Find Lawyers in Düsseldorf, Germany for Gaming Law

Practice Area Overview

In Germany, gaming is primarily governed by the Interstate Treaty on Gambling, a legal regulatory framework agreement entered into by the sixteen German states that defines the scope of what is considered to be subject to gaming regulation. The Interstate Treaty is implemented by respective state legislation. In addition, various federal laws impact on gaming operations not only on the regulatory and compliance side of things but also in a commercial and corporate law context. These for example include the law of taxation, anti-money-laundering, IP/IT and criminal law as well as the law of contracts, administrative, competition and banking law. Germany being a Member State of the European Union, German gaming law is further highly influenced by European law and regulations. 

Gaming law, however, not only requires advisers to have extensive knowledge of the law, but also demands a sound understanding of the gaming industry as well as the commercial, technical and operational issues the clients face on a day-to-day basis. 

Gaming law clients will for example include gaming operators, such as casinos or bookmakers that are seeking advice on licensure or regulatory risks/opportunities relating to the German market and litigation. Similarly, gaming lawyers will act in the context of disputes connected to compliance with licence conditions, applications for renewals of licences or when dealing with licensing authorities, regulators and stakeholders in the industry in general. Establishing a good relationship with regulators, trade associations and gaming lawyers in other jurisdictions therefore is crucial, also in order to be in a position to be instrumental in shaping the regulatory debate and attending to clients’ global operations. When acting for or negotiating with software developers, manufacturers of gaming equipment, suppliers or other service providers in the gaming sector, typical legal services provided by specialist gaming lawyers will e.g. include the drafting of e-commerce, payment processing or licensing contracts as well as white-label arrangements, confidentiality, privacy policy or sponsorship agreements or terms and conditions.

In corporate related matters legal services cover anything from the incorporation of companies in the gaming sector to negotiating and executing the acquisition or sale of a commercial entity or developing corporate (re)structuring options.  This may also involve acting for e.g. private equity firms who require specialist advice/due diligence reviews in relation to M&A in the gaming sector. Gaming lawyers will further often be instructed to assess the legality of new (social) gaming ventures or advertising stunts/marketing campaigns. 

Dr. Joerg Hofmann Melchers Rechtsanwälte Partnerschaftsgesellschaft

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Related Practice Areas: Corporate Law, Franchise Law
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