political rights and behaves in a manner which fulfils the requirements of their learn more here />Holders of licences A, B, C, E, F1, F2, G1 and G2 need to obtain a statement from the FOD of Finance, which states that all fixed and undisputed tax liabilities are satisfied.
If the holder of licence A, B, E, F1, F2, G1 or G2 is a natural person, they need to be a subject of an EU Member State.
Legal entities which cannot be a non-profit organisation should be incorporated in compliance with Belgian law or the law of an EU Member State.
A holder of licence A, B, E, F1 or F2 needs to present proof of their credibility and financial capacity and must, at all times, link the Commission meticulous intelligence which offers transparency, the operations and the identity of the shareholders and it must monitor all future alterations in these matters.
All holders of licences A or B have to be registered in the Kruispuntbank van Ondernemingen companies register as a commercial company.
There are only nine A licences available in Belgium article 29which means that there are only nine casinos within the entire country.
They are only allowed on the territory of the municipalities of Blankenberge, Chaudfontaine, Dinant, Knokke-Heist, Middelkerke, Read more, Oostende, Spa and one of the 19 municipalities of the Brussels Capitol Region.
In each of these municipalities, only one casino is allowed and only after the municipality enters into a concession agreement with the applicant.
Both table games and automatic games are allowed; the average hourly loss for each game is set at 70 EUR.
A licence A can only be granted to applicants in possession of a valid concession delivered by the municipality, in which the Class 1 gaming establishment is to be located.
At present, there are 180 licence Bs, of which 179 are actually in use by a licence holder.
A 2015 law change decided to bring this number down to 150 by the end of 2017.
A licence B establishment cannot be established in close proximity to schools, hospitals, places frequently visited by youths, article source of worship or prisons.
The average hourly loss is set at 25 EUR.
To be granted a licence B, the licensee needs to present an agreement, as link by the municipality, in which the Class 2 gaming establishment would be located, which is concluded on the condition of the granting of the licence.
The number of F1 licensees is limited to 34 on Belgian territory.
Mobile betting offices are limited to a total of 60 licence F2 holders.
Fixed offices are limited to 1,000 licence holders.
Following a 2015 law change however, this number will be brought down to 600 by the end of 2017.
Licences can be revoked or suspended if the licence conditions are no longer met.
There is no periodical review, but there is constant monitoring by the Gambling Commission.
Please include in this answer any material promotion and advertising restrictions.
The key limit for licence As is the minimum age of customers for entering a casino, set at 21.
For licence B establishments, the minimum age for entry is 18.
It is forbidden to place a restaurant or bar in the area where gambling activities take place.
For licence Cs, the minimum age for customers is 18 but, contrary to licence As and Bs, the law does not make age verification at the doors obligatory.
For licence F2s, the minimum age for customers is 18 years old.
For licence G2s, customers must click be 18 years old.
The taxation of games of chance is a regional competence, so each of the three regions have separate tax rates.
At present, taxes are collected by the Federal Government but, as of 1 January 2017, the Flemisch Region will take responsibility for tax collection on its territory.
A general tax of 15% 11% in the Walloon area is levied on the gross amounts of wagers.
There are exclusions https://fukiya.info/2020/free-doubledown-casino-promo-codes-september-2020.html this tax, including: national lotteries; pigeon races, if the participant is the one wagering; and games of chance organised by non-profit organisations.
A tax of 15% is levied apologise, illegal online gambling statistics 2020 uk casual all horse and dog races.
This amount is levied on the gross margin.
A 2015 decree of the Flemish Government decreet van 3 juli 2015 houdende bepalingen tot begeleiding van de begroting 2015 extends the 15% flat tax to horse and dog races and tombola casino 2020 events outside the EU, whereas before, these were not subject to taxation.
If the wagers are organised online, 11% is levied on the gross margin, being the result of the total amount wagered minus the amount paid to the people betting.
Taxable persons are those placing bets.
Besides this general taxation system, casinos are also taxed on the gross margin, depending on the type of game played.
A fixed tax is levied on the gaming machines themselves, which is applicable to machines in Class A, B and C establishments.
The game room has to be kept strictly separated from spaces in the gaming establishment that serve a different purpose, and also from spaces outside the gaming establishment that are accessible to the public, so that the gambling games cannot be followed from outside the game room.
A draft of a Code of Ethics has been on the table for over three years now, but has yet to be approved.
In October 2016, the sector agreed upon a self-regulating Sector Code on Advertising for Gambling Activities, including, among others, the obligation to refrain from advertising aimed at minors and to incorporate warning messages in all advertising materials.
Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?
There are no specific rules regulating the use of virtual currencies or cryptocurrencies.
Hoekx, Die Keure, 2006, 249.
Value can be defined as the degree of usability.
Specifically, items that the player finds useful or nice and for which he pays money.
The Gaming Commission and the Highest Belgian administrative court The Raad van State or Council of State consider that neither the purchase of a game nor the subscriptions that are connected to games for playing online can be considered as a wager, but only the amounts that constitute real compensation for participating in the game and where it is possible for the wager either in its original amount or augmented to be returned to the player in the form of profit Judgment no.
A differentiation must be made between a created currency value in the regular course of a game game-play currency and a paid currency in-game currency.
Game-play currency consists of virtual currencies points, coins, crystals, etc.
It is a type of virtual reward system for the player.
Usually he will be able to bet these currencies in the game at some point.
The situation is different when it comes to currencies that can be purchased directly with money in-game currency.
Online activity is restricted, in the sense that a Belgian licence is required, and the required licences can only be acquired if the applicant can link his online activities to a land-based establishment that has the appropriate Belgian licence.
Licences from foreign jurisdictions are not recognised.
Foreign operators need to acquire a Belgian licence.
If they wish to offer online services, they need both the land-based and online licence or they need to seek cooperation with the holder of a Belgian licence land-based and online.
Only licence A holders can acquire a licence A+, which is the licence required to exploit online casino games in Belgium and to Belgian consumers.
This also implies that the duration of the licence A+ is directly linked to the licence A that accompanies it.
Furthermore, if the licence A is revoked, so is the A+.
For licence B holders, an additional licence B+ makes it possible to offer online games.
This licence B+ is, in its duration, also linked to the licence B.
Licence F1 holders can apply for the additional F+ licence, which gives them permission to offer their online services.
This licence is also linked, in its duration, to the licence F1.
Mobile gambling in-phone games requires a G1 licence, while media games require a G2 licence.
Both activities are under the scrutinous watch of the Gaming Commission.
deposit codes stag bonus casino 2020 may no red applicable legislation includes Book VI of the Belgian Commercial Code concerning Consumer Protection and Market Practices Boek VI van het Wetboek Economisch Recht betreffende Consumentenbescherming en Marktpraktijkenwhich contains a series of rules that also apply to gambling providers information to the consumer, fair trade practices, distance sales for online gambling, etc.
Enforcement and Liability 4.
Natural persons, chairmen, managers tombola casino 2020 representatives shall bear civil liability.
The same rule is applicable to shareholders of corporations that are not legal entities if the shareholders, managers or representatives have breached the relevant legislation.
Unregulated supplies are strictly forbidden.
Only supplies that are regulated and approved are legal.
It currently contains around 100 providers.
This blacklist also contains the websites that are blocked in Belgium because they do not have the necessary licence.
The four freedoms of the Treaty on the Functioning of the European Union must be respected at all times.
Gambling debts are by nature unenforceable obligations, but gambling debts toward licensed operators are considered enforceable.
Have fines, licence revocations or other sanctions been enforced in your jurisdiction?
The Belgian Gaming Commission is relatively active in the field of enforcement.
These actions are often aimed at illegal poker tournaments.
The Royal Decree of 25 October 2018 forbids almost all advertising for games of chance as of 1 June 2019 and expands the possibilities for local authorities to control betting and cafe games.
Per cafe, a maximum of four devices is now set that can only function with coins.
All devices are equipped with an E-ID card reader to check the age condition of 18 years.
The municipalities will now decide on the granting of the permit for these aircrafts.
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