Compliance Updates
Euroconsumers calls Nintendo to solve its “Joy-Con Drift” probl
The new version of the Nintendo “Switch” console, the Switch OLED, expected on October 8th 2021, shows an unsolved technical problem with its controllers – an issue commonly called “Joy-Con Drift” – that prevents players from playing the game properly. Nintendo is quite aware of this flaw. Yet it still plans to roll out the new Switch with the old problem. Euroconsumers calls Nintendo to account.
“Joy-Con Drift”
The flaw in the controllers manifests itself after a couple of months, falsely reading input from the controller stick, as if the user has their thumb pressed down on the controller, causing the game character to move without the player even touching the device. This prevents the player from playing the game as intended. This issue is not new: it was already denounced extensively by users of the current Nintendo Switch, IFixit and multiple consumer organisations.
Nintendo’s inaction
This flaw has previously been raised with Nintendo. Firstly in January 2020, Test Achats/Test Aankoop, Euroconsumers’ Belgian national organization, sent a letter of formal notice to Nintendo Europe GmbH calling on the company to repair all the defective products free of charge and to publicly communicate about the defect.
In January 2021, BEUC, the European umbrella group for 46 independent consumer organisations, launched an external alert to the CPC network about a widespread infringement with Union dimension of EU consumer law, related to the premature obsolescence of the Nintendo Switch.
On top of this EU action, two class actions have been launched in the US, and a Canadian firm has filed an application to begin a class action.
Nevertheless, Nintendo has taken no actions to remedy the flaw or alert consumers. It even issues a new Switch OLED with the exact same Joy-Con design, with the exact same inescapable defect. Meanwhile Nintendo keeps on putting a great deal of emphasis on the quality and versatility of the Joy-Con in its advertisements t.
This early obsolescence is not only unfair and harmful to consumers, but also affects the environment, creating a pile of unnecessary and extremely polluting electronic waste.
Euroconsumers’ call on Nintendo
In a letter Euroconsumers has confronted Nintendo with the above, asking them to:
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Adequately inform consumers of the existence of the “Joy-Con Drift” and its impact on the expected lifespan of the Nintendo controllers on the packaging of the product.
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Fully respect provisions on the legal product guarantee, without imposing any burden of proof on consumers or charging them with any costs to repair or replace their Switch controllers.
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Provide clear contact details at Nintendo for consumers to report and resolve Joy-Con problems, and for Euroconsumers and its national organisations to address problems to that regard.
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Resolve the technical “Joy-Con Drift” flaw and ensure a more sustainable version of the controllers. Euroconsumers, and its national organizations stand ready to deploy decades of technical and testing experience to support finding solutions.
Euroconsumers is available and willing to launch a dialogue with Nintendo in order to establish the best way to satisfy the above requests.
“Nintendo has a duty to its customers to provide functioning devices,” said Marco Scialdone, Head of Litigation and Academic Outreach at Euroconsumers. “To knowingly continue selling these game consoles when they are defective is a breach of EU consumer law. We expect Nintendo to do the right thing and work with us to find a solution for consumers.”
“While on one hand Nintendo pretends to commit to the green transition and serve consumers, its continued distribution of faulty electronic devices shows it’s true lack of genuine commitment,” said Els Bruggeman, Head of Policy and Enforcement at Euroconsumers. “Early obsolescence results in more electronic waste, which is particularly difficult to dispose of. This shows a regrettable lack of respect for both the environment and consumers.”
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Compliance Updates
Labour MP Raises Questions Over Impact of UK Gambling Tax Hike on Gibraltar Economy
The House of Commons was reminded last week that the decisions it took could have “a huge impact” on Gibraltar, as a Labour MP warned that a planned increase to UK gaming taxes could “leave a huge hole” in the Rock’s economy.
Gareth Snell used a Commons debate on the Finance Bill to warn that changes to the UK’s remote gaming and remote betting duty could have a significant impact on Gibraltar’s public finances, and that higher costs in the regulated sector risked driving more gamblers into the black market.
Mr Snell tabled an amendment to the Bill requiring the UK Government to conduct an impact assessment on Gibraltar, whose economy he said was heavily reliant on the gaming and gambling sector.
Citing his discussions with Nigel Feetham, Gibraltar’s Minister for Trade, Industry and Justice, Mr Snell said the gaming accounts for 30% of Gibraltar’s GDP, employs 3500 people and generates one third of Gibraltar’s tax receipts.
He said companies with a footprint in Gibraltar pay Gibraltar corporation tax as well as levies in the UK and argued that changes to the UK duty structure could have an immediate effect on Gibraltar’s revenues because of the way the tax is applied.
“The minister will be acutely aware that the gaming and gambling sector in Gibraltar is a huge part of their economy,” he said, addressing Labour MP Dan Tomlinson, the Exchequer Secretary at the Treasury.
“So…anything that we do in this place that has an impact on the sector in Gibraltar will leave a huge hole in the Gibraltar economy which will have to be filled.”
Mr Snell also linked the issue to Gibraltar’s wider importance to the UK, saying tax decisions taken in Westminster could affect its ability to fund public services.
He said Gibraltar needed stability and called on the minister to set out what contact the Treasury had had with Gibraltar on the issue.
“Gibraltar is of strategic importance to us,” he said.
“It is part of the family of nations that make up who we are.”
“And decisions that we take in this Finance Bill are having a huge impact on their economy and on their ability to fund their public services and fund their defence.”
Alongside his comments on Gibraltar, Mr Snell devoted substantial attention to what he said were the risks of pushing consumers towards unregulated operators.
He tabled a separate amendment calling for an independent assessment of the impact of the duty changes on the black market, arguing that any effective response to gambling harm depended on keeping consumers inside the regulated sector.
He said the black market offered none of the protections available through licensed operators and warned that those using unregulated sites would be more exposed to harm.
“The more people we push into the black market, where there is no support, there is no gam care, there is no lockout system,” Mr Snell said.
“It means people are more at risk of harmful activity and being preyed upon by predatory organisations.”
“And companies that are outside of the UK do not pay taxes here and are simply not worried about the participants.”
He cited an independent study by Ernst and Young for the Betting and Gaming Council, which he said estimated that £6 billion worth of stakes could be diverted to the black market as a result of the changes.
He told the Commons this would amount to a 140% increase in stakes moving into unregulated channels.
“Now, the independent study done by Ernst and Young for the Betting and Gaming Council did come up that there is a potential for £6 billion worth of stakes to be diverted to black market as a result of this change,” Mr Snell said.
“That’s six billion pounds of stakes that were going to be made somewhere but will go into the black market.”
Mr Snell also said illicit operators were easily accessible and that money staked through those sites could be linked to criminal activity overseas.
“Every single one of us is no more than two clicks away from an unregulated gaming or gambling site, where, again, that money often goes into questionable activities overseas,” he said.
“Some of it is funding organised crime.”
Mr Snell said the Treasury had earmarked £26 million for the UK Gambling Commission as part of broader regulatory changes, but argued that the UK Government had not yet assessed whether that would be sufficient to address the scale of any shift to the black market.
He also said the Treasury had not given him an answer on when a post-implementation review might take place.
“To be honest, we just simply don’t know how big the impact is going to be,” he said.
“The assessment simply hasn’t been done by government to determine whether that £26 million is enough.”
In the debate, Mr Snell said his concern was not to revisit the principle of the tax changes themselves, but to secure an assessment of their unintended consequences for both Gibraltar and the black market.
Alex Ballinger, another Labour MP, took a different stance on the issues raised by Mr Snell, saying any impact on Gibraltar should be weighed against how operators fared in other jurisdictions with higher taxes than the UK.
“I think if the tax changes are going to be as economically damaging as claimed for Gibraltar, we do need to consider how it works in other jurisdictions, because there are often the same gambling organisations operating in other countries with much higher tax rates than the UK and they manage to survive profitably in those sectors,” he said.
“So I think we should take that into consideration when we’re looking at the impact on Gibraltar as well.”
As for concerns about pushing people to black market sites, he said the threat was “overblown” and other sectors such as the tobacco industry had employed a similar narrative in the past that later proved unfounded.
“And again, when we introduced the [gaming sector] point of consumption tax in 2014, again, there was no surge in unregulated or the black market gambling at that point either,” he added.
A study by the UK Gambling Commission in 2021 found only “a very small proportion” of UK gamblers ever used unlicensed sites, “and these were mostly by accident”.
Mr Ballinger welcomed investment to tackle harmful gambling.
“But I think we should not buy into the narrative that risks from the black market should stop us making changes that keep people safe from the most harmful forms of gambling,” he said.
Responding, Mr Tomlinson said he had met twice with Mr Feetham to discuss the impact of the changes on Gibraltar’s economy.
“I do understand there are significant impacts on the economy in Gibraltar and that is something that I hope to keep engaging on and discussing,” he said.
Mr Tomlinson was pressed by Mr Snell who asked whether he would give an assurance that there would be “no future surprises and no significant tax changes” that could impact Gibraltar negatively.
Mr Tomlinson declined “to write future budgets”, adding: “We have made a significant change when it comes to gambling taxation and rather than make further changes the Government will of course monitor to see the impact of that change.”
The Bill passed its third reading and the amendment on Gibraltar was not adopted.
The post Labour MP Raises Questions Over Impact of UK Gambling Tax Hike on Gibraltar Economy appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
Malta Gaming Authority Publishes its Supervisory Engagement Efforts for 2026
The Malta Gaming Authority has published its Supervisory Engagement Efforts for 2026, outlining the areas that will shape its regulatory oversight of the online gaming sector in the year ahead.
Building on the supervisory framework refined in 2025, the Authority will continue to apply a risk‑based, evidence‑led and outcomes‑focused approach. This enables the Authority to identify and assess regulatory risks more effectively, direct supervisory resources where they are most needed, and maintain a proactive and responsive regulatory environment.
For 2026, supervisory efforts are structured around three core regulatory themes: compliance, player protection and sports betting integrity. Within these pillars, the Authority has identified a number of targeted focus areas that reflect its ongoing risk assessment, supervisory observations and engagement with Authorised Persons.
Key supervisory priorities for 2026 include:
• a thematic review of internal control frameworks around the use of cash and cash equivalents within the online gaming industry;
• a thematic review of internal control frameworks around the use of crypto assets;
• focused integrity reviews relating to athletes betting on their own sport and integrity risks linked to esports markets; and
• enhanced oversight of player protection measures, including the quality and consistency of operator monthly ADR reporting.
Through these focused supervisory engagements, the Authority aims to strengthen regulatory standards, safeguard player interests and reinforce the long‑term resilience and integrity of the online gaming sector.
The post Malta Gaming Authority Publishes its Supervisory Engagement Efforts for 2026 appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
American online gambling
New Analysis Shows Majority of Online Gambling Operators Targeting U.S. Players are Unlicensed
According to Blask’s latest analysis of the U.S. iGaming landscape, 290 out of 362 operators active in the American online gambling ecosystem (approximately 80%) are offshore platforms operating outside domestic regulatory frameworks. The data highlights a structural reality of the U.S. market: while regulation has expanded significantly over the past decade, offshore operators still dominate the competitive landscape in terms of brand presence.
This dominance is not limited to the number of operators. It also translates into a substantial share of total market value. Blask estimates that the total U.S. online gambling market reached approximately $79.8B in Competitive Earning Baseline (CEB) in 2025. Of that total, only around $25.2B was captured by licensed domestic operators, while the majority flowed to offshore platforms.
In other words, roughly three quarters of the U.S. market value remains outside the regulated ecosystem, despite more than a decade of state-by-state legalization.
The persistence of offshore dominance is closely tied to the fragmented structure of U.S. gambling regulation. Several of the country’s largest markets still operate without any online gambling legalization, while many regulated states allow sports betting but not online casinos — creating structural gaps that offshore platforms continue to fill.
States that offer full online gambling regulation, including both sports betting and casino, show significantly lower offshore penetration. Markets such as New Jersey and Michigan capture roughly three quarters of their online gambling value domestically, demonstrating that comprehensive regulation can meaningfully increase channelization. However, no U.S. jurisdiction has fully eliminated offshore activity.
The post New Analysis Shows Majority of Online Gambling Operators Targeting U.S. Players are Unlicensed appeared first on Americas iGaming & Sports Betting News.
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