German Gambling Regulator Proposes ISP Blocking of Unlawful Websites
The newly formed German gambling oversight body, the Glücksspielbehörde (GGL), has put forward a novel strategy that would necessitate internet service providers (ISPs) to willingly impede access to websites deemed unlawful within Germany.
The GGL assumed the responsibility of enforcing regulations against unauthorized gambling activities on July 1st and became the sole governing authority for all gambling affairs in Germany on January 1st, 2023.
In the preceding month, the GGL disclosed specifics of its action plan, pledging to utilize payment and IP address blocking techniques to hinder unlicensed businesses from accepting wagers.
In a communication addressed to all ISPs operating within Germany, the GGL asserted that while ISPs are not legally bound to restrict access to websites upon the regulator’s request, such action would contribute to preventing illegal gambling websites from functioning within Germany and provide enhanced protection for consumers.
In the previous week, the GGL issued its inaugural blocking order against the lottery betting operator Lottoland, urging ISPs to restrict access to the site, which has allegedly been offering unauthorized gambling services for an extended period.
“The GGL is adopting a collaborative approach, engaging in equitable dialogue,” the GGL stated.
The German Gaming Authority (GGL) has made its position clear regarding the blocking of unlawful gambling sites. While the GGL encourages internet service providers (ISPs) to work together, it is not a requirement. The GGL has outlined the legal justification for ISPs to block these websites and has taken action against unlawful gambling operators in the past.
ISPs have the choice to decline the GGL’s suggestion and only adhere to official administrative procedures, which are subject to judicial review. Failure to comply with a formal request to block unlawful gambling sites could lead to a fine of up to €500,000, depending on the recipient’s financial resources.
The GGL recognizes that blocking requests may violate the rights of providers and users, but insists that these measures are essential to safeguard consumers from the negative consequences of gambling. The GGL’s objective is to combat unlawful gambling and protect gamblers, particularly young people, from addiction and manipulation.
Our inquiry has concluded that these actions are warranted and thus permitted. They adhere to the principle of proportionality.
We have also taken into account pertinent European regulations, particularly the stipulations for freedom of services and establishment, as well as net neutrality. We are confident that these measures do not infringe upon net neutrality.”