The island community of Alderney is an autonomous self-governing entity
situated off the coast of the United Kingdom; similar in establishment to the
Isle of Man, Alderney is able to establish its own tax laws and has its own
legislative body but relies on the UK for representation abroad and for military
protection.
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Long known as a tax haven, Alderney has developed itself into a welcoming
home for online gaming and gambling operators looking to benefit from the tax
breaks and also the burden of regulation that is sweeping other jurisdictions.
The UK Gambling Commission has Alderney listed on its White List which has
highly important repercussions for operators choosing to base themselves there.
The White List is an approved list of non-UK gambling jurisdictions which is
used to determine whether an operator can advertise their services in the UK; if
you are an operator located in a White List territory then you can advertise
your casino or website but if you are not situate in a White List territory then
you may not. The White List prevented online casinos from accepting play due to
recent legislation enacted in September 2008; suddenly, notable gaming
jurisdictions suddenly found their operators could not promote themselves in the
UK which severely curtailed their businesses and led to fears that their gaming
economy would collapse - Alderney as one of only three non European Economic
Area jurisdictions to be on the White List (Tasmania and the Isle of Man being
the other two) suddenly found itself in the position of being able to offer
operators a major competitive advantage if they based themselves there.
Practically, the Alderney Gambling Control Commission was created in
2000 due to the enactment of The Gambling (Alderney) Law 1999 and in 2006, a new
set of provisions was enabled to deal with the issuance of e-licenses to cover
online poker, casino, lottery and sports book type operations. There is an
annual fee of GBP 70,000 and the operator applying for the licence must bear the
cost of all investigations which need to be carried out to demonstrate
suitability and fitness to hold the licence which requires a deposit of GBP
10,000 to be lodged with the Commission. All gaming systems are required to
submit to and pass compliance testing which falls to the account of the
licensee.
A further development was the 2006 introduction of Restricted Use eGambling
licenses which allow the use of mirrored sites within the Alderney jurisdiction
while the main part of the operation is actually located elsewhere. This allows
operators to establish facilities which can provide resiliency in the event of
disaster (so called disaster recovery in IT terms) and also provide an insurance
against legislative restrictions being imposed on the jurisdiction where the
main operation is actually situated. The operator simply needs to pay a daily
licensing fee whenever they require to utilize their Alderney based resources
and they may also convert to an eGambling Licence if they need to operate for an
extended period of time.
One particular point to note is that Alderney operators are able to accept
bets from players within the United States where online gaming is effectively
outlawed. The Alderney Gambling Commission voted in 2005 to accept that a free
market approach to the development of the gaming industry was to be followed and
that the extra territorial nature of the ban on online gaming by the United
States was ineffective in the Alderney jurisdiction.