DLA PIPER BRUSSELS GAMING, GAMBLING AND BETTING INDUSTRY

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1 DLA PIPER BRUSSELS GAMING, GAMBLING AND BETTING INDUSTRY

2 DLA Piper Brussels provides a one-stop-shop for legal advice on gaming, gambling and betting issues to clients operating within all levels of this sector, combining first class multi-jurisdictional advice on gaming, gambling and betting laws and regulations with expertise in all other areas affecting operators, including copyright, advertising and branding, technology, data protection, consumer law, litigation, real estate, mergers and acquisitions and competition. Unlike other firms, our firm is uniquely able to provide genuine global and local reach, allowing us to advise on complex issues wherever they arise. DLA Piper Brussels provides specialist strategic advice at the highest level to operators within each level in the gaming, gambling and betting industry, including payment service providers, software technology providers, licensed casinos, arcades and betting shops and foreign companies intending to enter the Belgian market, and maintains good and regular contacts with the competent authorities on both national and international level. OUR SERVICES AND RECENT EXPERTISE Our team is uniquely equipped to provide assistance to any person or firm active in the industry, amongst others in the following key areas: Gambling and betting advisory and contract work We assisted a multinational online sports betting and online casino gaming operator on the possibilities of entering the Belgian gaming market Providing counsel to an online betting operator active in more than 100 countries on the Belgian Gaming Commission s intentions of introducing a maximum daily loss for online bets We drafted and negotiated a cooperation agreement between a Belgian F1 and F2 licensed operator allowing the F2 operator to take on sports and event betting for the account of the F1 license holder Review and drafting of the online player terms and conditions for an online casino and betting platform in Belgium Assistance of a Belgian casino in the review, drafting and negotiating of an agreement with an American online gaming technologies provider allowing the Belgian casino accessing the online gambling market After several legal cases in Belgium and abroad relating to the liability of a casino in connection with the announcement of incorrect jackpot winnings, drafting a four-language terms and conditions template for four Belgian bricks-and-mortar casinos Advising one of UK s biggest online gambling operators, also active in various other countries, on the consequences of its recent blacklisting on the Belgian Gaming Commission s website Providing legal advice to an international online gambling operator on the legality of new forms of gambling such as social gaming Lotteries, prize competitions and product promotions Assisting a global clothing manufacturer in drafting a cross-jurisdictional template for all sorts of online promotional activities Advising a multinational retailer in various offline and online promotional competitions, aimed at both employees of the group, subsidiaries/affiliates of the group and individual customers Coordinating and advising on contests organized by a European undertaking specialized in the organization of cross-border promotional contests involving various European Member States Drafting templates and advices on Belgian gambling legislation for all kinds of promos organized by the Belgian postal services operator Advising a major American film studio in various types of promotional activities and reviewing and drafting promotional competition terms and conditions 02 DLA Piper Brussels Gaming, Gambling and Betting Industry

3 Licensing procedures, market knowledge, and lobbying with governments and regulators Assisting a global gaming software provider in the assessment of whether or not to obtain an E license in Belgium and bringing this operator into contact with the Belgian Gaming Commission The Brussels office assisted a European gaming software provider in the preparation of a complete file for the application of an E license We provided advice and assistance to an Israel based online gambling provider with respect to the screening of the Belgian arcade market on possible cooperation opportunities We have regular and good contacts with both national and foreign regulators which we believe is key in a market strongly regulated by administrative authorities Real Estate We assisted a European operator of sports betting services in assessing whether or not to attack the gambling legislation of one of the European Member States on the basis of Union law principles Assisting one of the biggest technology providers on the chances to successfully challenge a national gambling legislation based on Treaty freedom arguments and State Aid principles Mergers and Acquisitions We concluded a deal which resulted in the acquisition of a Belgian licensed betting operator by an international gambling group We represent a Belgian casino owner and operator in proceedings on the possible redevelopment and expropriation plans of the relevant Community Competition issues EU regulatory framework We assisted another casino in the contractual negotiations of a possible share purchase agreement Advising one of UK s biggest online gambling operators on the application of EU competition law to its arrangements with online gambling networks Providing assistance to an online gambling operator on the application of EU law principles of free movement of persons and services to service providers affected by national gambling restrictions Advising on the compatibility with EU competition law of provisions on the restriction of rake-back and other promotional strategies Performing due diligence of EU competition law matters of one of the largest online gambling networks Gaming, Gambling and Betting Taxation We regularly advise on taxation issues faced by organizers of both promotional contests and games as well as the organizers of online gambling and betting services We advised a Belgian casino on the taxation of online gaming services on community level based on the concession agreement between the casino and the local municipality Assisting a Belgian casino in the drafting and negotiation of a possible asset purchase agreement with an international online and offline betting operator 03

4 Financial regulations We provided an in-depth and comprehensive Belgian gambling and betting advice to a European bank, including advice on financial regulations DLA Piper Brussels has provided assistance to a global e-payment provider including advising on the applicable regulatory framework in Belgium and the review and amendment of contractual documentation to be concluded between the payment provider and online gambling operators Criminal law We advised a European sports betting operator on the criminal liability of the company and its directors as a result of the company s blacklisting on the Gaming Commission s website We provided legal advice to a global gaming software designer on the potential criminal liability for intermediaries providing gaming technology to unlicensed websites Assistance to a blacklisted online gambling provider in relation to the potential measures that can be taken as a result of its criminal liability Advising a European financial institution on the Belgian regulatory framework of gaming, gambling and betting, including criminal law aspects OUR TEAM Our lawyers understand the regulatory framework that underpins this specific industry and the complex relationships that exist between operators, technology providers, regulators and the government. We have a long and successful track record advising representatives within any level of the value chain on the wide range of legal issues that arise in the sector. Our network of international offices are on hand to assist with local advice in this complex field which is subject to varying levels and types of regulation at the national level, with little international harmonization. ADDITIONAL SERVICES As a full service law firm, DLA Piper is able to fully meet all legal needs of clients in the sector. In addition to the legal fields mentioned in this brochure, we can of course also be of assistance on matters related to litigation, employment, intellectual property, criminal law, general commercial law, and a wide range of other legal aspects. Our team is unique in that it provides genuine global and local reach, allowing us to advise on complex issues wherever they arise. 04 DLA Piper Brussels Gaming, Gambling and Betting Industry

5 DLA PIPER AUSTRALIA BRAZIL Brisbane Canberra Melbourne Perth Hong Kong Sydney Shanghai AUSTRIA Vienna BAHRAIN Manama BELGIUM Antwerp Brussels São Paulo Berlin Kuwait City Doha Seoul YOUR CHINA ADVANTAGES Cologne MEXICOWHEN ROMANIA WORKING SPAIN WITH Beijing Frankfurt Mexico City Bucharest Madrid DLA PIPER Hamburg BRUSSELS DLA Piper Relationship Firms GERMANY Munich KUWAIT NETHERLANDS Amsterdam QATAR RUSSIA Moscow SOUTH KOREA THAILAND Bangkok CZECH HUNGARY Cost efficiency: our NORWAY St. Petersburg specialized practice allows TURKEY you REPUBLIC Budapest Oslo SAUDI ARABIA Istanbul Prague ITALY to benefit from an efficient OMAN pool Riyadh of lawyers UKRAINE strongly FRANCE Milan Muscat SINGAPORE acquainted Paris Rome Kyiv with the POLAND industry who Singapore have an UNITED in-depth ARAB GEORGIA JAPAN Warsaw SLOVAK REPUBLIC EMIRATES knowledge Tbilisi Tokyo of all matters relating Bratislava to gaming, Abu Dhabi gambling Dubai and betting law we do not need to reinvent the wheel! Client driven approach: we are confident that each one of our clients acknowledges and values our proactive and fast approach. Certainly in this industry sector, a swift and active follow-up on legal issues, is indispensable. Practical assistance: we know that business values practical and pointed input on the often complex legal questions. Unless required, we do not write handbooks on Belgian law but always provide ready-to-use, business-friendly and comprehensive feedback. Regulatory knowledge: DLA Piper Brussels has regular and good contacts with the Belgian Gaming Commission, which is the most important administrative authority in Belgium on any issues that arise in the industry. As a result, we have the most up-to-date information that can be taken into account when assisting our clients. Cross-departmental approach: many legal issues at stake for gaming, gambling and betting operators involve other branches of law and are not merely limited to sector specific legislation as such. We offer a unique advantage in this respect. We offer assistance in the fields of Litigation, Intellectual Property and Data Protection, Real Estate, Criminal law, Competition law, Mergers and Acquisitions, Tax and Financial regulations, and many others. As a result, in case of legal issues arising in any of those domains, DLA Piper Brussels can handle these issues in house and does not need to outsource to another law firm, which is only beneficial in terms of costs, efficiency and client ease. UNITED KINGDOM Birmingham Edinburgh Leeds Liverpool London Manchester Sheffield UNITED STATES Albany Atlanta Atlantic City Austin Boston Phoenix MULTINATIONAL Chicago Raleigh LEVEL Sarajevo Florham Park San Diego Gabarone With 4,200 lawyers spread over 77 KENYA SOUTH Houston San Francisco offices across CROATIA Nairobi AFRICA Los Angeles Seattle Zagreb Cape Town 31 countries La Jolla worldwide, Silicon Valley DLA Piper MAURITIUS UK LLP is the world s ZAMBIA DENMARK Johannesburg Miami Tampa Port Louis Lusaka biggest law firm. DLA Piper Copenhagen SWEDEN Minneapolis Washington, DC is a truly MONGOLIA pan-european New Jersey Wilmington EGYPT Stockholm Ulaanbaatar office New York with 24 offices across Cairo Continental Europe. TANZANIA Addis Ababa Wellington DLA Piper has a dedicated cross-border gaming, gambling and betting team to assist with all of client s international strategies, whether engaging with governments, negotiating with regulators or commercial partners, or structuring your business for what lies ahead. We can guide any client around the pitfalls of working in new environments and are ideally placed to help you run and support successful international businesses with global brands. The firm s practices are integrated and boast an effective communication and exchange of all information that may be important to each office s clients, including: Baltimore Dallas Northern Virginia Philadelphia Sacramento RELATIONSHIP FIRMS BOSNIA- HERZEGOVINA BOTSWANA ETHIOPIA GHANA Accra IRELAND Dublin NEW ZEALAND Auckland PORTUGAL Lisbon RWANDA Kigali Dar es Salaam Mwanza TURKEY Ankara UGANDA Kampala DLA Piper s lawyers periodically gathering to discuss regulatory changes or new legal challenges in their respective countries Through means of an internal DLA Gambling Group, to which more than 40 European DLA lawyers participate, discussing gaming, gambling and betting news and recent events; the Gambling Group s members also encompass colleagues from the Americas, Asia and the Pacific Further, our lawyers periodically report on recent developments in their jurisdictions on the DLA Piper Gambling Blog All-in publicly accessible via blog.dlapiper.com/gambling Continuous collaboration amongst our dedicated team of international gambling lawyers thus sharpens our collective industry knowledge, creates cross-border cohesiveness and results in efficient delivery of legal services. VENEZUELA Caracas 05

6 PRESENTATION OF THE TEAM Patrick Van Eecke Partner IPT Department T +32 (0) [email protected] Antoon Dierick Associate IPT Department T +32 (0) [email protected] Erwin Simons Partner Corporate Department T +32 (0) [email protected] Kristof Slootmans Lead lawyer Corporate Department T +32 (0) [email protected] Bertold Bär-Bouyssière Partner Litigation and Regulatory T +32 (0) [email protected] Kris Beirnaert Lead Lawyer Litigation and Regulatory T +32 (0) [email protected] Barteld Schutyser Partner Litigation and Regulatory T +32 (0) [email protected] Michael Marelus Associate Litigation and Regulatory T +32 (0) [email protected] Michael Bollen Partner Real Estate T +32 (0) [email protected] Ortwin Carron Partner Tax Department T +32 (0) [email protected] FOR FURTHER INFORMATION In case you have any questions, please contact Patrick Van Eecke [email protected] Antoon Dierick [email protected] DLA Piper s gaming practice, encompassing lawyers from Europe, the Americas, Asia and the Pacific, delivers topical legal and regulatory gambling updates and analysis from across the globe. Please visit our gambling blog on blog.dlapiper.com/gambling If you have finished with this document, please pass it on to other interested parties or recycle it, thank you. DLA Piper is a global law firm operating through various separate and distinct legal entities. Further details of these entities can be found at Copyright 2013 DLA Piper. All rights reserved. APR DLA Piper Brussels Gaming, Gambling and Betting Industry