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The decision is not yet legally binding, with a further opportunity to appeal the denial of ‘leave to appeal’ open to the applicants. This will be reviewed by the Federal Administrative Court of Leipzig.

In his original complaint, Braun also cited a study that found that nearly half of respondents were thinking of using illegal gambling services due to legal restrictions. 

In recent weeks, German authorities conducted a crackdown on an alleged illegal online gambling operation suspected of facilitating wagers totalling approximately €5.86 billion over a 30-month period.  

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UK operators already carry out enhanced checks on politically exposed persons (PEPs), but this case shows the limits of those safeguards, Bethan Lloyd, partner at law firm Wiggin, recently told iGB.

“PEP status does not prevent someone from gambling,” Lloyd explained. She said PEPs are entitled to bet, but not on events where inside information gives them an unfair advantage.

A low ranking MP or parliamentary aide is unlikely to meet the threshold for PEP status. She argued it would place an onerous burden on operators to verify every customer’s occupation.

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It is a philosophy that sits within a broader shift in the industry’s approach to the illegal market. Domain blocking remains important, but regulators are increasingly looking at payments, advertising, affiliate and acquisition channels and cooperation across jurisdictions.

For example, on the role of pirate sports streaming in driving traffic towards illegal gambling, while regulators in markets such as Turkey are confronting large-scale unlicensed activity. The more fragmented and technically sophisticated the illegal market becomes, the more important the intelligence behind enforcement is likely to become.

Madsen knows from experience how difficult it can be to escape gambling when access remains readily available.