jeune homme tres content d'avoir gagné à la loterie

Selling bets in 2023: is it really legal?

Selling betting tips is a popular activity for sports fans and gambling enthusiasts. In many countries, sports betting is regulated and closely monitored by the relevant authorities. More and more bettors are looking to maximise their profit through membership of groups, clubs, VIPs, at a premium, sometimes boasting that they are the best in the business.

Current laws on sports betting in France

En France, les paris sportifs sont réglementés par la loi et sont soumis à des règles strictes en matière d’autorisation et de fonctionnement. La loi, à ce sujet, en France est principalement définie par l’article L. 322-1 du Code des sports. Cet article stipule que seuls les opérateurs autorisés peuvent proposer une offre de paris sportifs et horse races on French territory.

un pronostiqueur content de sa vente de pronostics
Selling bets: who are the real winners?

The National Gaming Authority (ANJ) is responsible for the authorisation and supervision of sports betting activities in France. Online betting operators must hold a licence issued by the ANJ to operate in France.

It is also prohibited to promote gambling in France, including sports betting, unless authorised by the ANJ. Aggregate operators must therefore comply with French regulations in order to be legally permitted to operate in France.

The sale of sports predictions: between opportunity and legal ambiguity

In France, therefore, sports betting is allowed, but there are restrictions on advertising and marketing of betting tips. This raises the question of whether betting services can be sold in France, and whether there are restrictions on how they can be sold.

There are laws such as the Online Gaming and Betting Code, which set out the conditions under which companies can operate in France. In general, companies must be licensed by the National Gaming Authority to offer online betting, and they must follow the strict rules that govern online betting activities.

As far as betting is concerned, it seems very opaque as 95% of the bettors are losers, it would be very rare to come across a profitable bettor and even rarer if he wants to share his betting opportunities with his community.

Towards a clarification of the situation

In France, the promise of winning is forbidden, which means that if a tipster offers you his services by promising to win money, then this practice will be considered as a way to increase his chances of winning. This is nowadays inconceivable in the eyes of the French authorities, and past performances do not reflect the future. However, there are some exceptions such as sports analysis, where forecasters will charge you for access to private information or high quality editorial content.

It is also important to note that these prognosticators are under a sentence of Article L121-4 of the Consumer Code since it is expected that :

shall be deemed to be misleading within the meaning of Articles L. 121-2 and L. 121-3, commercial practices whose purpose is: [...] 15° To claim that a product or service increases the chances of winning at games of chance;

Legifrance.gouv.fr
vente-de-pronostics-illégal
The promise to win is illegal!

Forecasters who promise to make you rich by subscribing to their forecasting service are therefore illegal. They can only show you their performance, and you can judge whether it is good enough to last.

It is therefore important to be cautious when offering your sports betting services in France. If you wish to enter this market, it is advisable to seek advice from a lawyer specialising in online gambling law to ensure that you comply with the regulations and laws in force.

It should be noted that gamblers do not risk anything by subscribing to the services of "professionals" since they are considered victims here. However, there are very few convicts and many victims. As the Pronoclub case is an exception to the non-convictions, we will have the pleasure of writing an article on this subject in the near future.

In conclusion, although the sale of sports betting tips is a constantly evolving market in France, it is important to comply with the regulations and laws in force to avoid any legal problems.

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