While remote bookmakers and intermediaries will require a valid Irish licence in order to accept or facilitate bets from Irish customers by remote means, there is currently no licensing regime in respect of the provision of online gaming services by remote operators to customers in Ireland. Until such a regime is introduced, there is a good argument that a licensed gaming operator from outside of Ireland may offer online gaming services to customers in Ireland, even if offered from a platform offering licensed remote bookmaking or remote betting intermediary services. In March 2019, a report recommending reforms to Irish gambling law was published by a government established interdepartmental working group and a broader reform of Ireland's gambling laws is anticipated in the next few years. It was proposed that the reform would cover all forms of online gambling, not only betting and lotteries. An interim package of smaller changes is contained in the Gaming and Lotteries (Amendment) Act 2019, which came into operation on 1 December 2020. On 2 December 2022, the Gambling Regulation Bill 2022 was published. This long-awaited legislation provides for the establishment of a new comprehensive licensing regime, which will be overseen by the Gambling Regulatory Authority of Ireland (GRAI), and will completely replace existing legislation. The government are aiming for the Bill to be enacted and operational by the end of 2023. The Bill requires all providers offering gambling services to Irish customers to hold a licence. There will be B2C licences, B2B licences, and a separate type of gambling licence for charitable or philanthropic organisations. In addition, there are a number of measures addressing advertising and sponsorship, with significant restrictions on advertising in a broad range of media (including on video sharing platforms and social media websites). Recipients of gambling advertising in these media must have subscribed to the relevant service and given their "explicit" consent. The Bill also gives GRAI robust powers to ensure the new legislation is adhered to. These include the power to suspend or revoke relevant licences and to compel internet service providers to block access to an online provider. It will also have powers to impose administrative financial sanctions of up to €20m or 10% of turnover (subject to Court approval). |
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