“The new Treaty on Gambling really focuses on player protection”

Endorphina’s Head of legal department, Jakub Kolomicenko speaks with Focus Gaming News about Germany’s gambling regulation.

Exclusive interview.- Jakub Kolomicenko, Head of the legal department at Endorphina granted an exclusive interview to Focus Gaming News where he dropped some professional insights and thoughts about Germany, their new regulations, the treaty, and more.

So, big things are happening in Germany, right?

Yes, Germany was always a rather complicated market. The need for new gambling legislation to fully legalize online gambling was very urgent. Finally, there is hope when the new legislation has been introduced in 2020. And in spring 2021, the number of states to approve the new gambling treaty was met and Germany’s State Treaty on Gambling aka “Der Glücksspielneuregulierungstaatsverag” will become effective from July 1, 2021.

The Treaty on Gambling becomes effective in July. Does that mean that starting from July all operators must have a respective gambling license issued by German regulator?

No, it does not mean that. Germany is not that far in the process and the new regulatory body must first be established. The job to establish this body is underway, and sources suggest it will be fully operational by the end of 2022.

When the regulatory body is not established yet, how will Germany apply or enforce new rules introduced in the Treaty on Gambling?

The transitional regime has been introduced and does stipulate guidelines that certain online gambling offerings, namely those of virtual slot machines and online poker, which are actually not yet permitted under the current Interstate Treaty on Gambling, will be exempt from enforcement if operators meet certain requirements that are recognised as technically feasible.

Basically, it is some sort of “gentleman agreement” between operators and the government saying: “follow the rules and we will leave you alone”. However, such “guidelines” cannot be mistaken with an effective law.

What requirements must be met in order to comply with the guidelines of the transitional regime?

It is a set of various rules. For example, for virtual slot games, the maximum bet must be 1 euro, the spin duration must be at least 5 seconds, no jackpots or auto-spins are allowed, reality checks must be triggered after 60 minutes session of un-interrupted duration and after that, the player must take a 5-minute cool-down break, where they are unable to place a bet, etc.

As you can see, the new Treaty on Gambling really focuses on player protection and preventing gambling addiction.

Basically, it is some sort of “gentleman agreement” between operators and the government saying: “follow the rules and we will leave you alone”

Jakub Kolomicenko, Head of the legal department at Endorphina

Are there any problematic parts of the new regulation? 

There are always some problematic parts and challenges from the regulatory point of view. On one side, the regulator tries to protect players but on the other side, games still must remain attractive compared to other markets.

So, we can see those lacking jackpots, spin duration, and EUR 1 maximal bets could potentially cause some issues with the attractiveness of games and that is even before we will get into taxes.

What is wrong with taxes?

There is a proposal of new taxation of poker and online slots in the amount of 5,3% from all stakes. Considering that the average RTP (return to player) rate from slot games is 96%, such taxation would mean that the operators would be losing money on slots.

Actually, to make the revenue from slots equal as without the proposed tax, the RTP of the slots would have to be reduced.

And here we come back to the attractivity of games for players. Why would you play a game with a lower RTP when, just a click away, you can play the very same game with a higher RTP, only in an unregulated casino?

This is why many experts are afraid that such taxation would drive players to the black market, which is very risky, especially if the jurisdiction is just opening. This taxation is still not yet agreed upon, but unfortunately, there is a high probability that it will actually happen.

Even with bet limits or spin durations, Germany is still a very interesting market so we can only hope that the German parliament will reconsider their tax proposal.

There are always some problematic parts and challenges from the regulatory point of view. On one side, the regulator tries to protect players but on the other side, games still must remain attractive compared to other markets.

Jakub Kolomicenko, Head of the legal department at Endorphina