Term and Definition of Zahlenlotto
Zahlenlotto is a specific form of gambling in which participants hope to win a lottery by selecting a certain number of numbers. It is classified as a numbers lottery and represents a traditional form of gaming in Germany in particular. The legal structure of Zahlenlotto is comprehensively regulated and subject to strict requirements to ensure player and youth protection as well as to combat illegal gambling.
Legal Basis of Zahlenlotto
National Provisions (Germany)
State Treaty on Gambling (GlüStV)
The State Treaty on Gambling (GlüStV), in its current version from 2021, forms the legal basis for the organisation and brokerage of Zahlenlotto in Germany. According to § 3 GlüStV, Zahlenlotto is considered a form of gambling requiring a licence if the gambling element, namely the random mechanism and the chance of winning, is the main focus. The licensing requirement is intended to ensure that criteria such as transparency, addiction prevention, and youth protection are taken into account.
State Lottery Treaties and State Gambling Laws
In addition to the GlüStV, the individual federal states regulate Zahlenlotto through state laws and additional agreements. State monopolies of the federal states form the organisational basis. The organisation of Zahlenlotto is generally reserved for the state lottery companies (§ 10 GlüStV) and requires official authorisation from the respective state authority.
Criminal Law Classification
The unauthorised organisation or brokerage of Zahlenlotto constitutes a criminal offence under § 284 of the Criminal Code (StGB) and can be punished with imprisonment or a fine. Even participation in unauthorised Zahlenlotto can be considered an administrative offence or a criminal act (§ 285 StGB).
European Classification
At the European level, there are no harmonised regulations governing the conduct of Zahlenlotto. Member states are independently responsible for setting the legal framework. The operation of Zahlenlotto by private operators from other EU countries is also subject to national regulations and, in individual cases, may be affected by the principle of freedom to provide services (Art. 56 TFEU), although the ECJ generally grants states leeway in this regard.
Organisers and Licensing
Permissible Organisers
The organisation of Zahlenlotto is predominantly reserved for state institutions or companies acting on behalf of the state. Private providers may only operate with the corresponding concession, the granting of which is subject to strict conditions. As a rule, these are the state lottery companies in the federal states (e.g. Lotto Bayern, WestLotto).
Requirements for Granting a Licence
Granting a licence requires extensive examinations, in particular including the following points:
- Ensuring addiction prevention and youth protection
- Traceability and transparency of game conditions
- Measures for money laundering prevention
- Compliance with tax obligations
- Guaranteeing the proper payout of winnings
A licence is generally granted for a limited period of time, and its extension is subject to compliance with the requirements.
Participation and Conduct of Zahlenlotto
Conditions of Participation
In principle, only adults are eligible to participate. Minors are prohibited from participating in lotteries and Zahlenlotto pursuant to § 4 para. 3 GlüStV. Identification and age verification are regularly conducted via digital procedures when playing Zahlenlotto online. Participation is carried out by submitting a lottery ticket with selected number combinations, either online or at physical acceptance points.
Game Formats
The classic Zahlenlotto usually involves drawing six out of 49 numbers, plus an additional number (derived from the German “6 aus 49”). However, regional and international variants with different game formats exist. The winning numbers are drawn under notarial or official supervision to prevent manipulation.
Payout and Claims to Winnings
The amount of winnings depends on the respective payout plan and the numbers matched. Winnings must generally be paid out by the lottery company within a statutory period (usually 13 weeks in Germany). The claim to the prize expires after this period (§ 195 BGB – statutory limitation period).
Player and Consumer Protection in Zahlenlotto
Measures and Legal Provisions
Protection against gambling addiction and fraudulent activity is ensured by numerous regulations:
- Obligations to inform and educate participants
- Obligation to implement exclusion systems (e.g. integration into the national OASIS exclusion system)
- Limitation of participation stakes
- Measures to support prevention and assistance offers
The supervisory authorities continuously monitor compliance with these requirements; violations of consumer or youth protection may lead to the withdrawal of the licence.
Tax Treatment of Zahlenlotto
Taxation of Lottery Revenues
Lottery organisers are obliged under § 17 RennwLottG (Racing Betting and Lottery Act) to pay a lottery tax. The tax is levied as a percentage of the stakes and paid to the tax office.
Taxation of Winnings
Within Germany, winnings from Zahlenlotto are tax-free for private participants (§ 2 para. 3 EStG, § 22 no. 3 EStG). Exceptions may apply in cases of commercial participation.
Criminal and Regulatory Aspects
Sanctions for Violations
The unauthorised organisation, brokerage, or promotion of Zahlenlotto is prosecuted according to the provisions of the StGB and the State Treaty on Gambling. In addition, violations may lead to civil law consequences, such as claims for injunction and damages.
Responsibility and Oversight
Compliance with the regulations is monitored by authorities at federal and state level. They are authorised to take appropriate enforcement measures, including blocking unauthorised online services (internet blocking).
International Zahlenlotto
The principle of Zahlenlotto exists in many countries worldwide, each in accordance with its respective national provisions. Differences arise particularly in relation to the structure of organisers, tax treatment, and profit distribution. International lotteries (e.g. EuroMillions) are subject to their own set of regulations and admission requirements.
Literature and Web Links
- State Treaty on Gambling 2021 (GlüStV)
- Criminal offences under the StGB (§§ 284 ff.)
- Racing Betting and Lottery Act (RennwLottG)
- Official websites of the lottery companies
- German Federal Centre for Health Education (BZgA) – Gambling Addiction
This article provides a comprehensive analysis of the term Zahlenlotto from a legal perspective, especially considering the current legal framework and regulatory requirements in Germany and internationally.
Frequently Asked Questions
Who is legally authorised to organise Zahlenlotto in Germany?
In Germany, Zahlenlotto may exclusively be organised by the state lottery companies of the individual federal states or by institutions expressly authorised by the respective state law. The basis for this is the State Treaty on Gambling (GlüStV), which strictly regulates the licensing for carrying out number lotteries. Private or commercial operators without the corresponding concession act illegally if they organise or broker such games. The granting of licences is subject to extensive requirements, for example ensuring youth and player protection, guaranteeing transparent drawing procedures, and maintaining separate game and business accounts. In addition, organisers are subject to regular inspections by the competent supervisory authorities. Participation in or assistance with unauthorised offerings is a criminal offence and may result in significant civil and criminal consequences for players and providers.
What legal requirements apply to advertising Zahlenlotto offers?
Advertising for Zahlenlotto in Germany is subject to special legal restrictions, laid down in the State Treaty on Gambling and the accompanying advertising guidelines of federal states. Advertisements must not target minors or vulnerable persons and must always be presented responsibly. They may not be broadcast in environments that are particularly accessible to young people (e.g., at certain times on television or the internet). All advertising content must include clear warnings about addiction risks and information about counselling services. Misleading statements about the chances of winning or trivialising participation in gambling are forbidden. Breaches of these requirements can result in significant fines, prohibition of advertisements, or even revocation of the licence to organise the lottery.
What tax obligations apply to organisers and winners in Zahlenlotto?
Organisers of number lotteries in Germany are legally required to pay a lottery tax of 16.66 percent on all stakes. This obligation is stipulated in the Racing Betting and Lottery Act. Payment of this tax is made directly by the lottery company. For winners, the rule is: winnings from officially licensed Zahlenlotto are exempt from income tax under § 4 no. 9 letter b VAT Act (UStG). However, secondary effects may arise, such as if the winnings earn interest or are given away as gifts — these subsequent transactions may then be taxable. For lotteries without a state concession, this tax exemption does not apply, and participants risk additional criminal and tax consequences.
How are players’ rights protected in Zahlenlotto under the law?
Within the legal framework, players’ rights in Zahlenlotto are specifically protected through obligations of transparency, information, and data protection. Before entering into a contract, organisers must provide comprehensive information about the terms of participation, the drawing procedure, odds of winning, exclusion periods, and payment modalities. The draw itself is subject to strict legal requirements regarding the conduct and supervision, so manipulation or fraud is largely excluded. The processing of participants’ personal data is strictly governed by the General Data Protection Regulation (GDPR) and supplementary national regulations. In case of disputes, such as payment of winnings, participants have recourse to the civil courts. Violations by providers can, in the worst case, lead to claims for damages by players.
What age restrictions are legally required for Zahlenlotto?
According to the State Treaty on Gambling, participation in Zahlenlotto is strictly limited to persons at least 18 years old. Organisers are obliged to implement effective age verification mechanisms, both in physical outlets and online. This includes presenting identification documents on-site or using electronic identity checks online. Breaches of these regulations are considered administrative offences or even criminal acts and can be penalised with fines or licence withdrawal. Furthermore, parents who knowingly enable their underage children to participate may also be held liable.
Is the claim to winnings in Zahlenlotto subject to a limitation period?
Yes, the claim to winnings in Zahlenlotto in Germany is subject to a statutory limitation period, which is determined by the terms and conditions of the respective lottery company, but generally amounts to three years. This period begins at the end of the year in which the draw took place and the winnings could have been claimed. Once the period expires, the claim is irrevocably forfeited, and the winnings remain with the lottery company, usually for charitable or non-profit purposes. There is no further possibility to enforce the win through the courts. Lottery providers are required to communicate these conditions transparently and clearly.
What legal requirements apply to the drawing and publication of winning numbers in Zahlenlotto?
The drawing of winning numbers in Zahlenlotto is subject to detailed legal and regulatory requirements to ensure transparency and protection against manipulation. The draw must be conducted under notarial or official supervision or with other suitable security measures. The technical devices used are subject to regular inspections, and the procedures must be comprehensively documented. The publication of winning numbers must occur promptly, transparently, and be freely accessible to all participants, usually via websites, newspapers, and notices in acceptance points. Any delays, errors, or manipulations in publication or drawing may lead to legal consequences, such as claims for damages or regulatory measures.
