Thousands of Americans gamble online. But is online gambling legal? We break it down to show you what you can do, what you can't do, and what's still up in the air.

by Katherine Butler
updated September 03, 2020 · 2min read

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Online Poker Legal In Deutschland 2020

The legality of online gambling is ever-changing. But one thing is constant: it makes a lot of money. Online gambling industry makes an estimated $1 billion dollars annually. This is a huge business, and a lot of people have cashed in on it. But it has led to some ambiguous legal issues, as the legality of online gambling is constantly being challenged.

There are differences in the legality of making bets, taking bets, facilitating payments to casinos, and advertising on websites. And there are constantly new legal challenges. So here is a breakdown of the law on online gambling.

Legal Forms of Gambling

There is no federal law against placing a wager online. So, you can legally place a bet online. However, a wager must not be placed on a site located in the United States. There is a small chance players might run afoul of state law, but there is little chance of prosecution. The only case cited where a person got into trouble with a state was in 2003. Jeffrey Trauman of North Dakota paid a $500 fine on over $100,000 of online sports bet winnings.

Sites that are set up outside of the United States are legal. Therefore, gambling on websites located in areas like Australia, the Caribbean, and Latin America is legal. Just be very clear that the site you are playing on is not based on U.S. soil.

Definitely Not Legal Forms of Gambling

It is never legal to gamble on a website based in the United States. Also, if you are planning to operate an online gambling site, stay outside of the United States. You must also deal only with casino and poker wagers (not sports bets) from people in the US. And you cannot take bets over the phone from people in the United States.

Accepting online gambling advertising is also illegal. If you are a small publisher, you are less likely to be prosecuted, but why risk it? As of early 2009, only large and mid-size publishers had faced prosecution. In 2007, the three big search engines (Google, Yahoo, and Microsoft) each paid a fine for accepting online gambling ads, but did not face criminal charges. Other publishers, such as Esquire Magazine, have been warned by the government not to take online gambling advertising.

Facilitating the transfer of funds to online casinos is also a bad idea. As of 2006, it became illegal for American banks to process transactions originating from or directed toward any online gambling operator. Because of this, several sites then refused to take bets from American players. But as the law seems difficult to enforce, it has not turned the tide completely for American players.

Still up in the Air

Advertisers who promote sports books in magazines and on billboards may or may not face prosecution. So far, sports books have never been scrutinized for advertising online. And online casinos, poker rooms, and sports books have never been prosecuted for buying ads.

Online casinos and operators still accept American players. And international financial parties have continued to process their transactions. The legality is always changing and there have been attempts to declare online wagering against the law, but for now, U.S. citizens who simply place bets online are in the clear.

Online gambling is mostly outlawed in Germany. We say
“mostly” because Germany is one of those places where it’s
definitely illegal to host a gaming site, but the legality of
just placing bets online is unclear. A certain interpretation of
German law could classify the act of placing a bet online as
illegal, but the authorities appear to have no interest in
reading or enforcing the law in that manner.

One thing we can tell you for certain is that online gambling
is popular in Germany. More importantly, not a single German has
ever gotten in trouble placing a bet over the internet. The
legal battles in that country mostly revolve around the right of
operators to offer their services to the public.

Where to Play Online

Any Germans reading this should look to gambling sites based
out of the country. Current national law doesn’t allow for the
licensing of casino sites, so people resort to foreign
operators. Companies based outside of Germany aren’t beholden
to German law and can therefore accept wagers from anyone inside
the country.

The main thing to remember when dealing with foreign
operators is that you have no legal recourse under German law if
something happens to your money. It’s best to stick with
gambling sites that are licensed by reputable jurisdictions such
as the UK or the Isle of Man. Equally important is the
reputation of each site in terms of paying players and hosting
honest games.

Deutschland Online Poker Legal Advice

Stick with the places recommended here to ensure your safety
and get paid when you win. These are some of the biggest names
in the global gaming market, and they are as legit as any
brick-and-mortar casino in Germany.

German Law is in a State of Flux

The difficulty in analyzing the German market is that the
laws have experienced a great deal of turbulence in recent
times. Adding to the confusion is the ability of each state to
regulate gambling how it sees fit.

Germany is a mix of wide-reaching national laws and more
limited state laws. Some forms of betting are allowed in some
states while others are banned in others. It’s also apparent
that incoming governors are not afraid to completely reverse
gaming laws enacted by their predecessors.

Up until 2008, online gambling was unregulated in Germany.
The laws at the time didn’t address the internet in any way.
Things changed when the Interstate Treaty on Gambling (ISTG) was
passed in 2008. This effectively banned all forms of online
gambling other than sports betting and horse racing offered by
state-owned entities.

Ist Online Poker In Deutschland Legal

All 16 states initially joined the treaty. The state of
Schleswig-Holstein opted out in 2012 and even issued licenses to
about 3 dozen operators, including PokerStars and 888. It would
not last for long. The move was reversed just a year later when
the state government was voted out of office and the new
governor took over.

The good news for the operators that went through the trouble
of getting licensed is their 6-year licenses remain in effect.
All operators who earned licenses are able to provide real money
casino games and poker to players inside the state of
Schleswig-Holstein until 2018.

As things stand now, online gambling is largely outlawed
across Germany with the exception of the two dozen or so operators
who have licenses to operate in Schleswig-Holstein. There are no
other legal gaming sites in Germany, and there’s no way to
obtain a license to offer games.

Deutschland Online Poker Legal Sites

German gaming laws violate EU rules regarding free trade and
competition. The EU has chastised Germany for its harsh stance
on gambling, but Germany seems destined to keep things as they
are for the time being. In the meantime, we would like to point
you to any of the safe and reputable gaming sites mentioned on
this site.