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Cross-border regulation of online gambling - the collision of national legal frameworks

Publication at Faculty of Law |
2018

Abstract

This article provides an outline of the issue of a collision national laws regulating the operation of online gambling, especially in terms of setting the criteria under which individuals can participate in these games. The discrepancy between these criteria primarily results in the fact that certain individuals may participate in online gambling in multiple countries at the same time, in full compliance with the relevant national laws.

The article describes a concrete example of such a conflict of national laws, namely probable conflict of the Czech regulation according to the Gambling Act and the draft of new Slovak Gambling Act, which has already been notified to the European Commission. Subsequently, article describes the general causes of such national laws collisions, as well as the consequences that arise from the fact that one individual can participate in online gambling in multiple jurisdictions at the same time.

Finally, possible solutions are being evaluated to overcome these conflicts of national law.