Montenegro's Evolving Legal Landscape: Recent Amendments And Controversies In Games Of Chance Regulation

• Published date: 01 April 2024
• Subject Matter: Media, Telecoms, IT, Entertainment, IT and Internet, Mobile & Cable Communications, Gaming
• Law Firm: Schoenherr Attorneys at Law
• Author: Ana Ivanović and Isidora Kodi&#263

Montenegro's Law on Games of Chance (the "Law") was enacted in 2004 and has undergone multiple amendments since. The most recent ones came into effect on 1 January 2024. The aim of the amendments, as stated by the competent authorities, is to ensure a sustainable regulatory system for organising games of chance via the internet or other telecommunication means, as well as to generate additional revenue from these activities. This objective is to be achieved through measures aimed at establishing a variable concession fee for the organisation of online games of chance, a provision not envisaged in the prior legal framework in this area. Another measure to achieve the set goal is to introduce a ban on participation in foreign games of chance via the internet and other telecommunication means for which bets are paid on the territory of Montenegro.

To achieve these objectives through the proposed measures, several amendments to the Law have been proposed and adopted:

• The concept of organising games of chance through the internet or other telecommunication means has been clearly defined for the first time.
  
• A ban has been introduced on participation in foreign games of chance for which bets are paid within the territory of Montenegro regarding the organisation of internet betting. Therefore, the competent authorities are now obliged to restrict access to the websites of gaming organisers who accept payments for games of chance from players in Montenegro, through the blocking of IP addresses by an independent regulatory body in the field of electronic communications, as well as the prohibition of all types of payments to foreign organisers. Furthermore, the competent authority is required to maintain and publish a list of unauthorised online gaming organisers ex officio.
  
• A higher annual fixed fee per casino has been introduced, now amounting to EUR 100,000 instead of the previous EUR 50,000 Additionally, the variable fee for organising games of chance in casinos has increased from 10 % to 15 % of the base.
  
• A prohibition on organising games in residential-commercial buildings has been introduced.
  
• A new regulatory framework has been established for the organisation of games of chance on the internet. The most significant changes involve defining the conditions and methods of player registration and identification, as well...