Gaming & Betting

Gaming & Betting

Gaming and betting, particularly fixed-odds betting known as “Bets,” are gaining popularity in Brazil. This growth can be seen in advertising campaigns, football sponsorships, and discussions about regulation and compliance. Legalized by Laws No. 13,756/18 and No. 14,790/23, Bets encompass real sports-themed events and virtual online gaming events.

The new regulation has demanded the presence of specialized professionals in various areas of law to assist in implementing legal requirements. Souto Correa, in response to this need, has a multidisciplinary team offering full-service expertise to meet the diverse legal demands involving the gaming and betting sector, including:

Regulatory & Compliance

  • Guidance on applicable laws and regulations for the gaming and betting sector, both nationally and internationally.
  • Assistance in obtaining licenses at federal, state, and municipal levels for fixed-odds betting operations.
  • Ongoing consultancy and interface with industry agents and regulatory bodies, as well as with the Federal Congress.
  • Development of compliance programs to ensure operations adhere to current laws and regulations.

Compliance & Corporate Criminal Law

  • Development and implementation of integrity programs for betting operators, football clubs, other sports, and sports associations.
  • Development of anti-money laundering policies and staff training to comply with Coaf and regulatory agency standards.
  • Creation of policies, procedures, and training to prevent match-fixing and other frauds.
  • Conducting and/or supporting internal investigations to uncover fraud.

Tax

  • Efficient tax structuring to minimize tax burden.
  • Ensuring all tax obligations are correctly fulfilled.
  • Representation in tax and administrative disputes.

Intellectual Property

  • Registration and protection of trademarks, patents, and copyrights.
  • Assistance in negotiating and drafting software and technology licensing agreements.
  • Consultancy for game and content production companies, as well as live game studios, regarding intellectual property issues.

Contracts & Negotiations

  • Drafting commercial contracts, including partnership agreements, supply contracts, and technology contracts.
  • Representation in complex negotiations to secure the best possible terms for clients.

Litigation & Arbitration

  • Representation in judicial and arbitration disputes related to the sector.
  • Facilitation of mediations to resolve disputes amicably and efficiently.

Technology

  • Guidance on compliance with data protection laws, such as Brazil’s LGPD (General Data Protection Law).
  • Advisory on cybersecurity issues to protect sensitive information and prevent fraud.

Marketing & Advertising

  • Guidance on rules and regulations governing the advertising of games and betting.
  • Code of conduct and dissemination of best advertising practices.
  • Assistance in negotiating and drafting sponsorship and advertising partnership contracts.
  • Defense of interests before the National Advertising Self-Regulation Council (Conar).

Payments & Fintech

  • Advisory on implementing secure and efficient payment solutions.
  • Ensuring compliance with financial and payment regulations.

Social Responsibility & Responsible Gaming

  • Development and implementation of responsible gaming programs and prevention of pathological gambling disorders.
  • Advisory on corporate social responsibility initiatives to enhance the company’s image and reputation.

Corporate

  • Advisory on the establishment of operating companies in Brazil.
  • Assistance in drafting and negotiating corporate instruments such as Joint Venture Agreements and Shareholders’ Agreements to regulate the relationship between Brazilian shareholders holding at least 20% of the capital and foreign companies.
  • Corporate governance structure compatible with the complexity, specificity, and risks of the business.

Consumer

  • Defense of interests before consumer protection agencies (Senacon, Procons’, Public Prosecutor’s Office).
  • Institutional relationship with Senacon, Procons’, and Judiciary bodies.
  • Customized consultancy to the client’s business model, focusing on compliance with consumer law.
  • Drafting and reviewing Terms and Conditions, Terms of Use, and similar documents in B2C and B2B relationships.
  • Defense in low and medium complexity judicial processes, as well as strategic judicial processes involving consumer law issues at all instances.
I'm a subscriber
I'm a subscriber