Articles of the laws in FR, SP, DK and SH

that outline the need and the means

to control the opening of gambling markets.

Working document - V1.0 – 2013. France LOI n° 2010-476 du 12 mai 2010 relative à l'ouverture à la concurrence et à la régulation du secteur des jeux d'argent et de hasard en ligne (1)

Spain http://www.boe.es/boe/dias/2011/05/28/pdfs/BOE-A-2011-9280.pdf

Denmark http://www.ft.dk/samling/20091/lovforslag/l202/html_som_vedtaget.htm

Schleswig-Holstein http://www.gesetze-rechtsprechung.sh.juris.de/jportal/portal/t/vej/page/bsshoprod.psml?pid=Dokumentanzeige&showdoccase=1&js_peid=Trefferliste&documentnumber=5&numberofresults=5&fromdoctodoc=yes&doc.id=jlr-GlSpielGSHrahmen%3Ajuris-lr00&doc.part=X&doc.price=0.0&doc.hl=1#jlr-GlSpielGSHpP30

[Greece ; FYI only since this reference is no longer applicable] http://ec.europa.eu/enterprise/tris/pisa/app/search/index.cfm?fuseaction=pisa_notif_overview&iYear=2011&inum=166&lang=EN&sNLang=EN

France

LOI n° 2010-476 du 12 mai 2010 relative à l'ouverture à la concurrence et à la régulation du

secteur des jeux d'argent et de hasard en ligne (1)

Law n ° 2010-476 of 12 May 2010 on the introduction of competition and sector regulation of gambling and online gambling (1)

CHAPTER VIII: THE TRANSPARENCY OF GAME OPERATIONS

Article 31

The operator of online games or sports betting who holds a license agreement under section 21 is

required to securely process the storage, in real time, on a physical medium located in France, of all

the data mentioned under section 3 of Article 38. All data exchanged between the player and the

operator pass through this medium.

CHAPITRE VIII : LA TRANSPARENCE DES OPERATIONS DE JEU

Article 31.

L'opérateur de jeux ou de paris en ligne titulaire de l'agrément prévu à l'article 21 est tenu de

procéder à l'archivage en temps réel, sur un support matériel situé en France métropolitaine, de

l'intégralité des données mentionnées au 3° de l'article 38. L'ensemble des données échangées entre

le joueur et l'opérateur transitent par ce support.

Spain http://www.boe.es/boe/dias/2011/05/28/pdfs/BOE-A-2011-9280.pdf Capítulo III. Homologación de los sistemas técnicos de juego. (…)

Article 17. Technical system requirements.

1. The technical system for the organisation, operation and performance of games by electronic, computer, telephonic and interactive means, notwithstanding the provisions of Article 24 of this law on monitoring and control, shall be formed by the Central Gaming Unit and the set of technical or telephonic systems and instruments to facilitate the organisation, marketing and operation of games by such means. 2. The technical system which satisfies the conditions established by the National Gaming Commission shall avail of sufficient authentication mechanisms to guarantee, among other aspects: a) Confidentiality and integrity of communications b) The identity of participants, in the case of telephonic and interactive gaming c) The authenticity and computation of bets d) Operational control e) Compliance with the subjective prohibitions regulated in Article 6 of this law f) Access to computer system components solely by authorised personnel or personnel of the National Gaming Commission, under the conditions established by the latter. Article 18. Central Gaming Unit. 1. Operators authorised to organise, operate and carry out the ongoing games subject to this law must avail of a Central Gaming Unit which meets the relevant specifications established by the National Gaming Commission, and whereby the operator is able to: a) Record all actions or operations carried out by the equipment and users connected to it b) Guarantee the correct operation of all gaming activities c) Monitor, at all times and where necessary, all operations carried out, participations in such operations and their results, where the nature of the game permits it, as well as to loyally reconstruct all actions or operations carried out through it 2. Operators must ensure the existence of the necessary backup data copies and must apply the technical measures and contingency plans to facilitate data recovery in any type of adverse event. 3. Operators must equip their Central Gaming Unit with a backup that allows for the normal, guaranteed performance of gaming activity in the event that the Main Unit goes out of service. 4. Both the Central Gaming Unit and its backup shall incorporate secure electronic connections that are compatible with the systems of the National Gaming Commission, and which allow the latter to perform real-time monitoring and control, as necessary, of the gaming activity carried out, prizes awarded and, where applicable, any prize returns due to the cancellation of games, without prejudice to the performance of on-site inspections. The Central Unit must be available for monitoring from within Spain by the National Gaming Commission, irrespective of its location. The National Gaming Commission may request that the backup units of operator systems be located within Spain in order to monitor and control information.

Denmark The law does make a reference to “control measures”: 41. The Minister of Taxation lays down detailed rules regarding the games and their

completion, including rules regarding stakes and winnings in the games, payback percentages, control measures necessary for implementation of the Act, approval and

location of technical equipment used to provide games and detailed rules regarding transmission of payments in connection with stakes and winnings to and from an illegal provider of games." In the explanatory notes to section 41 it is stated that: "It is proposed that the Minister of Taxation may lay down rules regarding control measures necessary for the implementation of the Act and approval and location of technical equipment used for the provision of games. This way rules may e.g. be laid down to the effect that the Danish Gaming Board or an approved testing institution must approve the technical equipment used for the provision of games. Furthermore, rules may be laid down regarding the supply of control information from gaming systems to the Danish Gaming Board with the purpose of ensuring that the games are provided correctly, that the players receive the correct winnings and that the holder of the licence settles the duties correctly with the State.”

Re: http://www.ft.dk/samling/20091/lovforslag/l202/html_som_vedtaget.htm The secondary legislation only does in the following terms: Chapter 9 - Gaming systems

§ 27. The licence-holder shall comply with the technical requirements for control systems that

follow from Annex 1. 1 § 28. Gaming systems, which means IT equipment used for the provision of betting and online casinos, and the control data memory (SAFE), which the licence-holder must establish for the storage of the data that the gaming authority requires for control, cf. Annex 1, shall be located in this country. 2. The gaming authority may give approval for the gaming system and control data storage to

be located in another country where the licence-holder has a licence for the provision of gaming, if a public authority in that country oversees the licence-holder’s provision of gaming and this supervisory authority has entered into an agreement with the gaming authority on oversight of the licence-holder’s provision of gaming in this country.

1 Voir le doc envoyé le 15/01

Schleswig-Holstein No straightforward references are made to internal control systems in the Gambling Act. http://www.gesetze-rechtsprechung.sh.juris.de/jportal/portal/t/vej/page/bsshoprod.psml?pid=Dokumentanzeige&showdoccase=1&js_peid=Trefferliste&documentnumber=5&numberofresults=5&fromdoctodoc=yes&doc.id=jlr-GlSpielGSHrahmen%3Ajuris-lr00&doc.part=X&doc.price=0.0&doc.hl=1#jlr-GlSpielGSHpP30 The following article drives future secondary legislation about such systems: Section IV Gaming supervision, Permit control and Federal State supervision (…) §33 Enforcement The supervisory authority may enforce any orders that it has made under its statutory powers by way of coercive measures according to the provisions of administrative law, in particular pursuant to §§ 228 et seq., and 242 of the Federal State Administrative Act. The “Technical Directive” details the requirements.

Greece Re: http://ec.europa.eu/enterprise/tris/pisa/app/search/index.cfm?fuseaction=pisa_notif_overview&iYear=2011&inum=166&lang=EN&sNLang=EN

Part II - Supervisory Authority (…) Article 6 - Supervision and Control IT System (SCITS)

1. The Gaming Operations and Control Rulebook referred to in the previous Article shall lay

down the technical requirements and safeguards for operation of the Supervision and Control IT System (SCITS) in order to ensure: a. monitoring of all forms of games and all certified gaming machines and websites, using software; b. online real time monitoring and control of gaming machines used to play games of chance installed at certified premises, and the monitoring and control of games of chance played on licensed websites. c. the immediate identification of technical or functional problems with gaming machines and central IT systems. d. the collection of all necessary data from gaming machines and the CITs, the storage, analysis, processing, and presentation of such data for all forms of games of chance, and for all gaming machines used to play games of chance and for websites. e. ensuring the problem-free, reliable running of all forms of games.

2. Games of chance played using gaming machines shall only be played on terminals connected via network to the CITs which are connected to the SCITS. Part V - Online gaming (…) Article 28

Obligations of licence-holders

(…)

6. Websites used to host online games shall necessarily have a domain name ending in .gr.

7. The licence-holder shall be obliged to save data in real time on hardware located in

Greece, such data relating to the running of online games as well as data exchanged

between the player, licence-holder, internet service provider, and financial institutions relating

to online gaming. Data shall be held on a secure medium which permits the data saved to be

accurately reproduced by the GSCC; the retention period being at least 10 years. The

Gaming Operations and Control Rulebook may specify a longer time period.