This article had been published in Italian on LexGiochi on December 3rd, 2013. See the full article in Italian here:
https://www.egla.eu/w/portfolio-view/storia-ed-attualita-del-gioco-a-distanza-italiano/#sthash.TUprS4vU.dpbs
1. The range of legal remote games
The first foretaste of Italian remote gambling dates back to the early 2000s, following the legalisation of horse betting and sportsbook, even then allowed for telephone and computer collection, which led to the first experiments in gambling collection through Internet websites [1].
From 2004, the Italian Parliament progressively legalised a large number of remote games with cash winnings. In 2004 remote instant and traditional lotteries [2] were legalised. In 2005 Lotto and Superenalotto [3], as well as remote bingo [4], were legalised. In 2006 skill games and tournament poker [5] were introduced. Also dating back to 2006 are the laws that provide for the introduction of exchange betting and of virtual betting [6]. In 2009 law finally stated the introduction of poker cash and casino games [7].
Between the aforementioned dates of promulgation of laws and implementing provisions and the dates of launch of actual offer of games to the public there is a gap of some years, in some cases seven or more. In the case of virtual betting and exchange betting, implementing provisions have only recently been published, while the launch of the games is expected in late 2013 or early 2014.
2. The rules of remote gambling
With regard to rules for remote gambling, the elementary provisions dating back to the introduction of betting were replaced with the first systematic regulation in 2006 at first, and then revised in 2009 [8].
The current Italian model of remote gambling allows for participation subject to the signing of a contract with the concessionaire and the opening of a gambling account, with disclosure of personal data and tax code (so called “codice fiscale”), validated in advance by ADM (Agency of Customs and Monopolies), and conveyance of a copy of the ID document by the player. Additionally, before playing, the user is obliged to set his/her parameters of gambling self-limitation.
The customer registration, each deposit and withdrawal transaction, as well as each bet and win are subject to real-time transmission and validation by the ADM. The ADM always holds highly detailed, real time knowledge of the amount of money paid in and available on each player’s gambling account, as well as each amount bet and won. Minors are protected by the Italian remote gambling system and cannot play unless with adult connivance, subject to criminal indictment.
To this it must be added that the concessionaire’s IT system is obliged to undergo periodic certification by ADM’s accredited third party bodies. Certification of gambling platform and games consists of verification, carried out by an accredited laboratory, of the compliance of the system with the “guidelines” adopted by the regulatory Authority. Laboratory is accredited on the basis of its competency, irrespective of its nationality. Tests are carried out before granting authorisation and start-up of the system and must be repeated periodically, as a condition for the continuity of the authorisation. The practice regarding platform certification was started by jurisdictions that firstly introduced online gambling legislation and gambling licenses, of which Alderney and the Canadian province of British Columbia stand out in particular. Certification was then introduced by Italy and subsequently by every State that progressively introduced national gambling legislation, adopting similar but not identical guidelines. Their alignment should be surely pursued.
Italian model, comparing with other ones, ensures excellent security conditions mostly because it adds to the periodical certification the further and complementary control founded on the real-time connection between the concessionaire system and the Sogei (the ADM’s technological partner) system, to which validation each single transaction is subdued.
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[1] The first elementary regulation for remote horse betting had been introduced by Inter-ministerial Decree of 15 June 2000, in compliance with Presidential Decree 8 April 1998, No. 169, concerning the reorganisation of regulation regarding games and bets on horse races. Originally that provision was provided to meet the needs of betting shops to remotely serve their usual customers, collecting bets by telephone. Remote collection of sports bets had been introduced by Directorial Decree of the AAMS 31 May 2002, in compliance with Decree of the Ministry of Finance 2 June 1998, No. 174, concerning the organisation and exercise of prize-pool and fixed odds betting on sports competitions, and by Decree of the Ministry of Finance 15 February 2001, No. 156, which extended remote collection to all games. Betting on sports events other than horse races and on non-sports events is currently regulated by Decree of the Ministry of Finance 2 August 1999, No. 278, modified by Decree of the Ministry of Economy and Finance 6 August 2007, No. 129, with regard to prize-pool type, and by Decree of the Ministry of Finance 1 March 2006, No. 111, with regard to fixed odds type. The offer of customised and complementary programs of events by concessionaires of fixed odds betting is regulated by Directorial Decree of the ADM 30 July 2013, following article 12, paragraph 1, letter m), of Decree law 28 April 2009, No. 39, converted with modifications and integrations by Law 24 June 2009, No. 77.
[2] Regulation of instant and traditional lotteries with remote participation had been introduced by Directorial Decree of the AAMS 13 April 2006 and by Directorial Decree of the AAMS 28 October 2006, in compliance with article 1, paragraph 292, of Law 30 December 2004, No. 311, and article 11-quinquiesdecies, paragraph 1, of Decree law 30 September 2005, No. 203, converted with modifications and integrations by Law 2 December 2005, No. 248.
[3] Regulation of remote collection of Superenalotto had been introduced by Directorial Decree of the AAMS 11 June 2009, then replaced by Decree 4 May 2011 in order to adjust regulation to modifications meanwhile introduced regarding remote gambling rules. Recent regulation of remote collection of Lotto had been introduced by Directorial Decree of the ADM 23 January 2013. Both regulations implement provisions laid down many years before in article 11-quinquiesdecies, paragraph 1, of Decree law 30 September 2005, No. 203, converted with modifications and integrations by Law 2 December 2005, No. 248.
[4] Directorial Decree of the AAMS 28 February 2007 regulated “modalities for centralised withdrawal, management of game and remote collection by current concessionaires of hall bingo”, in compliance with article 11-quinquiesdecies, paragraph 1, of Decree law 30 September 2005, No. 203, converted with modifications and integrations by Law 2 December 2005, No. 248. That decree had been later replaced by Directorial Decree 24 May 2011 in order to adjust its content to modifications meanwhile introduced regarding remote gambling rules. The forthcoming publication is expected of Directorial Decree of the ADM for regulation of remote bingo, in compliance with article 24, paragraph 33, of Decree law 6 July 2011, No. 98, converted with modifications by Law 15 July 2011, No. 111.
[5] Regulation of skill games, to which tournament card games also belong, including tournament poker, had been introduced by Decree of the Ministry of Economy and Finance 17 September 2007, No. 186, in compliance with article 38, paragraph 1, letter a), of Decree law 4 July 2006, No. 223, converted with modifications and integrations by Law 4 August 2006, No. 248, later integrated by article 1, paragraph 93, of Law 27 December 2006, No. 296. That decree became effective and the offer of the game could start only after the publication of Directorial Decree of the AAMS 17 April 2008, which allowed the trial exercise of the game only by participants holding a gambling contract with operators owning a concession assigned by the AAMS. That still is the only permissible modality (so called “national liquidity”). The regulation was later updated by Directorial Decree of the AAMS 10 January 2011, also in order to adapt it to modifications meanwhile introduced regarding remote gambling rules. The latter decree had also integrated the regulation of fixed odds games of chance and non-tournament card games.
[6] Regulation of exchange betting have been recently introduced by Decree of the Ministry of Economy and Finance 18 March 2013, in compliance with provisions laid down almost seven years before on article 38, paragraph 1, letter a), of decree Law 4 July 2006, converted with modifications and integrations by Law 4 august 2006, No. 248. Regulation of virtual betting had been recently introduced by Directorial Decree of the AAMS 12 February 2013, in compliance with provisions laid down more that seven years before on article 88 of Law 27 December 2006, No. 296.
[7] Regulation of fixed odds games of chance and non-tournament card games, namely cash poker and casino games, had been introduced by Directorial Decree of the AAMS 10 January 2011, in compliance with article 12, paragraph 1, letter f), of decree Law 28 April 2009, No. 39, converted with modifications and integrations by Law 24 June 2009, No. 77.
[8] The first systematic regulation of remote gambling had been laid down by Directorial Decree of the AAMS 21 March 2006, that superseded AAMS’s circular letters 14 July 2004 and 11 April 2005, which previously provided interpretation and instructions to the operators, with reference to innovation taken by offer of gambling on the Internet. Such a regulation was subsequently integrated by Directorial Decree of the AAMS 25 June 2007. The latter decree was overruled by the TAR-Lazio on 7 May 2008 and subsequently revivified by the Italian Supreme Administrative Court on 12 May 2010. Remote gambling regulation was innovated in 2009, by article 24, paragraphs from 11 to 26 of Law 7 July 2009, No. 88. The new regulation was implemented and entered into effect by Directorial Decree of the AAMS 8 February 2011 and by consequent subscription of the act of integration of the agreement for access to concession of public games, pursuant to article 38, paragraph 2, of the Decree law 4 July 2006, No. 223, converted with modifications and integrations by Law 4 August 2006, as well as by the procedure for assignment of concession to exercise public games, pursuant to article 24, paragraph 13, letter a), of Law 7 July 2009, No. 88.
