A general introduction to gambling law in Switzerland
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In January 2019, a comprehensive legislative overhaul entered into effect. The Gaming Act deals with a wide range of games that involve the expectation of a prize or something of monetary value in exchange for a stake.
The Gaming Act distinguishes between 'major' and 'minor' games. Major games include lotteries, sports bets and games of skill. Minor games are either automated or intercantonal or online. The notions of pool betting and spread betting are not defined. Secondary lotters are also not regulated in the law. E-sports are subject to much discussion in Switzerland. The Swiss Gambling Supervisory Authority has not taken a final stance on the issue of e-sport. It is not currently considered an official sport. e.sports are likely to qualify as games that may or may not require a licence.
Lotteries are money games open to unlimited number of people. Sports betting is a money game in which the winnings depend on the correct prediction of the course or outcome of a sports event. Casino games are cash games with a limited number and small number, and games of skill are games where the outcome depends entirely or predominantly on a player's skill.
The Gaming Act was adopted by the Swiss parliament in September 2017 and entered into effect on 1 January 2019. It serves as the legislative framework for all games involving consideration and prize.
Domestic lotteries offered limited products also online without an express legal basis. Domestic casinos had no legal possibility to offer games of chance online. Casinos and public lotters can seek business partnerships with international B2Cs and B 2Bs. International business partners do not need to seek establishment in Switzerland. This requirement only applies to skill gaming operators who can apply for an independent online licence. Financial payment mechanisms must be compliant with anti-money-laundering requirements. Casino suppliers must use IT security management certified in accordance with the ISO/IEC 27001 standard.
The Federal Government's Gaming Ordinance, the ESBK's Money Laundering Ordnance and 26 cantonal laws implementing the federal gaming laws are among the laws.
