Analysis

Austrian coalition nears agreement on gambling law overhaul amid expert warnings

Local media reports suggest that Austrian coalition parties have agreed on the gambling law reform, although legal experts caution against treating the reported measures as final.

· 3 min read
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Key Points
Reports suggest coalition parties have agreed on a new gambling law, which will end the online casino monopoly, along with other changes to gambling regulations
Lawyers Dr. Rapani and Hohenthanner caution against treating reported measures as final, as no official text has been published
They note that several measures have changed within weeks and that earlier reporting was based on a draft with no “cooling-off” period, which is now reportedly agreed on

Reports have begun circulating in local Austrian media that the three governing parties – the Austrian People’s Party (ÖVP), the Social Democratic Party (SPÖ) and the New Austria and Liberal Forum (NEOS) – have reached an agreement on a new gambling law. This law will end Win2Day's online monopoly under the planned licensing system. 

Lawyers urge caution as negotiations continue 

Esteemed Austrian lawyers Dr. Christian Rapani and Felix Hohenthanner of the Rapani law firm told Global Gaming Insider that no draft has been officially published yet. 

They added that the points described in local media, as covered by Global Gaming Insider, are broadly consistent with the current state of negotiations as they understand them.  However, they also emphasised that nothing is final until the official draft is released and that all details should be regarded as provisional. 

Dr. Rapani and Hohenthanner have cautioned against treating any of the specific measures as final, noting that several have changed already over the past weeks. Indeed, earlier reporting described a draft that included no cooling-off period and lower limits – considerations that have now been amended. 

The parties have allegedly reached an agreement on the number of land-based casino locations. According to the reports, the law would specify 13, reduced from the previously planned 15. 

Cooling-off period remains a key point of contention

Recent reports have begun to clarify that a “cooling-off” period has been agreed upon. This would mean operators applying for a licence must not have offered their services illegally to Austrian customers in the 18 months prior, rising to 24 months from 2030. Applicants would also be required to settle any unpaid tax liabilities and comply with outstanding rulings related to player reimbursement claims. 

Regarding the “cooling-off” period, Dr. Rapani and Hohenthanner note: “It is our understanding that the cooling-off requirement is being advocated above all by the current licence holder and by operators that have scaled back their online offering in Austria while maintaining a significant physical presence. For them, this period would, in practice, keep potential competitors out of the market. 

“Our impression is that this public debate is itself being used as a lever to build pressure within the legislative process in favour of including such a cooling-off period, but our understanding is that no agreement is set yet.” 

Previously, Casinos Austria CEO Erwin van Lambaart spoke out against liberalising the monopoly. 

Dr. Rapani and Hohenthanner caution against treating any of the specific measures as final, noting that several have changed within weeks

 

Compromise reached on slot machine limits? 

Indeed, a compromise has allegedly been reached on slot limits under ‘small-scale gambling,’ which covers slot machine operations at the state level. The maximum stake per game would fall from €10 ($11.44) to €5, while maximum winnings would remain capped at €10,000. 

The previously reported proposal included reducing the maximum stake to €2 and the maximum winnings to €2,000. This proposal faced strong opposition from state leaders who warned it could weaken player protection, reduce tax revenues and drive players towards illegal gambling operators. 

Latest reports suggest that jackpots would still be permitted. The same rules that apply to land-based slots would also apply to their online counterparts. 

Good to know

Sports betting is rumoured to stay classified as a game of skill, rather than gambling, meaning it will possibly remain outside a unified federal framework and continue to be regulated at the state level

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