Dr. Nik Sarafi

Dr. Nik Sarafi studied law and passed the Second State Exam before the Higher Regional Court of Frankfurt am Main. He completed his traineeship at the Darmstadt Regional Court, including stints at a major law firm in Frankfurt and at the main public prosecutor's office for commercial criminal matters in Frankfurt am Main. There he dealt with money laundering and corruption. At the same time, he completed his doctorate at the Institute of Criminal Sciences under Prof. Dr. Dr. Neumann with distinction as Doctor of Law (Dr. jur.). In addition, he completed further training as a TÜV-certified data protection officer and data protection auditor.

At the age of 18, he founded his first IT company. Since then, he has also supported software and web projects on the development side. This practical experience flows into his legal work, in particular when it comes to questions at the interface of technology, data protection and contract drafting.

One focus of his work is advising and representing public figures, in particular influencers and media professionals, in public and press law. He supports clients in advance of critical reporting, answers media inquiries and conducts court proceedings to enforce or defend claims for injunctive relief and compensation.

He also advises entrepreneurs and companies on IT law issues as well as on technology, data protection, copyright and trademark law. In doing so, he combines legal review with a view of technical processes and the respective business model.

Another focus is gambling law, including criminal defense in criminal gambling law. His clients include major international online casino providers. He advises on regulatory, criminal and strategic issues relating to the German gaming market and represents providers, advertisers and players before administrative and criminal courts and before public prosecutors. This also includes proceedings relating to measures taken by the Joint Gaming Authority of the Länder (GGL), in which he has obtained several court decisions.

In January 2024, the Halle public prosecutor's office closed hundreds of investigations against gaming providers. Dr. Sarafi had previously submitted a detailed legal statement, the reasoning of which was incorporated into the reasons for the dismissal. The focus was on legal issues relating to the criminal complaints filed by the Joint Gaming Authority of the Länder.

In 2025, Dr. Sarafi was invited as an expert to a hearing in the Saxony-Anhalt state parliament to comment on current developments in gaming law.

monograph

• The legal interest as a legitimate purpose in criminalization in the rule of law and the state obligation to decriminalize, Hamburg 2019.

Technical papers

• Des Pudels Kern der Entscheidungen von BGH, LG Bonn und LG Erfurt – der Ball ist beim EuGH! (mit Univ.-Prof. Dr. iur. Christian Koenig), ZfWG 2024, 316–321.
• Die Dienstleistungsfreiheit im Kontext des Glücksspielstaatsvertrags 2021, ZfWG 2023, 503–508.
• Ultra posse nemo obligatur – Verwaltungsvollzug durch Payment-Blocking? (mit Univ.-Prof. Dr. iur. Christian Koenig und Krisztina Mezey), ZfWG 2023, 220–225.
• Der problematische Umgang mit Präjudizien im Glücksspielrecht, ZfWG 2022, 415–418.
• Spielerklagen im Kontext der Schwarzarbeit-Rechtsprechung des BGH, ZfWG 2022, 149–153.
• Decision of the ECJ, March 18, 2021 — Fluctus Fluentum or also: The judicial obligation to examine individual cases, NvWZ 2021, 1049 (by Sarafi's note).
• Die Kriminalisierung des Glücksspiels durch die §§ 284 ff. StGB unter strafverfassungsrechtlichen Gesichtspunkten, ZfWG 2019, 469–474.

Selected technical papers on ISA Law

• Criticism of the opinion of the Joint Gaming Authority of the Länder (GGL) on the approval of the SCHUFA-G query method for testing economic performance, 08.03.2025.
• Secret agreements, mischanneling, incoherence and arbitrariness: The German State Treaty on Gaming fails across the board, 07.03.2025.
• The risky game over higher GlüStV 2021 betting limits as reflected in the Lüneburg Regional Court ruling and the consequences of Union, civil and administrative law, 02.07.2024.
• Classification of the opinion of the Federal Bar Association (BRAK) dated March 28, 2024 on the imminent decriminalization of Sections 284 et seq. StGB, 30.03.2024.
• The risky game over higher betting limits set by GlüStV 2021 in light of the coherence case law of the ECJ, 06.02.2024.
• Statement on the criticism expressed by various associations against the plans of the Federal Minister of Justice to abolish the criminal offences of Sections 284 et seq. StGB, 05.01.2024.
• On the question of the legality of house searches in criminal gambling law investigations: A critical analysis of the practices of public prosecutors and criminal judges, 29.12.2023.
• Paternalism in gambling and its consequences using the example of suspected money laundering reports by banks — When criminal laws do more harm than protect, 2023.
• Who washes better? — The alleged dangers of online gambling, 28.12.2022.
• Advertising in gambling using influencer marketing, 15.12.2022.
• 007 — The license to play, 03.11.2022.
• Decision meeting VG Cologne, decisions of March 1, 2022 (6 L 1277/21 and 6 L 1354/21) and the effects on German gaming law, 21.03.2022.
• The concession process remains at an impasse, 09.03.2022.
• Licensing process in a dead end, 26.02.2022.
• Addendum to the article “Die Spielerklagen”, 21.09.2021.
• Die Spielerklagen, 13.09.2021.
• The secret lodge of the states — or “The Gaming College”, 02.02.2021.
• Time of parole? Not at all! , 18.12.2020.
• The circulation decision — After the party comes the hangover, 06.11.2020.
• The circulation decision and other rumors, 23.10.2020.
• The slow lotto, 05.09.2020.
• The new State Treaty on Gambling — Quo vadis? , 31.08.2020.
• The new State Treaty on Gambling — Cui bono? , 03.08.2020.

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