Can I play today online roulette and use this money? When is advertising for gambling on the Internet no longer legal? Are the laws on the regulation of gambling in Germany and in the EU? How it looks with affiliate programs affiliate online marketing?
Gambling - a German scenario
The
lucky game state contract in 2008 should create binding and reliable
regulations actually in Germany and ultimately throughout the EU. However, the fact is that he has created many legal grey area. Also the legislative authorities have recognized this. A reorganisation of the Treaty is imminent. It
is to be hoped that this transparency and consistency are created,
because currently it is agree not even in Germany, which is legal in the
online gaming sector, and what is not. The lucky
game state contract has produced more cabbage and beets than ever grew
on the supposedly so unregulated online game market.
Consequently
proceed people and companies who offer gambling online, often as
follows: A gambling online set up, until it is prohibited. On what legal basis the prohibition is - adopted who knows already. A German license is essential for some dishes, others settle for a license from another EU Member State.
Affiliate
marketing with its affiliate programs is legally clear for the time
being only one: an affiliate runs advertising for a trader or merchant. The
games of chance offered by this is not legal, commits the affiliate an
unethical breach of competition and can be prosecuted under the Penal
Code. Not only fines threaten also PCs, media and other items which are necessary to the Commission of the offence can be recovered. This is of course very uncomfortable. As a remedy, an injunction remains.
Although
gambling is currently in Germany is a grey area, numerous affiliate
programs with advertising for international gaming win. These are often lucrative rewards in the pay per sale mode. So, as if there were no conflicting court decisions, no pending new arrangements. Just
the pay per sale compensation, if she in the long term, is applied on
purchases within a period of 30 to 90 days, or even "lifetime", should
be to think mature people. What happens if the merchandise is suddenly no longer legal and must be taken from the market? The affiliate has fulfilled its part of the contract. The dealer may but not further sell or provision. What will later be assessed by the courts? The final agreement between affiliate and merchant, or the amendment? Next is to clarify whether and to what extent advertiser and game provider as illegal drivers can be viewed and regards.
Impact of the online game system today
Apart
from huge tax losses for the State, which on the other hand no slouch
himself left and banned across decades prostitution and besteuerte at
the same time, a giant banner ad loses by the current, very restrictive
regulations. If you make money with search
engines or advertised Web pages, so to Hans Meier, a new strategy
thought all companies and people from Google better. The same applies for those who earn a portion of their sales with the recommendation of online advertising for gambling. Each
advertising agency, contemporary worked, had (and has) advertising of
gambling in the programme, with all the special tools that requires
this. Still, many agencies operate a bird Strauss policy. You carry on as usual and wait for the hopefully unique system - for the benefit of the network advertising.
For
consumers a luck game market, which may be operated only stationary,
and also the only under strict regulations, are not more contemporary. Internet presence and availability over the network are two of the key to success today finally. Thus the consumption has fallen, if you will, of German gambling, significantly - with all the social consequences. At the same time, the foreign market is booming because foreign licensee there siphon off where the German operator not must. You
know the phenomenon long from the field of drugs: bans and rigid
regulations work always the grey and black market in the hands. Legalize enables rules, banning outside control.
Conclusion:
Not the purpose of the regulations can be to prohibit a business in
their own country to drive consumers into the hands of foreign
suppliers, their way of doing business is unknown and often
unermittelbar. In this regard, and also in terms of access to gambling, the German Government must understand, how Internet use affects. Runs
the argument of compulsive gambling in the field, it is probably clear
that German and non-German gambling have the same addiction potential.
Once
again, the fans of United Europe face the tricky task of creating a
Community instrument which can be used by all members of the State
network. Satisfaction with such regulations,
which must be a lazy compromise per se always turns out differently
because of the different cultures and mentalities.
Forecast
The
call for a re-regulation of the online game market is silent since the
restrictive regime by the Glüstv of the year 2008 in the company, nor in
politics. Hardly anyone not as rigid and unreal looking at the status quo. Especially in the area of the affiliate programs, there is a huge need for clarification. Finally, it can not be that same fact is contrary judged by different courts. By the way: Online gambling, Lotto, is included in Germany a multi-billion dollar business. If you would like to prohibit General retailer and private online offerings with EU license, sawing on a gigantic industry.
With regard to the new rules of the game, three scenarios of different severity are conceivable.
Everything
in the old, remains so the regulated online gaming market loses the
amount of 1.5 billion euros since entry into force of the regulations,
since 2009, approximately up to the year 2015. Foreign
online offerings, which make up the lion's share of the unregulated
market, expanding its stake from 22 percent to 30 percent. Consistency and clarity in the jurisdiction are missing still.
The
decision in favor of a controlled admission of private providers,
especially in the area of Lotto and sports betting, you struggle by
establishing the old State with regard to the advertising of gambling,
market volume would be quite legal to just under EUR 2 billion higher
than in the year 2009. Increased online revenue in turn generate a surplus in versteuerbarem income. At the same time the black and Graummarkt loses importance. Its share shrinks to about 10 percent of the total volume.
The
more unlikely case of an extensive opening up of the market would
include a more free licensing of sports betting and online casino games
from private providers. This scenario leaves little room for black party. Their share would be reduced to about 1 per cent of the total volume.
In
terms of the affiliate programs, only the two last scenarios would be
acceptable, provided always, a system that allows the tracking and the
more provisioning comes to restore the State before 2008. In
model 3, the legislator on the basis of the broad legalization would
have little choice, to admit as the affiliate marketing. However, clear rules for these special operations would be desirable. It maintains the current rigid market regulation, so we need to prepare ourselves for the extinction of the Partnerproramme. This
may be vorgestrig in times of the ubiquity of the Internet and the many
new and lucrative divisions that have arisen as a result. Nevertheless, this is the current status. A compensation scheme would be to imagine as a solution to already created problems and pending procedures.
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