Gamblers who have “gambling” with providers from other EU countries are “increasingly relying on potential breaches of data protection law to get their gaming bets back.” This is reported by Bettina Singer, State Data Protection Officer of North Rhine-Westphalia. The companies complained against often come from Malta and do not have the necessary licenses for the German market.
Advertisement
chances of success are low
The reason for the complaints is that “information about gaming bets was not provided to the desired extent or within the statutory monthly time limit.” Players want to get proof of their stake in previous years and ask for money back from the provider. However, the chances of success are low, especially with regard to data protection law, and repayment is “not a sure shot”.
“We have sent a number of complaints to Malta’s supervisory authority in recent months. Supervisory authorities in other federal states and neighboring European countries have also submitted similar complaints,” Geck said. Maltese companies “mostly offer their games on the German market without the necessary licenses, however, they have been refusing to release transaction data for several months, citing the new Malta law.” LDI NRW says, according to law (PDF) Companies may refuse to provide information if they want to use it to defend legal claims or bring legal proceedings.
In October this year, the data protection supervisory authority in Malta informed the German authorities that it considers a refusal to provide information unlawful only “if a lawsuit for repayment has not yet been filed” and requires companies to provide the information. requested. However, companies provide information only when the stake is small and refunds are also rare. “We are currently collecting comparable complaints and then sending them in a consolidated form to the data protection supervisory authority in Malta,” explains Geck. The decision of Malta’s data protection authorities is conclusive.
Malta Bill 55
“Bill 55”, passed in June 2023, also protects Malta’s gaming industry from claims for damages from foreign countries. on both federal level (PDF) also at european level There are still open questions.
Players across Germany are currently trying to claim repayment for gambling bets that were not cleared nationwide until 2021. Although the Federal Court of Justice has confirmed in previous proceedings that players can claim damages in certain cases, this also includes the European Court of Justice at the same time.
(Mac)
