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Compliance Updates

DGA: Three orders and two reprimands to Skill on Net Ltd for breach of the Anti-Money Laundering Act

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On April 3rd, 2024, the Danish Gambling Authority has issued three orders to Skill on Net Ltd (Skill on Net) for breaching the rules of the Anti-Money Laundering Act on risk assessment, procedures for internal control and documentation of implemented controls.

On April 3rd, 2024, the Danish Gambling Authority has also given Skill on Net two reprimands for breaching the rules on business procedures and the rules on whistleblower scheme in the Anti-Money Laundering Act.

The orders and reprimands are issued in connection with the Danish Gambling Authority’s inspection of Skill on Net’s material, which Skill on Net has prepared in order to comply with the Anti-Money Laundering Act.

 

Order for inadequate risk assessment
Order (a) has been issued because Skill on Net’s risk assessment is insufficient, as no separate risk assessment has been made of the individual identified risks associated with Skill on Net’s business model, including products and payment solutions, as well as the risk factors associated with these. Section 7(1) of the Anti-Money Laundering Act states that undertakings subject to the Act must identify and assess the risk that the undertaking may be misused for money laundering or terrorist financing. It is the Danish Gambling Authority’s assessment that the risk assessment must include a separate assessment of the risk of the individual products and payment solutions, as well as a separate risk assessment of the risk factors associated with these. Thus, Skill on Net has not complied with the risk assessment obligation in section 7(1) of the Anti-Money Laundering Act.

 

Order for inadequate business processes
Order (b) has been issued because Skill on Nets’ written procedures do not describe how, when and by whom the internal controls are monitored to ensure that the internal controls are implemented. Section 8(1) of the Anti-Money Laundering Act states that undertakings subject to the Act must have adequate written procedures, which must include internal controls. The requirement for internal control also means that checks must be carried out to ensure that the controls are implemented. Thus, Skill on Net has not sufficiently complied with the obligation to have procedures for internal control.


Order for lack of documentation for controls

Order (c) has been issued because Skill on Net has not documented that internal controls have been implemented. Section 8(1) of the Anti-Money Laundering Act states that undertakings subject to the Act must document the checks carried out. Thereby, Skill on Net has not complied with the obligation under section 8(1) of the AML Act.

 

Reprimand for inadequate business processes
Reprimand (a) is given because Skill on Net’s business procedure for establishing customer relationships until October 16, 2023 was deficient, as there was a discrepancy between the business procedure and practice. Section 8(1) of the Anti-Money Laundering Act states that undertakings subject to the Act must have adequate written procedures and that the procedures must describe how the areas are handled in practice. Thus, Skill on Net has not complied with the obligation to have sufficient written procedures for establishing customer relationships.

Reprimand (a) has been issued because Skill on Net’s business procedures up to 16 October 2023 did not take into account that customer due diligence procedures must be carried out at appropriate times, as required by section 10(1)(1)(1) of the Anti-Money Laundering Act. Thus, Skill on Net has not complied with the obligation to have sufficient written procedures for the implementation of customer due diligence procedures at appropriate times.

Reprimand (a) is also given because Skill on Net’s business procedure for politically exposed persons until 16 October 2023 was deficient, as PEP screening of customers who had not paid over a fixed defined amount was not performed on an ongoing basis. Section 18(1) of the  Anti-Money Laundering Act states that undertakings subject to the Act must have procedures in place to determine whether the customer is a politically exposed person, close associate or close business partner of a politically exposed person. Reviewing whether an established customer has changed status to politically exposed person must include all customers. Thus, Skill on Net has not complied with the obligation to have sufficient written procedures for PEP screening.

 

Reprimand for inadequate whistleblower scheme
Reprimand (b) is given because Skill on Net’s whistleblower scheme until June 2023 did not sufficiently meet the requirement for anonymity, as reporting could only be done by e-mail. Section 35(1) of the Anti-Money Laundering Act states that undertakings subject to the Anti-Money Laundering Act must have a system where their employees can report violations or potential violations of anti-money laundering legislation via a special, independent and autonomous channel. It also states that reports must be able to be made anonymously. Thus, Skill on Net has not complied with the requirement of anonymity for whistleblowers.

The Danish Gambling Authority assesses that an inadequate risk assessment as well as inadequate business procedures and whistleblower scheme may have increased Skill on Net’s risk of being misused for money laundering. The purpose of the risk assessment is for the gambling operator to have a useful tool that provides an overview and understanding of where and to what extent the gambling operator is exposed to being misused for money laundering or terrorist financing and what measures are necessary to mitigate the risks. Business procedures must be a description of the activities that the gambling operator must perform to ensure compliance with legislation and other regulations and that the gambling operator’s policies and guidelines are followed. Adequate risk assessment, business procedures and a whistleblower scheme are fundamental to the Anti-Money Laundering Act, and the seriousness of the violation has therefore led to three orders and two reprimands.

Duty to act
The orders entail an obligation for Skill on Net to act. This means that Skill on Net must, within two months, submit a revised risk assessment, business procedures for the control of internal controls, and within six months submit documentation that internal controls have been implemented.

The reprimands do not entail any obligation for Skill on Net to act, as the violations no longer exist, as Skill on Net has subsequently revised its business procedures and whistleblower scheme.

 

Compliance Updates

MGA Marks Safer Gambling Week by Hosting Focus Group on Addressing Problem Gambling

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As part of Safer Gambling Week, the Malta Gaming Authority (MGA) has launched the first in a series of focus groups aimed at addressing problem gambling and its effects on Maltese communities.

Bringing together key stakeholders such as Caritas Malta, Aġenzija Sedqa, the OASI Foundation and the Responsible Gaming Foundation, the session explored a self-assessment tool that the Authority is currently developing, grounded in recent research and industry trends.

The self-assessment tool, which will be available both in English and in Maltese, will guide individuals through a set of questions to help them identify whether gambling is causing harm in their lives. Based on the user’s responses, the tool will provide personalised recommendations and direct them to appropriate support services.

With invaluable input from organisations experienced in supporting individuals affected by problem gambling, the tool will undergo further refinement to maximise its effectiveness and relevance.

Clinical Chair at Aġenzija Sedqa, Anna Maria Vella, hailed the focus group as a “welcome initiative” which brought together a multidisciplinary team of experts.

“Working together and not in silos is always beneficial. We learn from each other to be more effective.”

Louis Bellizzi, Secretary of Caritas’ Foundation for Victims of Usury, said: “The MGA is in a unique position to coordinate the national effort to help alleviate the scourge of gambling addictions.”

In recent years, the Authority has taken significant steps to promote safer gambling practices, ranging from regular supervisory reviews on responsible gambling to enforcing stricter regulations.

The MGA closely monitors operators’ implementation of behavioural monitoring systems, self-exclusion systems and responsible marketing practices.

With a focus on high-risk areas, the Authority is refining its supervisory approach to be more dynamic and data-driven, ensuring responsible gambling practices are maintained and continuously improved to protect players effectively.

The MGA’s efforts align closely with the European Gaming and Betting Association (EGBA)’s initiative to establish a unified European standard for identifying markers of harm. The MGA is actively engaged in this initiative, working closely with fellow regulators and industry experts to create a comprehensive standard aimed at early identification of behaviours indicative of problem gambling.

The Authority’s proactive involvement in such initiatives underscores its dedication to fostering a responsible and transparent gaming sector, both locally and across Europe.

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Balkans

Serbia’s ZLF Urges Total Ban on Gambling Ads

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Serbia’s Zeleno-Levi Front (ZLF/Green-Left Front), a local green political party, is advocating for a total ban on gambling ads in the country. According to its representatives, banning all ads would be the most surefire way to protect the public from gambling harm.

The ZLF just organised the Games of Chance, Games with the Health of Citizens (Igre na sreću, igre sa zdravljem građana) forum, scrutinising the gaming industry and its negative consequences. During the forum, representatives slammed the government’s recent proposal to limit gambling ads, saying that this wouldn’t be enough.

For context, the government recently proposed a ban on gambling ads featuring prominent celebrities, mirroring similar measures in other regulated markets. For context, Serbian law currently allows professional athletes to advertise betting products, to safer gambling advocates’ dismay.

The ZLF, however, believes that its total ban would be the most effective way to minimise potential harm. During the forum, National Assembly member Biljana Đorđević noted that the ZLF had submitted a ban proposal in March but regretted that the government had not responded to the proposal or discussed the matter.

Đorđević suggested that Minister of Internal and External Trade Tomislav Momirović has been avoiding the discussion. Momirović, for context, has previously suggested reducing the visibility of gambling ads by prohibiting ads on billboards on busier roads and streets.

Echoing arguments and concerns raised in other regulated markets, Đorđević said that having celebrities promote gambling exposed children to potential danger. Since younger audiences are more easily affected by marketing, this could cause them to associate betting as a normal part of sports.

ZLF MP Marina Mijatović repeated these claims, saying that the government has so far done a bad job at protecting minors from negative exposure to gambling. While Mijatović acknowledged that Serbia cannot prohibit gambling, she noted that the ads do not need to be so eye-catching and appealing.

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Compliance Updates

Lord Allen of Kensington Appointed as the new Chair of the British Horseracing Authority

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Lord Allen of Kensington CBE is confirmed as the new Chair of the British Horseracing Authority.

As a highly experienced Chairman, and one of the most prominent business leaders of his generation, Lord Allen brings a wealth of experience to the role including in the financial and commercial sectors, Government, broadcast, international companies and global sports events.

He is due to assume his post on 1 June 2025 and will work closely with current Chair Joe Saumarez Smith in the months ahead of taking up the role to ensure a smooth transition.

Lord Allen is currently Chairman and Trustee of the Invictus Games Foundation and was Chairman of the Manchester Commonwealth Games in 2000-2003 for which he was awarded a CBE.

He oversaw London’s bid for the 2012 Olympics and was Board Director on the Organising Committee. His ability to deliver critical projects that made the Games such a success saw him knighted in 2012.

He was a Chief Adviser to the Home Office from 2006 to 2008. In 2012, he was appointed by Ed Miliband to the position of Chairman of the Management Board of the Labour Party. In 2013 he was made a Life Peer, taking the title Baron Allen of Kensington.

Lord Allen began a distinguished career in broadcasting and media with Granada TV in 1991 before going on to have senior roles in leading companies in the sector including EMI, Virgin Media and Endemol. He is currently Chairman of Global Media and Entertainment Limited.

He is currently Advisory Chairman to global independent investment bank Moelis & Company, Chairman of multinational infrastructure group Balfour Beatty PLC, and Chairman of e-commerce retailer THG (formerly The Hut Group).

Lord Allen said: “I am honoured to be appointed to the role of Chair of the British Horseracing Authority at this important time for the organisation.

“I look forward to building a strong relationship with the new CEO and the Board and all our stakeholders, delivering the vision of building the commercial and reputational aspects of the sector.

“My love of horses stems from learning to ride as a youngster and enjoying the sport of horseracing over many years.

“My knowledge, skills and experience from various sectors, including media and entertainment, and having led many regulated and sporting organisations will hopefully stand me in good stead to bring a fresh perspective to this incredible sport.”

Chair of the BHA Nominations Committee and the BHA’s Senior Independent Director, David Jones, said: “Lord Allen is a very experienced Chairman, and I am delighted that we have appointed a candidate of such outstanding calibre.

“His record speaks for itself and his impressive leadership skills, financial and commercial acumen, broadcast experience and an understanding of Government will bring a fresh and independent perspective to the BHA’s work.

“Combined with his wealth of experience in global sporting events, Lord Allen impressed the committee with his perceptive grasp of the challenges facing racing and will be a powerful advocate for the sport.”

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