European Commission Press Releases
Joint statement by Commissioner Věra Jourová and Haruhi Kumazawa, Commissioner of the Personal Information Protection on the state of play of the dialogue on data protection
Tokyo, 31 May 2018 – Commissioner Haruhi Kumazawa and Commissioner Věra Jourová held a very constructive meeting in Tokyo on 31st May 2018 with the aim to advance the process towards mutual adequacy findings.
They reaffirmed that a simultaneous finding of an adequate level of protection by both sides will complement and enhance the benefits of the Economic Partnership Agreement between Japan and the EU, which is currently proceeding for the signing, and that the finding will also contribute to the strategic partnership between Japan and the EU.
They took note of the significant progress achieved in the past months. This includes, in particular, the agreement on solutions to bridging relevant differences between the two systems such as the Supplementary Rules, to be adopted by the Personal Information Protection Commission (PPC) following the public comment procedures, coupled with the Basic Policy on the Protection of Personal Information (Cabinet decision). It also includes the clarifications by the European Commission of the legal nature and effect of the EU General Data Protection Regulation in the European Economic Area states as well as the content of certain General Data Protection Regulation provisions.
They agreed to intensify the work with the shared commitment to complete as soon as possible both procedures – the designation of the European Economic Area by the Personal Information Protection Commission as a foreign country establishing a personal information protection system recognised to have equivalent standards to those in Japan based on Article 24 of the Act on the Protection of Personal Information (APPI) and the parallel decision by the European Commission that Japan ensures an adequate level of protection of personal data pursuant to Article 45 of the General Data Protection Regulation.
They affirmed that the Personal Information Protection Commission and the European Commission will continue to consult each other with a view to finding mutually acceptable solutions whenever there is a need for cooperation with respect to personal data based on the framework for mutual and smooth transfer of personal data between Japan and the EU.
Background
As announced in January 2017 in its Communication on Exchanging and Protecting personal data in a globalised world, the Commission has launched a dialogue with the aim of reaching an “adequacy decision” with Japan. Adequacy decisions allow for the free flow of personal data to countries with “essentially equivalent” data protection rules to those in the EU.
STATEMENT/18/4021
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European Commission Press Releases
EGBA Welcomes EC Commitment to Improve Digital Single Market
The European Gaming and Betting Association (EGBA) has welcomed the European Commission’s commitment to improving the digital single market.
In its work programme, the Commission announces several new initiatives aimed at strengthening the operation of the single market, particularly for digital services, and making it work more effectively for online consumers.
EGBA believes the Commission’s commitment to improving the digital single market should include a review of its approach to online gambling. With more than 16.5 million Europeans betting online, there is clearly a need for a more consistent EU policy towards this cross-border sector worth €22.2 billion and growing by 10% each year.
“EGBA welcomes the Commission’s commitment to making the single market work for online consumers. More than 16.5 million Europeans bet online but their rights are not protected by any EU rules. It is time to bring the EU’s approach to online gambling into the 21st century – the Commission should act,” Maarten Haijer, Secretary General of EGBA, said.
European Commission Press Releases
European Commission Criticises Third German State Treaty on Gambling
The European Commission has criticised the latest incarnation of Germany’s State Treaty on Gambling.
After the proposed legislation was submitted to the Commission in May, general director Lowri Evans has submitted a response which casts doubt on the effectiveness of the planned framework.
Evans criticised the short-term nature of the third amended State Treaty on Gambling. Evans questioned the logic of implementing the Treaty for such a short period from 1 January 2020 to 30 June 2021.
In order to secure a licence, operators will be required to shut down any online casino offerings and offer sports betting without in-play wagering. Players will be restricted to spending €1000 per month, with a 5% turnover tax levied on licensees. These restrictions and fees are expected to slash operators’ revenue should they be fully enforced.
Evans noted that the controls to be implemented could make the market particularly unattractive for operators. With the processing of licence applications to begin from 2 January, the first working day of 2020, licences could be valid for less than 18 months.
Evans casts doubt on whether goals of the Treaty, such as increasing player protection and driving unlicensed operators from the market, could be achieved in an 18-month period. Evans also queried when the effectiveness of the Treaty would be assessed, something pledged when it was first introduced in 2012.
“The Commission emphasises the need for a continuous evaluation of the implementation and application of the State Treaty, in particular (but not limited to) sports betting. The German authorities have already committed in 2012 […] to an evaluation of the appropriateness and effectiveness of the provisions relating to sports betting. Unfortunately, in view of the previous non-award of sports betting licenses, no such evaluation has yet been carried out. Therefore, the German authorities are invited to [explain] how and when an evaluation of the appropriateness and effectiveness of the sports betting provisions will take place,” Evans stated.
Compliance Updates
Europe that Protects: Stronger rules criminalising money laundering enter into force
Today, the new measures to counter money laundering by criminal law enter into force across the EU. The new rules will ensure that dangerous criminals and terrorists face equally severe penalties for money laundering wherever they are in the EU, with a minimum term of imprisonment of 4 years.
Commissioner for Migration, Home Affairs and Citizenship Dimitris Avramopoulos said: “If we want to catch criminals and terrorists, we have to follow the money. Today, we are beefing up the EU’s response to money laundering, making sure that criminals and terrorists no longer get away with illegally gained money and face deserved justice. A Europe that protects is a Europe that effectively prevents and prosecutes criminals.”
Commissioner for the Security Union Julian King said: “Money laundering is a key tool used by terrorists and serious criminals to obtain funding – by harmonising the crime and the punishment across the EU, we can further close down the space in which they operate. Member States now need to implement the new rules without delay.”
The Commission proposed to harmonise offences and sanctions for money laundering across the EU in December 2017. While all Member States currently criminalise money laundering the definitions of this crime as well as the penalties related to it differ across the EU, allowing criminals to effectively “window shop” and exploit the differences between national legislation.
With the new rules in force that will be no longer possible. Member States now have 24 months to implement the new rules into national law and notify the Commission accordingly.
The recent changes and all AML related topics will be highlighted during Prague Gaming Summit by the attending experts of the gambling industry in a special panel discussion. You can find more details on the following page.
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