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Compliance Updates

Swedish Court Rejects Mr Green Appeal Over €3.1M Fine

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The Administrative Court in Linköping has rejected Mr Green’s appeal against a sanction for breaches of the Money Laundering Act and Gambling Act.

The gambling regulator Spelinspektionen had issued Mr Green with two warnings and fines totalling SEK31.5m (€3.1m) in August due to breaches of know-your-customer (KYC), anti-money laundering (AML) and responsible gambling rules.

The Administrative Court has ruled that Mr Green’s routines on money laundering were lacking and that it violated the Money Laundering Act’s rules on customer knowledge. It found that the two warnings issued by Spelinspektionen were “sufficient” and the penalty fees “proportionate”.

The largest fee of SEK30m relates to breaches of the operator’s duty of care on responsible gambling. A second warning and related penalty of SEK1.5m were issued for AML and KYC failings.

Spelinspektionen launched a review of Mr Green’s AML measures after receiving complaints in November 2019. It inspected 15 customer accounts, including accounts belonging to customers that Mr Green had reported to Sweden’s financial police.

Spelinspektionen said the fact that Mr Green had reported the accounts showed the operator had suspicions about possible money laundering.

The regulator noted that one customer had made deposits totalling SEK39.3m and had lost SEK3.2m despite having a declared income that hardly covered the loss. However, Mr Green had decided not to take further action to investigate possible money laundering after the customer stopped playing.

Spelinspektionen also audited five customers due to responsible gambling measures. It found that Mr Green had attempted to contact all five by email or phone due to increases in their gambling activity but that one customer had made several deposits per day on multiple occasions and had lost more than their announced taxable income for several years.

Mr Green eventually closed these customers’ accounts, but Spelinspektionen said the operator had not made sufficient contact with them to ensure they were gambling with their own funds and doing so responsibly.

Mr Green responded that some customers suspected of money laundering had not been identified due to technical problems with a new detection system that had failed to issue warnings over high-risk customers. It said the new automated system had identified a larger number of customers than expected and had placed customers in a queue according to level of risk, resulting in delays.

It added that it was now using a better case management system to help perform risk assessments and that it has increased its number of money laundering investigators to manage the increase.

Compliance Updates

Spain’s Council of Ministers Approves New Responsible Gambling Decree

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Spain’s Council of Ministers has approved the latest royal decree on gambling, bringing 30 new responsible gaming measures into law. The Royal Decree of the Development of Safer Gaming Environments had been proposed by the Ministry of Consumer Affairs and follows last year’s decree that introduced new advertising restrictions.

The decree has a notable focus on young people aged between 18 and 25, which the ministry says are more vulnerable to inappropriate messages about gaming. However, it includes measures for all gamblers.

Measures include the definition of risk profiles based on consumer spending. A player will be considered an intensive gambler if they accumulate a net loss of €600 (€200 for those aged under 25) over three consecutive weeks. There will be a range of requirements for dealing with such players.

Operators will have to send warning messages when they detect potentially harmful behaviour and must provide a monthly summary of gaming activity. Meanwhile, they will be prohibited from sending promotional material to such intensive players and they must not include them in VIP programmes.

Players with this risk profile will also be banned from using credit cards to gamble. If at-risk players do not respond to an operator’s attempt to communicate within 72 hours, the operator must suspend the player’s account.

Meanwhile, gambling operators will not be allowed to send promotions to any people aged 18 to 25 if they have not previously interacted with the business. Younger players must also be shown a message telling them that gambling at an early age is associated with an increased risk of developing unsafe gambling behaviour.

Other measures introduce new protections for those who request safer gambling restrictions on their accounts or register on the new national self-exclusion register.

The rules are expected to come into effect in around six months. Operators that fail to comply with the new measures could be fined up to €1m and could have their licence suspended for six months.

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Australia

ACMA Blocks More Illegal Offshore Gambling and Affiliate Marketing Websites

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The Australian Communications and Media Authority (ACMA) has requested that Australian internet service providers (ISPs) block more illegal offshore gambling websites and affiliate-marketing websites.

The latest sites blocked include Casino Jax, Mirax Casino, Wild Fortune Casino, Kosmonaut Casino, Slotozen, Rolling Slots, N1 Bet Casino and No Deposit Kings.

The ACMA undertook investigations that found these sites to be operating in breach of the Interactive Gambling Act 2001.

Website blocking is one of a range of enforcement options to protect Australians against illegal online gambling. Since the ACMA made its first blocking request, 709 illegal gambling and affiliate websites have been blocked. Over 180 illegal services have also pulled out of the Australian market since the ACMA started enforcing new illegal offshore gambling rules in 2017.

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Compliance Updates

Netherlands Gambling Regulator KSA Fines Bet365 for Marketing Breaches

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The Dutch Gaming Authority (KSA) has imposed a fine of 400 thousand euros on Hillside New Media Malta Plc, a Bet365 company.

In an investigation following a broadcast of the TV programme Kassa, the KSA found that Hillside had directed advertisements and bonuses to young adults (18-24 year olds) registered with Hillside in the period from October 26, 2021 to February 1, 2022. That is prohibited. This is the third fine for a permit holder for advertising aimed at young people.

“Vulnerable groups, such as young adults, must be given extra protection. The brains of young people are still developing. As a result, they are extra vulnerable to developing gambling addiction. Gaming providers must fully respect the rules intended to protect vulnerable groups. That did not happen here and therefore this fine,” the KSA said.

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