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UK Online Poker Laws
Introduction
The Gambling Act of 2005 was a revolution for UK
online gambling laws. Commercial online poker is now fully regulated across Great
Britain to ensure you have the best, safest experience possible. A government body
called the Gambling Commission issues licenses to approved online casinos and monitors
them closely to ensure standards are met at all times. They're here to regulate every
aspect of the online poker industry.
On this page you're going to learn in detail about
UK online poker laws, how they are interpreted and the role of the Gambling Commission
in policing the online casinos who deliver your entertainment. In answering some of the
most frequently asked questions about UK online poker laws, we'll touch on these themes
and more:
Can UK residents play online poker legally?
How to know if an online poker
site is safe
Tax laws as they apply to poker players online
The role of the Gambling
Commission
Is it legal to play online poker in the UK?
Let's start with the question
that matters most to UK poker lovers. You'll be happy to know it's fully legal to play
online poker in the UK, providing you are aged 18 or over and have permission to
operate the device your are accessing the online poker site with.
"Online poker is
completely legal for UK players and everything's in place to keep you safe and secure
online."
Am I safe playing online poker in the UK?
Providing you stick to trusted,
licensed poker websites, and play sensibly at all times, it's extremely safe to play
online poker from the UK. The danger comes when you visit an untrustworthy site, or one
without the requisite security measures in place to protect your personal and banking
details. Play at an unsecured site without a license and you play at your own risk.
How
do I know if a poker site is safe?
Legal UK poker sites are granted licenses by the
Gambling Commission. To check if the site you want to play at has a license, simply
enter the details here [1] and perform a search on the name.
Do I have to pay tax on my
online poker winnings?
"Great news for the card sharks. There's no tax to play on your
online poker winnings!"
Good news here too. There is no tax due on your online poker
winnings in the UK. We used to think the ruling came down to whether your online
gambling activity constituted a full-time profession (in which case you'd owe), but a
case cited by HM Revenue and Customs [2] found even the full-time gambler should be
exempt of tax on his or her winnings.
What counts as illegal activity when playing
online poker?
It is illegal to falsify your identity or create fake accounts at an
online poker website, and thus potentially benefit from a promotion multiple times.
Cases such as this have been tried and prosecuted. It is also illegal to collude with
other players in rigging an online poker game or tournament.
In terms of banking
practices, it should go without saying that all funds deposited must be the property of
the player.
Who protects UK online poker players online?
The Gambling Commission is
responsible for making online poker safe and secure for UK players. All sites awarded
licenses from the Gambling Commission have to meet a high standard of
requirements.
Role of the Gambling Commission
The Gambling Commission in classed as an
"independent non-departmental public body"[3] tasked with regulating all real money
gambling in the UK. It was launched at the behest of the Gambling Act of 2005 and is
funded by the UK government's Department for Culture, Media and Sport.
When it comes to
online poker, the Gambling Commission regulates all sites that serve UK residents. Up
until 2014, it was only required that UK-based poker sites held UK licenses, but a new
law [4] has now been passed to require overseas sites serving the market to hold a
Gambling Commission license as well. The passing of this law, the Gambling (Licensing
and Advertising Act), has huge ramifications for the large number of poker sites who
attract UK players from a base in another country.
How do online poker sites get a UK
license?
There is an application process in place for the owners of online poker sites
to apply for a Gambling Commission license. The application approval process takes into
account such factors as financial means, "competence", existing criminal records and
"integrity", in deciding whether to grant a license or not.
"All poker sites serving
the UK must be granted a license from the Gambling Commission."
What power does the
Gambling Commission have?
The Gambling Commission has complete power when it comes to
regulating online poker websites that serve UK players. They monitor approved providers
regularly to ensure the terms of their license are being met, and have the power to
issue penalties and even revoke licenses if the owners of an online casino fail to meet
the criteria.
The Commission also controls which online casinos can legally advertise
in the UK market. Only those with current licenses are allowed to promote themselves to
the public, meaning that online poker lovers should be steered solely towards sites
that are operating within the requirements.
Is online poker software regulated in the
UK?
Yes it is. There are technical software standards [5] that must be met by all
licensed software used to run online poker games for UK players. Software providers
must prove their technology delivers fairness and adhere to the stipulations
within.
"Put a foot wrong and an online poker site will lose its license in a
heartbeat."
UK poker law resources
UK vs. USA Online Poker Laws
In the UK it's
completely legal to play online poker if you're 18 or over. In the USA, however, it's
only legal to play online poker if you live in one of the three states that have passed
legislation to that effect, being New Jersey, Delaware and Nevada. That leaves 47
states with no legal online poker, and makes the UK a far more accommodating place for
the online poker fanatic.
At the moment many of the most exciting and trustworthy poker
sites on the internet are being run in the UK.
UK vs. Europe Online Poker
Laws
Commercial online poker is legal in major Europe countries such as France, Spain,
Germany and Italy, with big profits being made and the industry growing at a rapid
state. Not all countries benefit from such stringent licensing laws as the UK, however,
so it may prove a more risky exercise accessing sites from other countries.
Game by
game guide
Online poker can be played legally by all those aged 18 or over
Poker
tournaments online can be legally entered by UK residents
Real money poker can be
accessed legally using desktop and mobile devices
[1] Gambling Commission, 'Find
Licenses' - //secure.gamblingcommission.uk/[...]/PRSearch.aspx
[2] HM Revenue &
Customs, 'Meaning of trade: exceptions and alternatives: betting and gambling - the
professional gambler' - http://hmrc.uk/[...]/bim22024.htm
[3] Gambling Commission,
'About Us' page - http://gamblingcommission.uk/[...]/About-us.aspx
[4] Gambling
Commission, 'Gambling' (Licensing and Advertising Act) -
http://gamblingcommission.uk/[...]licensing-and-advertising-act.aspx
[5] Gambling
Commission, 'Remote gambling and software technical standards' -
http://gamblingcommission.uk/[...]technical-standards.pdf
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