Ask a lawyer on the topic of Data protection law

Online gaming revenues are subject to the laws and regulations of the country in which they are generated.

October 21, 2010 | 35,00 EUR | answered by Bernhard Müller

Hello dear lawyer,

will I have problems if I open a homepage on which a so-called 7-day battle takes place? On the page there will be an online game (which I will purchase the rights for) that runs for 7 days each time.

Every participant/player has the opportunity to register and achieve a high score with a stake of 0.50 cents. It is a pure skill game.

Of the 0.50 cents, 0.25 go into the prize pool, 0.20 go to me, and 0.05 cents go to a good cause.

That is the basic principle.

If all requirements are met (company founded, etc.), may I operate it in this way and also pay out cash prizes or perhaps only prizes in kind?

Do I need to go to a notary or TÜV?

It would be very kind if you could provide me with more detailed information on this.

Thank you and best regards.

Bernhard Müller

Dear inquirer,

There is a risk that authorities may not consider the game to be a game of skill but rather as gambling. Therefore, you should apply for permission to operate the gambling game from the relevant authority. If the authority agrees with your assessment that it is not gambling but a game of skill, make sure to get this in writing. If you have this confirmation, it doesn't matter whether you offer money or prizes. If you do not get this confirmation and later a court determines that it is indeed gambling, you could face trouble for violating § 284 of the Criminal Code. The responsible authority depends on the state in which you live, so I cannot tell you who it is.

Best regards,

Bernhard Müller Attorney