Google Answers Logo
View Question
Q: Definition of a Game of Skill Under Danish Law ( Answered,   1 Comment )
Subject: Definition of a Game of Skill Under Danish Law
Category: Business and Money
Asked by: esher-ga
List Price: $200.00
Posted: 23 Aug 2005 13:13 PDT
Expires: 22 Sep 2005 13:13 PDT
Question ID: 559386
i'm looking for the definition under Danish law of a "game of skill"
(as opposed a game of chance). in answering this question i'm after
the following answers as well;
-the definition of a game of chance
-the governing body of gaming in Denmark
-any interesting links to other resources on the subject,examples or case law 

research is quite easy but high amount is posted for a quick answer.
Subject: Re: Definition of a Game of Skill Under Danish Law
Answered By: blazius-ga on 24 Aug 2005 04:49 PDT
The Danish legislation relevant to gaming does not distinctly define
"games of skill" and "games of chance".  "Hasard" and "hasardspill"
(danish for "game of chance") are referred to in several acts, most
notably the Danish Criminal Code of September 30th 2003, whose § 203
prohibits games of chance that are not explicitly permitted by other
legal provisions (

However, The Danish Ministry of Taxation's web site has a web page
that summarises the current Danish gaming legislation
( , section
4.1).  This web page defines games of chance as "traditional games
whose prizes are of more than an insignificant economic value, where
the outcome depends nearly exclusively on chance, and where
participants are required to pay a bet".

Consequently, a "game of skill" would be a game where the outcome
depends on more than just chance.  The first Danish law that
prohibited gambling (a Royal Decree of 1753) did permit "kunstspil"
("games of skill"), defining those as games where the outcome depended
on the participants' "knowledge, experience and address" (the meaning
of "address" is a bit unclear, but presumably refers to the
participant's "social skills". 
( , section

A Eastern High Court decision of 1975 stated that games such as
"Tennessee-Hold-Me Poker" is a game of chance, even if the players may
use their experience, skill and mathematical methods to play better
than less skilled opponents.  The possible advantages of skill and
experience were ruled to be of such a limited value that the game
could not be considered a game of skill.  A 1962 ruling by the same
court stated that games of chance are illegal even if the bets are
very low, if the person in charge of the games earns a profit.  A
similar 1977 decision stated that "one-armed bandits"/"fruit machines"
provided by a closed club were illegal even if the prizes were paid in
tokens that could only be used for payment of goods within the club,
notwithstanding that all profit from the machines went back to the
club members.

The Danish governing body of gaming is Spillemyndigheten ("the gaming
authority").  It is an office within the Central Customs and Tax
Administration, reporting directly to the Customs and Tax Director. 
Its website is at
(Danish only).

Additional Resources:

The Danish law firm Lexiadvokaterne has a web page discussing gaming
law (, in Danish only). 
The page refers to several decisions in Danish courts, such as the
three mentioned above.

"Spil i fremtiden - overvejelser om en samlet spillelovgivning" ("The
Future of Gaming in Denmark - the need for unified gaming
legislation"), a report published by the ministry of Taxation in April
2001 (includes the summary of Danish gaming legislation referred to in
the 2nd paragraph above) (Danish) (summary in English)

"Betænkning om spil på forlystelsessteder, i restaurationer og
foreninger" ("Reflections on gaming in places of entertainment,
restaurants and clubs"), published by The Danish Ministry of Justice
in 1997) (Danish only)

"Danish legislation regarding on-line gambling", published by the
Danish law firm Lett, Vilstrup & Partners (English only)

Decisions by the Danish Gaming Committee (only two summaries are published so far):
(Danish only)

The legal basis of the Danish gaming authority:
(Danish only)

Danish law firms working with gaming law (listings in the HierosGamos
Legal Directory):

DLA Nordic|Law

Bech-Bruun Dragsted|Law

I hope this information is helpful to you.  According to your request,
I have given priority to providing you with a quick answer and have
not delved into all the possible resources I found during my research.
 I will continue working with a few leads (that are less likely be
useful), and will post any additional information here when I locate

If you would like me to work further with any particular part of this
matter, please tell me in an answer clarification request, and I?ll do
my best to supply you with the information you need.

Search terms used on Google:
danmark spil OR hasard lov OR lovgivning
denmark OR danish gaming legislation OR law
afgørelse OR afgørelser spil OR hasard OR lykkespil

Request for Answer Clarification by esher-ga on 05 Sep 2005 01:21 PDT
Blazius thanks for the answer. Could you clarify whether given games
of skill are not specifically defined under danish gaming law that
their is no other permissions required to operate one?

Clarification of Answer by blazius-ga on 05 Sep 2005 02:00 PDT
You do not need a permission to arrange a "true" game of skill, e.g. a
sports competition.  Winnings in games of skill would normally be
taxable, though - requiring the organiser to verify the player's
identity and reporting any winnings to the tax authorities.

There is no official list classifying games into the "skill" or
"chance" categories.  If you wish to find out if a particular game
will be regarded as a game of skill or a game of chance, I suggest
contacting Spillemyndigheten (for a free answer) or one of the law
firms suggested in the answer (if you for some reason do not wish to
reveal your identity to the gaming authorities).
Subject: Re: Definition of a Game of Skill Under Danish Law
From: gamesnet-ga on 04 Sep 2005 22:20 PDT
see Terminology

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  

Google Home - Answers FAQ - Terms of Service - Privacy Policy