German regulator calls for more black market scrutiny

More protections are needed against the online black market, according to Gemeinsame Glücksspielbehörde der Länder (GGL), Germany‘s gambling authority.

Together with representatives from the political, scientific and commercial fields, the authority participated in a series of discussions regarding online regulations during the Berlin Congress organised by the German gambling trade body DAW.

Ronald Benter, Chairman of the GGL, noted that the fight against the black market requires a wide range of instruments if effectiveness is to be achieved.

A particular development that Benter wants to see implemented as soon as possible is a new framework around the blocking of illegal gambling advertisements based on IP addresses. 

Benter has sought developments on this particular front for a number of years now. Towards the end of 2023, it was announced that the government is intending to modify Germany’s Criminal Code by deleting Section 284 – previously allowing the GGL to file criminal charges with the public prosecutor’s office against illegal operators.

As a result, in early 2024 Benter and the rest of the GGL board wrote a letter to the Federal Government, asking for the section to be expanded instead to include operators that are based abroad. This is something that is still pending approval, Benter said at the Congress.

Another key talking point that the GGL Chairman raised was the need for a legislative framework that balances between an attractive market and high player protection.

“As an enforcement authority, we address every form of unauthorised advertising. We are thus ensuring that all permitted providers can and must operate under the same framework,” he said.

One example of GGL’s continuous work on this was the ruling from 2024 where the regulator legally required Google to show German consumers only advertisements from licensed gambling providers. 

There is also an ongoing study commissioned by the GGL expected to come out in December this year, which will look at more ways to improve legal gambling advertising under the Gambling Advertising Act 2021 without putting vulnerable groups at more risk.

All in all, Benter concluded that the fight against the black market is a long and exhausting process, which requires close coordination between the GGL, German authorities and international industry partners – in order to equally protect the market’s sustainability and the safety of players.