Online betting game
September 28, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I would like to operate an old board game on the internet where players can also place bets with a small stake (double-digit amount). Is such a game type prohibited in Germany?
Dear inquirer,
Thank you for your inquiry!
Taking into account the information provided by you, I am happy to summarize and answer the questions you have posed as follows:
Without knowing the exact details of the game, a conclusive assessment of the situation will unfortunately not be possible. However, I offer to thoroughly review your game idea within the scope of a separate mandate. In the event of engaging my services, the initial consultation fee paid here would be fully credited towards your mandate.
Ultimately, it will depend on whether the game you intend to offer online is a sweepstake or a game of chance. A game of chance would need to be approved by the authorities and hosting such a game without permission is punishable under § 284 of the Criminal Code.
Below, I have included § 284 of the Criminal Code for better understanding:
§ 284 Unauthorized organization of a game of chance
(1) Whoever publicly organizes or runs a game of chance or provides facilities for it without official permission shall be punished with imprisonment for up to two years or with a fine.
(2) Games of chance held in clubs or closed societies where such games are habitually organized are also considered to be publicly organized.
(3) In cases of paragraph 1,
1. acting in a professional capacity or
2. acting as a member of a gang that has united for the continued commission of such acts,
shall be punished with imprisonment from three months to five years.
(4) Whoever advertises for a public game of chance (paragraphs 1 and 2) shall be punished with imprisonment for up to one year or with a fine.
Ultimately, it will mainly depend on whether the game format you are offering falls under the definition of a game of chance as outlined in § 284 of the Criminal Code.
The requirements for a game of chance are as follows:
- It must be a game format (which seems to be the case based on your description).
- The outcome of the game must largely depend on chance rather than tactical skill or similar.
- There must be a prize, and participation must depend on a significant financial stake (i.e., participation fee/stake).
Whether these requirements are met in your case cannot be definitively determined without further information. Before launching the game online, I recommend seeking legal advice to ensure you do not unintentionally break the law.
I hope this information has been helpful. Please feel free to contact me through the follow-up option on this portal or via my email address if you have any further questions.
I would like to emphasize that the legal advice I have provided is based solely on the information you have provided. It is only an initial legal assessment and does not replace a comprehensive evaluation of the situation. Adding or omitting relevant information can lead to a completely different legal assessment.
I wish you a pleasant Monday afternoon and a great start to the week!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
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