Betting

In Switzerland, betting is essentially forbidden under the Federal Lotteries and Commercial Betting Act (Lotteries Act, LA; SR 935.51). However, by way of exception cantonal law may permit "tote" (totalizator) betting on sporting events held within the canton in question.
The Swisslos and the Loterie Romande organize sports tote betting (Toto-R and Toto-X) as well as the bookmaking game Sporttip, which has fixed odds, throughout Switzerland. In French-speaking Switzerland, Loterie Romande offers Pari Mutuel Urbain (PMU) betting on horse racing in Switzerland and abroad.

The Lotteries Act forbids betting only if it is organized as a commercial enterprise (Art. 33 LA). The Lotteries Act does not describe in greater detail exactly what constitutes a commercial enterprise. Put simply, however, betting can be described as organized on a commercial basis if it takes place for the purpose of generating earnings, i.e. it provides a source of income for the organizer.

From the opposite perspective, the above provision means that offering, acting as an agent for and entering into bets on sporting events is permitted as long as no commercial aims are being pursued and the event is limited with regard to its duration and the persons participating in it. Office staff running a sweepstake or book on World Cup matches, or a private bet (e.g. between relatives, friends or acquaintances) on the outcome of an ice hockey game, are therefore permitted, for example. If there is any doubt about whether or not a particular betting scheme is lawful, we recommend contacting the competent cantonal authorities or the supervisory authorities at federal level to establish if a specific event is subject to the Lotteries Act and, if so, if a permit for it is necessary or obtainable.

The Lotteries Act (Art. 34 LA) provides for cantonal law to permit acting as an agent for and placing bets on a tote on a commercial basis in the case of sporting events that are held within the canton in question. This would cover, for example, White Turf horse racing on the frozen lake at St. Moritz or race meetings at Dielsdorf, Avenches, etc. The particular feature of tote betting is that the organizer redistributes the total value of bets placed (possibly less his own expenses) among those who have taken part. The money is divided among those who have betted correctly on the outcome of the event, in accordance with variable odds laid down in a schedule of winnings.

Betting via the Internet is essentially subject to the same conditions as conventional betting. For example it is, in principle, forbidden to advertise unauthorized Swiss or foreign betting schemes in Swiss print, radio or TV media or on banners in sports stadia, etc. Meanwhile, case law in the Swiss courts to date has permitted simply placing a bet with such schemes via the Internet or mobile phone, for example.

Ultimately, information that is issued by federal or cantonal governments on points of law is not binding on criminal prosecution or judicial authorities at either federal or cantonal level. Under the terms of the Lotteries Act, the latter alone are responsible for the final rulings on breaches of the Act (Art. 47 LA).