Gaming and e-Commerce
The gaming and e-commerce industry is continuing to grow exponentially, valued at billions of dollars globally. In the face of the fast-changing global environment, Gibraltar continues to carve out a successful path, home to many successful gaming and e-commerce companies.
ISOLAS has a dedicated team of professionals with broad and in-depth experience with licensing, transactions, regulation and legal issues facing remote gaming operators and their suppliers involved in gaming (including social or casual gaming), gambling, betting, lotteries (both remote and land-based) and e-commerce business.
The gaming team regularly assists businesses in this sector, from start-ups and remote gambling license applications to large corporations, in commercial and corporate transactions. The team also perform independent AML audits on Gibraltar licence holders as required by local regulations and have extensive operational and compliance expertise in this area. The UK and Gibraltar have reached an agreement over the future of gambling following Britain’s exit from the European Union. Gibraltar is therefore well suited to deal with today’s regulatory climate.
Regulation – The Gambling Act 2005
Regulation and transparency are key to Gibraltar’s drive to consolidate itself as a leading jurisdiction for e-gaming and e-commerce companies. In 2006, the Gibraltar legislature brought into force he Gambling Act 2005. The Gambling Act 2005 builds on the pragmatic approach to regulation Gibraltar has adopted over the years. It provides a streamlined application, licensing and regulatory framework for the country’s well established and fast-growing e-gaming business sector. The Gambling Act 2005 strikes a fair balance between efforts to further regulate the gaming industry and the need to respond rapidly to a highly competitive and fast-moving international e-business environment.
Regulation – The Electronic Commerce Act 2001
To further complement this, the Electronic Commerce Directive was transposed into Gibraltar law as the Electronic Commerce Act 2001.
Although the Directive does not apply to gaming, this exclusion was not following by the Gibraltar legislature thereby allowing Gibraltar based e-gaming companies to benefit directly from its provisions.
Essentially this means that clients of e-gaming companies operating from Gibraltar may rely on the statutory protection afforded by the Electronic Commerce Act 2001 in addition to that provided by inter alia, the Data Protection Act, Intellectual Property (Copyright & Related Rights) Act 2005 and the Gambling Act 2005.
One of the key considerations for remote and land-based gaming and gambling operators is compliance with requirements to pay gaming tax and income tax.
ISOLAS can assist companies in their compliance efforts and offer suggestions for structures to legally minimise taxation.
Gibraltar has seen various major e-gaming companies involved in public financing over the last few years.
ISOLAS is well experienced in listings and assisting companies in complying with legal and regulatory obligations involved in public financing projects.
Of particular importance in these transactions is our in-depth knowledge of Gibraltar’s legal and regulatory regime.
Gaming, gambling and betting operators, have specific recurring types of employment law issues.
ISOLAS is vastly experienced in this area and offers sound commercial advice to employers with respect to all employment and human resources matters, including new and forthcoming Gibraltar and EU employment legislation.
Indeed, ISOLAS have been doing this since online gaming operators first started establishing their business in Gibraltar more than 15 years ago.
Gaming operators, both remote and land-based, have continuing needs for supply of goods and services related to their businesses.
These include contracts for software and website development, gaming platforms, web content, hardware, software and content procurement, licensing and maintenance, telecommunications links, web-hosting, web-design, cloud banking and other commercial arrangements with payment providers, advertisers, sponsors, partners, white labels, endorsed vendors and preferred suppliers.
Intellectual Property Protection
ISOLAS has a very strong and experienced Intellectual Property Team. We can advise on the protection of all of your intellectual property rights worldwide and register and manage your IP portfolio as well as advise on IP protection strategies.
Since remote gaming companies carry out most of their business through the internet on an international scale, it is key for such companies to be fully aware of the strength and vulnerabilities of their IP rights, not only in Gibraltar but on a world-wide basis.
We regularly advise on trademarks, copyrights, designs, database rights and patents. We assist in the commercial valuation of these rights through licensing or sublicensing.
Property and construction
Securing favourable legal and commercial terms for property is critical for the success of Gibraltar licensed and based gaming, gambling and betting operators. Our property team can assist in asset purchases or sale and leasing of facilities for gaming, gambling and betting.
We can also advise on land use rights, planning, licensing and environmental issues. Our property construction team has extensive experience in projects involving construction of casinos, betting shops, resorts and clubs in Gibraltar and elsewhere.