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
ECA: EU Member States Miss Out on €22.9 Billion in Tax Revenue Due to Illegal Online Gambling
The European Casino Association (ECA) hosted a high-level roundtable in the European Parliament on tackling illegal online gambling. The event title still referred to the 2024 figure of €80 billion, the figure available when the roundtable was organised, but that number was overtaken at the event itself: the 2025 figures, released for the first time during the roundtable, showed that the illegal online gambling market aimed at EU consumers had reached €91.6 billion, an increase of around 14%. The title was therefore already outdated the moment the new numbers were presented. Drawn from the study commissioned by the ECA to Gambling Compliance International (GCI) and set out by ECA Chair Erwin van Lambaart, this rise deprived EU Member States of an estimated €22.9 billion in tax revenue.
A high-level roundtable in the European Parliament
The European Casino Association (ECA) organised a high-level roundtable discussion on illegal gambling in the European Parliament. Hosted by MEP Lukas Mandl, the gathering brought together EU lawmakers, the European Commission, the Anti-Money Laundering Authority (AMLA), Eurojust, the Joint Parliamentary Scrutiny Group (JPSG) on Europol, national gambling regulators and industry experts.
During the discussion, ECA Chair Erwin van Lambaart presented the 2025 figures from the impact study on illegal online gambling that the ECA commissions annually from Gambling Compliance International (GCI). Participants exchanged views under the Chatham House Rule on the growing scale of illegal online gambling, how it is currently tackled, and what more can be done at European level. They acknowledged the growing scale of the problem and called for stronger enforcement and closer cooperation to support a safe, well-regulated gambling environment.
The discussion is timely, coming shortly after the European Commission’s proposal to reform the mandate of Europol, a key institution in the fight against cross-border crime, including illegal gambling.
What the 2025 GCI figures show
The latest impact study, commissioned by the ECA to Gambling Compliance International (GCI), shows that the illegal online gambling market aimed at EU consumers reached €91.6 billion in 2025, an increase of around 14% on the previous year. This clear upward trend deprived EU Member States of an estimated €22.9 billion in tax revenue in 2025.
The figures also show that illegal operators now account for the majority of online gambling revenue in the EU-27, that more than 6200 illegal operators are actively targeting European consumers, and that the overwhelming majority of online gambling content Europeans are exposed to promotes illegal, unlicensed operators.
What is meant by “illegal gambling”
In the 27 Member States of the European Union, there is no grey market and no third category. A gambling operator is either legal, meaning it is licensed in the country where it serves its customers, or it is unlicensed and therefore illegal. When the ECA speaks of illegal gambling, it means operators serving European consumers without the licence that national law requires.
What sets legal and illegal operators apart
Legal, licensed operators abide by national and EU law, apply anti-money-laundering measures and cooperate closely with national and EU authorities. They protect vulnerable consumers, with particular care for young adults, through strict responsible-gambling programmes; they make significant tax contributions; and they support local development, tourism and jobs.
Illegal, unlicensed operators, by contrast, operate outside any licence and any regulatory or ethical standard. They fail to apply anti-money-laundering measures and can facilitate money laundering and the financing of crime. They ignore age and identity checks and actively target young and vulnerable players, using aggressive marketing, personalised bonuses and free plays to drive compulsive play. They pay no tax in the countries they target, and they mislead consumers, for example by using the logos of legitimate operators in advertising to commit fraud.
ECA Chair Erwin van Lambaart said: “The 2025 data from the GCI report leaves no room for doubt: illegal online gambling is a fast-growing, cross-border problem that puts players, especially young adults, at high risk, deprives societies of much-needed tax revenues, and undermines trust in the regulated market. Licensed casinos and their online businesses operate under strict rules and invest heavily in responsible gambling and anti-money-laundering measures. Yet illegal operators, often based outside the EU, can reach European consumers at the click of a button, without safeguards, without oversight and without contributing to our communities.”
“This is why we need strong political will and strengthened public-private cooperation that is aligned with this reality. By connecting national enforcement efforts, financial intelligence units and sector expertise, European institutions and agencies such as the European Commission, Europol and AMLA can help us turn data into action. If we fail to act now, the illegal online market will continue to grow at the expense of players, public finances and legitimate businesses.”
MEP Lukas Mandl said: “Illegal online gambling is not a niche issue, it is a serious cross-border threat that touches on consumer protection, organised crime and the integrity of our internal market. Europol is a crucial partner for Member States, but we must ensure that its mandate and resources allow it to fully support the fight against these illegitimate activities.”
“The evidence presented by the European Casino Association today show where cooperation is needed to do more. I will bring these insights into our parliamentary work and encourage colleagues cross-party to jointly go against the negative effects of illegal gambling from mental health issues to existential disasters of individuals and entire families, so that we can better protect citizens and make a clear difference between criminal activities and those operators who play by the rules.”
The post ECA: EU Member States Miss Out on €22.9 Billion in Tax Revenue Due to Illegal Online Gambling appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
Inside View: Yaspa CTO on the UKGC Financial Risk Assessment
Yaspa CTO Toby Sucharov comments in relation to yesterday’s UKGC announcement on Financial Risk Assessments. “The Commission’s decision to introduce Financial Risk Assessments in stages is a significant moment for the UK gambling sector. The original ambition was always to protect vulnerable consumers without disrupting the majority of players, and today’s announcement shows that the industry is now moving from debate into implementation.
“The crucial question is whether the data being used is good enough to support that ambition. Credit reference agency data has clear advantages because it can be frictionless, but it is also limited. It can show missed payments, defaults or debt management plans, but those are often signs that financial harm has already happened. It is more of a rear-view mirror than a windscreen.
“To protect consumers sustainably, operators could benefit from more direct insights into a customer’s real financial position. That is where open banking has an important role to play, particularly for the small proportion of customers who cannot be assessed cleanly through credit reference data alone. Real-time bank transaction data can provide a clearer view of income, disposable income and gambling activity.
“The key challenge that led to using credit reference agencies was the friction around gaining customer consent. Traditional affordability checks have struggled because they ask customers to complete a separate task, often through an email or on-site message that is disconnected from what the customer is trying to do. Consumers do not complete operator tasks – they complete their own tasks.
“Our view is that the check has to be tied to the customer journey, particularly the deposit journey. If a customer is already choosing to add funds, a clear and proportionate prompt can make the process feel intuitive rather than intrusive. We have seen real-time deposit-integrated checks converting at 70%, versus a typical rate of 12% for traditional affordability checks. That’s a material distinction, and enables the industry to deliver meaningful financial risk assessments while preserving the frictionless experience the Commission, operators and customers all want.”
The post Inside View: Yaspa CTO on the UKGC Financial Risk Assessment appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.
ACMA
ACMA Warns MMA Fighter Jamie Mullarkey for Breaches of Online Gambling Laws
The Australian Communications and Media Authority (ACMA) has issued a formal warning to mixed martial arts fighter Jamie Mullarkey for breaches of Australia’s online gambling laws.
An ACMA investigation found that in 2025 Mr Mullarkey promoted an illegal offshore gambling service in sponsored posts on his Instagram account. Mr Mullarkey’s Instagram profile also referred to his sponsorship arrangements with the service, including a link to the gambling site and posts with promotional hashtags referring to the service.
Australian online gambling rules prohibit the promotion of illegal gambling services. This includes posts or live streams featuring illegal services, sharing links to those services or running promotional giveaways connected to illegal gambling services.
ACMA member Carolyn Lidgerwood said the enforcement action puts social media influencers and their agents on notice.
“Athletes and social media personalities with large online followings can have significant influence over their audiences and can encourage the use of illegal gambling services,” Ms Lidgerwood said.
“This is the first enforcement action we have taken against an influencer for breaching online gambling rules, and it should serve as a warning to others.
“In this case the ACMA issued a formal warning considering the specific circumstances of the matter. This included that Mr Mullarkey ended the sponsorship arrangement promptly, cooperated with the investigation and quickly removed the material. Mr Mullarkey also accepted responsibility for his conduct and expressed genuine remorse.
“However, all influencers need to be aware that promoting illegal online gambling sites is against the law and can result in significant penalties.”
Individuals who promote or publicise illegal online gambling services can face civil penalties of up to $59,400. Those who facilitate access to illegal gambling services, including by providing hyperlinks or directing users to those services, may face penalties of up to $2,475,000.
“The ACMA will use its full suite of regulatory tools, including these substantial civil penalties, where influencers promote or facilitate access to illegal gambling services,” Ms Lidgerwood said.
The post ACMA Warns MMA Fighter Jamie Mullarkey for Breaches of Online Gambling Laws appeared first on Americas iGaming & Sports Betting News.
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