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Gambling and Sports: Legal Background


Major sporting events such as the European Football Championship arouse a passion for competition. Private betting at work, regular tables, and clubs are also increasing. Bets can also be placed on future F1 world champions, Grand Slam winners, and more recently on the outcome of political elections.


Games and Bets: Contracts with Uncertain Results

From a legal point of view, games and bets are also contracts. However, these contracts are different from all other types of contracts. The success of one or the other business in games and betting depends on uncertainties, often even by chance. There are certain dangers here, and as a result, the legislature claims that such contracts have become less valid.


Game of chance: Equality before the law

There are two main types of games.
– In gambling, success depends entirely or almost on chance.
– On the other hand, in skill games, the skill and ability of the player are decisive.

Both formats are treated equally by the law.


Related Contracts: Sweepstakes and Sweepstakes

Games and bets within the meaning of § 762 BGB are not Sweepstakes (Section 661 BGB), Sweepstakes, or Charitable Sweepstakes.


Banned Games and Bets

Some games and bets will invalidate your contract because you violate
legal prohibitions. This includes:

1. Fraud. This will be punished as fraud under Section 263 StGB.
2. Games of public or normal luck (§284 StGB), and
3. Public lottery or lottery without official approval (§287StGB).

Some stock exchange trading, especially so-called futures trading, has features like games and bets. However, the legislature permits such transactions and explicitly excludes the application of Section 762 BGB under the Special Provisions of the Securities and Exchange Act (Section 347e).


State Sports Betting Monopoly and Special Features of Online Gambling

In a decision of September 8, 2010, the European Court ruled that the existing sports betting monopoly on state providers fixed in the state gambling treaty is justified. It was decided that it would not be converted. The State Treaty on Gambling Amendments, which had been in force since 1 July 2012 for all federal states except Schleswig-Holstein, ended on 30 June 2021.

The State Treaty on Gambling followed. on July 1, 2021. According to this, online gambling requires a gaming account that includes identification and authentication set by the provider. Players must provide the provider with their first name, last name, maiden’s name, date of birth, date of birth, and place of residence. Each of these needs to be verified by the provider. You can deposit up to € 1000 per month in this account. This deposit limit applies to all providers. This is monitored by a central “restriction file” where the data for each player is sent by the provider. Player data is stored in a central provider-independent online blocking system. Promoters ban and must ban players. Visit for more online slot gambling.