Jun 11, In a referendum, the Swiss has given the thumbs up to the Gambling Act, which prevents casinos outside Switzerland from operating in the. May 17, Online concession only for Swiss casinos. In the future, Switzerland will grant licenses for online gambling. However, such licenses shall only. A short overview on the most important outcome of the discussions which shall be implemented into the new gambling law. Online concession only for Swiss.
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The law might allow foreign cooperation with the Swiss casinos though. The Swiss players will be grateful for the notable tax breaks they will enjoy under the new legislation, as only winnings exceeding a million francs , USD will be taxed for lottery and sports betting.
This is an exceptional tax break in a European country. And cash winnings from land-based casinos will be completely tax-free.
The Money Gaming Act with its loosened taxation will make it easier for Swiss players to enjoy their winnings from lottery operations, online casinos, and sportsbooks.
Further poker legislation is currently under negotiations. For the moment, poker games are only allowed in land-based casinos, but they are expected to be permitted at online casinos and privately in the future.
The revenues collected from casinos will be used increasingly in charitable initiatives. However, these groups are not directing their opposition at online gambling.
Instead, they are against the monopoly given to Swiss casinos, and the restrictions it places on foreign-based online casinos that wish to offer their services in Switzerland, either online or as a land-based casino.
Even though the new legislation provides looser taxation, and gives Swiss players the full liberty to play in any Swiss-licensed casino, whether online or land-based, it still leaves the Swiss players without the full variety provided by international casinos.
This will come as a blow to foreign casino site operators like Online Casino Games Swiss players enjoy a wide variety of online casino games at online casinos , with their tastes largely mirroring the rest of Europe.
Big Tax Breaks for Swiss Players The law will be very strict with foreign-based casino operators, attempting to offer services to Swiss players- they will be blacklisted immediately.
In certain circumstances, the licence may be revoked, restricted or suspended. A revocation of the licence is possible if any of the following apply the conditions remain the same under the new MGA:.
Please include in this answer any material promotion and advertising restrictions. Small lotteries with a cantonal licence: Small sports bets cantonal licence: Small poker tournaments cantonal licence: Additional restrictions apply regarding the number of tournaments, number of participants, duration of tournaments, etc.
Any advertisement for the commercial offering of games of chance is prohibited if made in an obtrusive way art.
Advertising for money games not licensed in Switzerland is prohibited. The federal government can change the current level of taxation rates up to 80 per cent art.
If the gross revenues exceed this sum, the tax rate rises to the maximum rate of 80 per cent art. Gains resulting from cash games of luck which do not exceed CHF 1 million are tax-free.
Gains from lotteries or skill games for advertising purposes are subject to tax if the gain exceeds the cantonal boundaries. One of the main objections to the deregulation of the casino market is the assumption that deregulation would result in an increase in gambling addiction.
Therefore, applicants must present a problem-gambling policy, including measures to prevent gambling addiction and strict security policies art.
The social concept of casinos and providers of online cash games of luck must include the following measures:. Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?
In addition, the majority of licensed casinos are members of the Self-Regulating Organisation, which sets the AML standards for its members. Financial intermediaries under the AMLA must comply with different duties of due diligence.
For example, casinos must verify the identity of the customer on the basis of an identification document in one of the following situations:.
In addition, casinos must report any suspicion of money laundering immediately and respect the criminal provisions of the AMLA. A violation of provisions of the AMLA may lead to a revocation of the casino licence.
Lottery companies are not yet considered financial intermediaries. There is no clear definition of online gambling. However, the chain of distribution to the customer is significant in determining whether a game is classified as remote gaming or online gaming.
From 1 January , existing casinos with a Swiss licence can apply for an online licence. Offering non-licensed online games within Switzerland is prohibited.
Foreign, non-licensed operators who offer online cash games of luck to Swiss players may be foreclosed from the Swiss market through the introduction of IP blocking measures to be implemented by the Internet access providers art.
However, foreign providers will be able to cooperate with Swiss casinos in order to offer their online services legally in Switzerland.
Access to online games requires a gaming account with the operator. To be able to open an account, a player must be over 18 years old, Swiss-resident, and not be banned from gaming.
The provider of online games must identify the players. Gains from gaming can only be wired to accounts in the name of the player art. Ordonnance to the MGA.
Gaming machines that involve a predominant element of skill can be operated outside casinos, if permitted by cantonal law art.
Cantonal permission can only be granted if the gaming machine has been approved by the SFGB as skill-based. However, if gaming machines involve a predominant element of chance, they must only be operated in licensed casinos.
The rules for the control and construction of the slot machines are set forth in the Casino Ordonnance. The Ordonnance to the MGA contains restrictions as to the stakes for slot machines according to the type of casino licence A or B.
In addition, prison sentences and high fines up to CHF , can be imposed art. Websites of foreign gaming providers can be IP-blocked and the provider will be listed on a public blacklist art.
No, there are no other non-national laws that have an impact upon liability and enforcement. Switzerland is not a member of the European Union, therefore EU law is not applicable.
In general, under Swiss law, gambling and betting debts do not give rise to a claim non-actionable claim; art.
A claim may arise if the claim arose during a licensed lottery game or during a game in a casino licensed by the competent authority art.
The MGA, on the one hand, will open the online market for Swiss casinos. On the other hand, it aims to strengthen player protection through different measures, such as play suspensions and the offering of treatment, advice against gambling addiction and marketing restrictions.
In addition, a number of provisions are in place to ensure secure and transparent gaming operations for example, new measures against the manipulation of sports competition.
Once the new law has entered into force, it remains to be seen how the new law will prove its worth in practice. The authors would like to thank Sophie Schmid for her assistance in preparing this chapter.