Apparently, since launching an effort to boost player protection and combat problem gambing, the regulator has received several reports of operators failing to register, or limiting wagers.

Now, the ANJ has reminded gambling operators that they can only legally limit or refuse bets if there is a provable legitimate reason, such as to prevent problem or underage gambling, or combat money laundering and the financing of terrorism. 

The warning echoes that issued by the Lithuanian Gambling Supervisory Authority earlier this year, after it fined UAB Tete-a-Tete Casino for unreasonably setting betting limits on an online customer.

AYO.NEWS says:

As any gambling operator knows, balancing compliance with responsible gambling/AML/ATF regulations and customer freedoms is getting ever more difficult. Have operators really been taking advantage of customers, or are some just being overcautious?

According to the Irish Times, under the proposals, the country’s new gambling regulator will have the power to revoke and suspend licenses, freeze accounts, and block incoming payments. Furthermore, inducements, including VIP promotions, will be subject to new rules and banned altogether for some customers.

Gambling advertising will also be subject to strict new rules, likely covering the timing and frequency of adverts on television, radio, and other media. As expected, a UK-style ban on advertising that could appeal to children is also likely to be introduced. 

Additionally, all gambling companies will be required to contribute to a new social impact fund to help pay for treatment and gambling harm awareness programs. A national self-exclusion register will also be established. 

The new legislation is being put forward by Minister of State in the Department of Justice, James Browne, and Minister for Justice, Heather Humphreys. If the proposed laws are adopted, it is expected the new regulator will be running and ready to implement them by early 2022.

According to local media outlet The Portugal News, four separate bills are currently being debated that, if passed, would subject gambling advertising to similar restrictions as those for alcoholic drinks and tobacco. 

The bills have been submitted by the Left Bloc, PAN, PCP, and non-registered deputy Cristina Rodrigues. All four bills are said to be similar in wording, and all four include the daytime advertising ban. The bill submitted by the Left Bloc also includes a ban on advertising scratch cards – which the Portuguese spend more money on, per capita, than any other Europeans. 

Cristina Rodrigues commented: “We propose that it is only possible to advertise this type of game after 22:30 and until 07:00, and it’s proposed that, similar to what happens with tobacco packages, the bulletins of these games also have a warning as to the fact that they are liable to create dependency.”

AYO.NEWS says:

Thanks to the increasing media attention on problem gambling in Portugal, like elsewhere, it seems unlikely the proposed daytime advertising ban will meet much in the way of political resistance.

Staying with gambling advertising bans, last month the Mayor of London, Sadiq Khan, instructed Transport for London (TfL) to ban gambling advertising across its extensive network.

The addition of Connecticut means Genius Sports is now authorised to operate in seventeen US states, powering official data, streaming, and marketing solutions for sportsbooks and lotteries. 

Online sports betting was authorized in Connecticut in May 2021, making the state the latest to legalise sports betting and begin operations. Connecticut’s online sportsbooks are set to launch 7 October, ahead of NFL Week 5. Earlier this week, Connecticut’s federal officials confirmed that FanDuel and DraftKings will both be authorised to take retail bets at the Mohegan Sun and Foxwoods Resort Casino respectively.

“We are thrilled that Connecticut has awarded Genius Sports its inaugural online gaming service provider permit, allowing authorized sportsbooks access to our industry-leading solutions,” said Mark Locke, CEO of Genius Sports. “There are an increasing number of U.S. states looking to provide their residents with the best quality fan experiences, while capturing the full value available to the state. Genius Sports welcomes the opportunity to work with states like Connecticut, using our official sports data-powered solutions to underpin their authorized sportsbooks.”

Staying with Genius Sports and the United States, last month, the company signed an official data and trading agreement with Golden Nugget Online Gaming.

Operators awarded licenses are:

• TOTO online (owned by Dutch government-backed Nederlandse Loterij)
• Holland Casino (owned by Dutch government)
• Dutch Janshen-Hahnraths Group (FPO Nederland brand)
• Betent
• Bingoal Nederland
• Hillside
• LiveScore Malta
• NSUS Malta
• Play North
• Tombola

Speaking on Dutch TV current affairs program Nieuwsuur on 27 September, KSA Chairman, René Jansen, confirmed that out of 30 applications, only ten had been approved, with the others likely to be rejected for failure to meet requirements. However, Jansen did suggest more licenses would be granted at a later date. 

Meanwhile, LeoVegas has announced it will cease to provide gambling services to the Netherlands as of today, 30 September 2021. The operator has previously been fined and warned by the KSA for offering what it deemed to be illegal online gambling to customers in the country. However, LeoVegas has said it took measures to ensure full compliance with Dutch prioritisation criteria, and the KSA’s policies, and that it intends to apply for a Dutch license later this year. 

In June, LeoVegas joined the Netherlands Online Gaming Association (NOGA), a trade body established to represent gambling providers operating in the country. 

AYO.NEWS says:

The KSA had previously hinted that it wouldn’t be looking kindly on those operators who had dared challenge its authority over the past few years, so it’s perhaps not surprising to see so many applications rejected at this stage. The question is, will the KSA soften its stance as it becomes more comfortable with the operation of the market, or will it continue to turn the screws, Swedish-style?

If the proposed new rules, which are supported by the Swedish gaming regulator (Spelinspektionen), are adopted, gambling advertising will be reclassified as requiring ‘special moderation.’

In effect, this would mean that gambling advertising would be much more tightly regulated, in line with things like alcohol, requiring warnings on all marketing and advertising content, and subject to a 21:00 watershed for TV, radio, and digital platforms. 

Calling for the proposals to be dropped, BOS Secretary General, Gustaf Hoffstedt, said: “This is another proposal from the Government that plays straight into the hands of unlicensed gaming companies in Sweden. The trump card of licensed gaming companies has been the opportunity to market themselves and thus channel gaming consumers into the safe Swedish licensed system.

“If the possibility of [broadcasting adverts] becomes even more difficult, the leakage out of the Swedish licensing system, and already 25% of the turnover for online casinos leaks out of the licensing system, will fall to even more critically low levels. In the name of consumer protection, this proposal must be withdrawn.”

BOS members include Betsson, bet365, LeoVegas, Microgaming, Betway, Pinnacle, PokerStars, Flutter, Entain, Cherry Casino, Evolution, SG Digital, Gamesys Group, Casumo, SuprNation, Video Slots, Kambi, Quickspin, and Hero Gaming. 

AYO.NEWS says:

Given the way Swedish authorities, including Spelinspektionen, have treated licensed operators over the last couple of years, it’s surprising any companies are still investing in the country. Whichever way you look at it, logically, it’s extremely difficult to argue against Hoffstedt on this one. But, do we think rational arguments and facts will sway the clearly anti-gambling Swedish lawmakers? Not at all. Oh well, there are plenty of fresh new pastures across the Atlantic. 

Staying with Swedish drama, earlier this month, both Vivaro and Fair Play Bets lost licenses due to inactivity, while in August Mr Green was hit with a SEK31.5M fine for regulatory breaches.

Currently, only land-based operators can apply for a remote gambling permit in the Baltic country. However, the Seimas, Lithuania’s legislative body, has now approved the first reading of amendments to the country’s gambling laws, which if passed, would enable operators to apply for an online-only license. 

Under the proposed amendments, operators would need to hold at least €1.2M in capital for a casino gaming license, €289K for a sports betting license, and €144K for a horse racing betting license. Qualifying applicants would also have to pay a €1M fee on receipt of their license, and additional fees of €300K to offer slots, €100K for bingo, and €500K for remote gambling. 

Additionally, the proposed amendments would also introduce new rules for land-based operators, with all new slot halls, bingo halls, and betting shops needing to be approved by local councils. 

Though the first reading was approved with 74 votes in favour, 7 against, and 39 abstentions, a second reading of the proposed amendments will still need to be approved for the changes to become law. 

AYO.NEWS says:

Though this will be welcome news for operators targeting Baltic expansion, the fees are pretty steep for such a small market (Lithuania has a population of under 2.8 million). Marketing gambling products in the country could be a bit of a challenge too, considering that all gambling advertisements and promotions, including special offers, discounts, and bonuses, were made illegal in Lithuania from 1 July 2021.

According to the KSA, an investigation that began in January found Tipico was illegally offering games of chance to customers in the Netherlands via its tipico.com website. Investigators say they were able to register and deposit money into an account from the Netherlands. It was subsequently found that, between 30 April to 31 July 2020, there had been almost 5,000 transactions involving Dutch bank accounts.

This violation attracted a base fine of €200,000. However, the KSA then piled on extra fines of €75,000 each for offering illegal bonuses, charging an inactivity fee, and offering live betting. The fine was also increased because the KSA deemed Tipico had not adequately verified the ages of customers. 

Following the action, Tipico has blocked access to its website from Dutch IP addresses. 

With the long-awaited and much delayed launch of the Dutch gambling market due on 1 October, those operators who have successfully secured a KSA license are gearing up to battle for market share in what promises to be a lucrative market. 

AYO.NEWS says:

Though Tipico might not be having much luck in the Netherlands, it’s been making big strides in rapidly growing US markets over recent months. Just last week, the operator announced a deal with TVM DOOH, the largest display screen network in restaurants and bars across America, while earlier in the month it inked a 10-year multi-state market access agreement with Caesars Entertainment. 

The failures are said to have occurred between October 2019 and November 2020, and include failing to spot markers of potential gambling harm, insufficient financial and affordability checks, and inadequate interaction with customers regarding potential harms. 

Anti-money laundering issues included failure to effectively review or analyse bank statements provided by customers to prove addresses, failure to restrict accounts following source of funds requests, allowing customers to register debit cards belonging to third-parties, and relying too heavily on threshold triggers. 

Helen Venn, Commission Executive Director, said: “This case, like other recent enforcement action, was the result of planned compliance activity. All operators should be very aware that we will not hesitate to take firm action against those who fail to meet the high standards we expect for consumers in Britain.”

Nigel Birrell, CEO of Lottoland, commented: “Lottoland is fully committed to ensuring the highest standards of compliance, including its anti-money laundering and social responsibility obligations in all of the jurisdictions in which it operates. The Gambling Commission fine was related to legacy issues around some of our compliance controls which have now been addressed. Lottoland  has extensive compliance measures in place and we are confident that our current policies and processes meet all relevant standards. 

“Remedial action taken included significantly increased investment in our compliance function, more than doubling headcount, alongside a host of other initiatives including bringing in third party support, enhancing training and a review of key policies. In addition, we recently committed to building our individual processes into an automated system to improve the system even further.”

The bill attracted fierce opposition from the iGaming industry, which argued the tax would equate to ‘differentiated tax treatment’ for slots and poker, and give Germany state-owned casino operators an unfair advantage.

Highlighting how out of kilter the new German tax is compared to other European jurisdictions, DSWV president Mathias Dahms, said: “By taxing the individual stakes, the state asks the customer to pay for every single spin of the virtual slots – over and over again, every few seconds and even if the stakes come from previous winnings. There is a reason that all other EU countries have imposed an income tax on these games and not a gaming stake tax.”

With Fourth Interstate Treaty on Gambling (GlüNeuRStV) set to come into force on 1 July, operators braving the market will have to deal with a raft of harsh restrictions in addition to the tax. Most concerning among them will be the €1 per spin wager limit for slots, and the draconian advertising and marketing restrictions. 

On approving the bill, the Finance Committee also warned operators that it would be seeking to apply the tax rate to both licensed and unlicensed operators still operating in the country. 

AYO.NEWS says:

While the iGaming tax and restrictions will make life difficult for operators who’ve obtained a German license, the warning that Germany intends to apply the tax to unlicensed operators too is bad news for those hoping to operate on the black market. 

Just last month we saw the Maltese tax authorities announce they would be helping their German counterparts chase €10M in VAT payments owed by Lottoland Limited. And, with Malta now desperate to get itself off the FATF greylist, and Curacao bringing itself up to European standards, it’s going to be increasingly difficult for unlicensed operators to avoid the long reach of the taxman.