While sports betting continues to be licensable, operators can now, for the first time, apply for licences to organise virtual slot-machine games and online poker in addition to organising and brokering sports betting. The Expansion of Licensable Forms of Gambling From 1 January 2023, the joint gambling supervisory authority of the German federal states (GGL) will take over from the Regional Council of Darmstadt and the Administration Office in Saxony-Anhalt. Simultaneously, due to the fact that more and more licences have been issued, the necessity for such tolerance has been reduced. However, this tolerance regime will soon come to an end as both responsible authorities (ie, the Regional Council of Darmstadt for sports betting, and the Administration Office in Saxony-Anhalt for virtual slots and online poker licences) have indicated through official correspondence that avoidance of any form of enforcement can only be obtained through licensing. Prior to the introduction of the treaty, the heads of all German federal states had decided upon a transitional regime in order to assess market behaviour but also to allow operators to enter the white market on a tolerance basis. On 1 July 2021, the new Interstate Treaty on Gambling 2021 (the “Interstate Treaty”) came into force in Germany and introduced the possibility of new licences for the online gambling market.
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