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K-GAMES and KOCCA release report on overseas gaming regulations

Policy & Regulation·January 02, 2024, 3:01 AM

The Korea Association of Game Industry (K-GAMES) – the body responsible for overseeing and nurturing the country’s successful gaming industry – released its 2023 Global Game Policy and Legislation Study on Tuesday (KST) in collaboration with the Korea Creative Content Agency (KOCCA).

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Photo by Tingey Injury Law Firm on Unsplash

The report summarizes gaming-related regulations and laws in six Western European countries – the United Kingdom, Germany, Belgium, the Netherlands, Spain and France – including those on standard terms and conditions, the protection of minors, personal privacy, payment and more.

 

"Through cooperation between public and private sectors, we have been able to achieve tasks like collecting information and securing databases on overseas gaming markets by country and continent," said Kang Shin-chul, President of K-GAMES. "We will continue to contribute to the development of the domestic game industry," he added.

 

Regulatory landscape

The study found that operators in the specified countries are not required to obtain special licenses, appoint local representatives, or set up servers in order to operate a gaming business in their respective countries. It also details country-specific requirements, such as in Germany, where the use of content that glorifies or justifies Nazi-related symbols or actions is prohibited.

 

A closer look at Belgium’s stance

Interestingly, the report revealed that the regulation of randomly distributed in-game items varied by country. The UK, Germany, Spain, the Netherlands and France have no legal restrictions on such items, but the UK and the Netherlands have recommended that information on the odds of winning them in games of chance should be disclosed before a player obtains or opens an item.

 

Meanwhile, Belgium has implemented a regulation that prohibits paid games of chance for stochastic items altogether due to its laws regarding gambling. However, there are no regulations on Play-to-Earn (P2E) games unless they constitute gambling, which is also true of the other five countries. Minting game items into NFTs is also not subject to oversight in all six nations unless they are considered financial instruments.

 

There are also no standard terms and conditions set by Belgium’s national government for gaming services, which are instead governed by the European Union’s (EU) General Data Protection Regulation (GDPR).

 

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Sep 20, 2023

Korean Crypto Expert Claims NFTs and Security Tokens Shouldn’t Be a Priority for Investors Yet

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HeyBit to Cease Virtual Asset Deposit Services in October

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Policy & Regulation·

Dec 05, 2024

Indian government claims Binance isn’t tax compliant

According to India’s Finance Ministry, Binance and a number of other virtual asset service providers (VASPs) are not tax-compliant in India. Cases of tax evasion detectedNews of this matter emerged via written answers, published on Dec. 2, provided in response to parliamentary questions which had been put to India’s Finance Minister, Pankaj Chaudhary. The minister confirmed that a “few cases of evasion of Goods and Services Tax (GST) by cryptocurrency exchanges and investors” had been detected. The document goes on to list 17 crypto entities who are currently being investigated on that basis, with Binance being the most well-known among them. Notable Indian exchanges listed include WazirX, CoinDCX and CoinSwitch. Chaudhary included details of cases booked against these exchanges. In Binance’s case, it was required to pay 722 crore Indian rupees, which amounts to around $85.2 million. While Binance doesn’t appear to have incurred penalties, in the case of WazirX, the exchange had an assessed tax shortfall of 40.51 crore Indian rupees ($4.78 million), but after fees and interest, it was provided with a demand for 49.19 crore Indian rupees ($5.8 million). CoinDCX and CoinSwitch were also assessed with a demand for 20.86 crore Indian rupees ($2.46 million) and 19.38 crore Indian rupees ($2.28 million), inclusive of penalties and interest. In the case of WazirX, CoinDCX and CoinSwitch, the exchanges have had to pay an additional 21%, 24% and 37% respectively in fees and interest over and above their original tax liabilities.Photo by Naveed Ahmed on UnsplashPrevious tax and regulatory issuesTo date, the Finance Ministry has recovered 122.3 crore rupees ($14.4 million) as part of these investigations. Binance has as yet not paid the funds demanded by the authorities. It emerged in August that India’s Directorate General of Goods and Services Tax Intelligence (DGGI) had imposed an $86 million tax demand on the company, with Binance contesting the assessment. The global crypto exchange platform had previously paid a $2.5 million fine for having engaged with Indian customers despite not having been approved by the authorities to trade within the country. After a number of months during which it didn’t trade within the Indian market, in August Binance regularized its standing and gained approval to trade. In a request for comment on the matter from Cointelegraph, a Binance representative stated: “We continue to work closely with regulatory authorities and attend necessary hearings to address any concerns and questions. Binance remains responsive and cooperative and is committed to addressing all necessary tax inquiries.” The company recently hired UK-based accounting and business advisory firm Grant Thornton to assist with accounting, tax and audit preparedness. In the case of WazirX, a spokesperson said that “GST law on cryptocurrencies was not clear in India,” and that on this basis, the company found itself being assessed for non-payment of the applicable taxes.

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