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Our UKGC consultation response: Failing to protect the vulnerable should not be the White Paper’s legacy

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The dust has settled and the process is complete. The consultation on the proposed changes outlined in the UK Gambling White Paper is closed so now we just have to wait and see. Whilst we do so, we thought that in the spirit of transparency, we would share our own thoughts, more or less as they were communicated in our consultation response to the UK Gambling Commision.

Offering a real-time customer risk profiling tool, ClearStake’s focus was obviously on affordability checks. But then, much of the industry’s attention has been on this topic over the last few months. This is, to our mind, the single most important challenge facing the sector. Addressing it in the right way, a way that protects both punters and operators, will be the key to a sustainable, profitable future.

And with that goal uppermost in our mind, here is what we said:

1. Affordability checks must use real financial data

Certainly at the levels of spend proposed as meriting more thorough checks (£1,000 in a day or £2,000 over the space of three months), we don’t believe there is any real substitute for real financial data, by which we mean bank data. There is simply no other way of establishing whether a player can afford to lose this amount of money or not. Everything else – including data from credit reference agencies – is guesswork. We believe that the single greatest mistake that could be made during this process is not solving the problem of financial harm caused by gambling. That won’t be an issue if the government requires decisions to be made by operators in possession of a proper financial picture of their customers.

2. We can solve two problems at once

The consultation focused on affordability checks, but it would be almost perverse to ignore the wider reality at play here. Operators also have to perform anti money-laundering and source-of-funds (SOF) checks on their customers, and they do so by looking at bank statements. Given this is the case, it makes a lot of sense to us to effectively combine both these requirements within a single check.

3. At higher spend levels, it makes sense to keep customers connected

There has been a lot of talk about how frequently checks should take place, or to put that another way, whether it should be necessary to go back to a customer within six months or a year if they have already passed a check. To us, this rather misses the opportunity presented by Open Banking in particular. After the first check, assuming the player allows it, any checks in future can be entirely frictionless. The connection can remain in place and used when necessary (and only when necessary!) in order to make the ongoing compliance relationship as smooth as possible. We don’t expect ongoing connection to be mandated, but it should certainly be held up as best practice for all concerned.

4. Some of the proposed data points make little sense

When a solution that takes guesswork out of the equation is available, does it really make sense to suggest that postcodes and job titles are meaningful ways to determine an individual’s financial situation? We don’t think so. We believe that continuing to ‘lean in’ to data like this gives a misleading impression that it is good enough. It isn’t. Even as part of a broader decision-making process, it is very difficult to see where some of these data points fit in. You could say the same, of course, about missed loan repayments from three years ago.

5. The solution exists – why cobble together a new one?

Hovering behind the entire consultation process appears to be a not-quite-defined ‘solution’ to the affordability challenge. This is apparent in the various hints towards the use of CATO data (let’s just say it, even if the Commission aren’t willing to) and a hodge-podge of random data points in order to make affordability decisions, as part of a system that would have to be piloted in order to ensure a) it works and b) it doesn’t create data security issues.

Leaving aside the absurdity of asking us to judge the merits of an approach that hasn’t actually been defined, we would simply point out that in Open Banking, a solution to this challenge already exists. One that is already used by over 7 million people in the UK, by most UK operators to handle payments, and already used to handle affordability and SOF checks by forward-thinking operators. Why on earth are we re-inventing the wheel?

So there you have it. That’s what we told the consultation, albeit in language a little less colourful. I hope they listen.

Compliance Updates

Why licensing will always be about jurisdiction, not harmonisation

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This article is an opinion piece by Lee Hills, CEO of leading iGaming regulatory advisory service SolutionsHub.

For years, operators have built cross-border strategies on the assumption that European gambling regulation would gradually move closer together. It made commercial sense to think that way. A single market, a single set of rules, a single compliance framework. Less friction, lower cost, cleaner structure.

Instead, the opposite has happened.

For the past decade, regulation has moved towards greater national control. The jurisdictions that matter most to iGaming operators have each gone their own way, on their own terms and at their own pace. That assumption was not just wrong. For the operators who built strategies around it, it has become commercially dangerous.

The myth of pan-European harmonisation

The European Commission does not have a direct mandate to regulate gambling at a pan-European level. It never has. What it can do is put pressure on the areas around gambling, whether that’s state aid, freedom of services, data protection or financial crime.

But every time a member state has been challenged on its gambling framework, the outcome has been the same. Sovereignty wins.

Germany is the clearest warning sign. Malta-licensed operators once treated EU market access as a question of legal argument and commercial risk appetite. German courts have treated it far more simply. If gambling was offered in Germany without the required German permission, German law applies. The later dispute around Malta’s Bill 55 only sharpened the point. Malta sought to protect its licensed operators from certain foreign judgments. Germany and other member states continued to assert their own consumer protection and public policy rules.

By now, it should be clear enough that gambling regulation is not moving away from national control.

What matters is whether operators have built for that reality, or whether they are still pricing risk as if Europe will eventually fall into line.

What sovereignty actually means in practice

For operators, sovereignty is a commercial reality. It has direct consequences for every operator building across multiple markets.

In recent years, the focus has moved firmly to where the player is, not where the licence sits. The legal tensions surrounding Malta’s Bill 55 have made that principle hard to ignore. But the principle itself is not new. It has been quietly reshaping enforcement, banking relationships and payment processing for years.

For operators, this means one thing above all others. A licence in a well-regarded jurisdiction does not automatically protect you from regulatory exposure in the markets where your players actually are. Governance, compliance, and oversight must follow the player. In practice, that is now the central regulatory reality for any operator building across multiple markets. It cannot stop at the edge of the licensing jurisdiction.

Take an operator running on an offshore licence, taking revenue from a market that expects local authorisation. The first call usually comes from the bank, the payment provider or the platform partner, asking why revenue from that territory should be treated as acceptable. The answer cannot simply be that “we are licensed elsewhere.”

They have to make the case for that specific market. The controls have to hold up there, the local position has to be explainable, and the activity has to be justifiable where the players actually are. That is sovereignty in practice. The player’s jurisdiction is now where much of the commercial and regulatory exposure exists.

The structure that reflects this reality is the hub-and-spoke model. Operators are building this way because regulation is now fragmented market by market. The centre of the structure should be a Tier 1 jurisdiction. This is where governance, risk and strategic decisions are managed. Around that, market-specific licences are held in ring-fenced subsidiaries. Risk is contained within each spoke. Revenue recognised within appropriately licensed entities.

Commercially, it makes sense. More importantly, it reflects how regulation actually works, because every market still needs its own compliance framework.

The licence arbitrage illusion

For a long time, the gap between Tier 1 and Tier 2 licensing was manageable. A lighter-touch jurisdiction offered speed to market, lower cost and operational flexibility. Banks and payment providers asked fewer questions. Counterparties were willing to work with different licences as long as the basics were in place.

That space is shrinking.

Pressure is now coming from all directions. Banks and payment providers are no longer comfortable relying on the licence alone. They are looking at the governance behind it, the compliance culture, the ownership structure and the reputational exposure. Institutional partners are asking harder questions. The licences that were once “good enough” to unlock commercial relationships are increasingly being scrutinised in ways they were not before.

Game studios, platform providers and operators can still launch quickly through a Tier 2 structure, but the friction increases when they try to scale. Larger aggregators, regulated operators, banks and payment partners are now asking more questions about where the business is controlled, where revenue is coming from, who provides oversight, and whether the licence genuinely supports the markets being targeted.

In some cases, the issue is not whether a Tier 2 licence allows the relationship to happen at all. The issue is friction. Onboarding takes longer, the pool of available partners narrows, and extra conditions appear before revenue can move. That is where the commercial pressure is building. A licence may still get a business live, but that does not always mean it gets properly banked, distributed or supported for long-term growth.

Tier 2 licences still have a role to play. What is changing is the assumption that they offer long-term protection. In many cases, the underlying exposure is simply being deferred rather than removed.

What this means for conference season

As the European conference season accelerates through early summer, the industry will gather to discuss growth, technology and market opportunities. Yet behind much of that conversation is a more practical challenge. How do operators build for the long term when the regulatory picture continues to shift from market to market?

The answer lies less in the licence itself and more in the structure behind it.

Stop treating licensing as a badge-shopping exercise. The question is which markets you need durable access to, and what structure will still hold up when banks, payment providers, regulators and institutional partners start asking harder questions. This means building a hub-and-spoke strategy from the outset. A credible hub for governance and oversight, with local spokes added where player location, revenue, regulation or commercial counterparties justify them.

The businesses getting ahead here are not treating licensing as a shortcut exercise. They have recognised that gambling sovereignty lies with individual markets and regulators, and have built accordingly rather than assuming a cross-border structure will solve everything indefinitely.

Price matters, but it should not be driving the decision. What matters more is which structure gives you durable access to the markets you actually want to be in.

The operators who understand sovereignty will be the ones best placed to scale in the markets that matter.

The post Why licensing will always be about jurisdiction, not harmonisation appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.

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Anti-Money Laundering Act

Denmark: Gambling Operators’ Obligation to Assess the Risk of New Technology Before Launch

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According to Section 7(1) of the Anti‑Money Laundering Act, gambling operators are required to identify and assess the risk that they may be misused for money laundering. The risk assessment must be based on the operator’s business model and must cover risk factors associated with customers, products, services and transactions, as well as delivery channels and countries or geographical areas.

The Danish Gambling Authority points out that this obligation means that any new technology used by a gambling operator must be risk‑assessed before it is launched, ensuring that no part of the operator’s business remains unassessed. New technology could, for example, include the introduction of new games or new payment solutions. The introduction of new technology therefore constitutes a change to the operator’s business model, which requires an update of the risk assessment.

When launching a new game product or other technology with which the operator has no prior experience, the operator must investigate whether relevant sources exist that can support the risk assessment.

The post Denmark: Gambling Operators’ Obligation to Assess the Risk of New Technology Before Launch appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.

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Brazilian License

Groove Secures Pivotal Brazilian License, Cementing LATAM Expansion

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Platform pioneer unlocks one of the world’s most dynamic iGaming markets, offering operators and providers a seamless, compliant gateway to millions of new players.

Groove, the award-winning iGaming aggregation platform, has today announced a monumental leap in its global expansion strategy with the official granting of its license to operate in Brazil.

This landmark regulatory approval marks a decisive moment in Groove’s strategic blueprint for Latin America, a vision further reinforced by the significant strengthening of its established and fully regulated infrastructure in Argentina. Together, these developments create an unrivalled dual-hub strategy, positioning Groove as the definitive gateway to the continent.

This hard-won license provides a fully compliant and powerful conduit for Groove’s partners to engage a market on the cusp of historic growth. For operators, it translates to a frictionless, single-integration pathway for capturing market share in this coveted region. They can now leverage Groove’s robust platform to deploy a fully localised and compliant casino offering at unparalleled speed, complete with curated game portfolios tailored to local preferences, integrated local payment processing, and bespoke marketing tools designed to captivate Latin American players. This eliminates years of complex regulatory legwork, allowing partners to go to market in a matter of weeks, not years.

For game studios and content providers, the Brazilian license acts as a direct and streamlined conduit to a vast new audience. Groove offers a managed route to market, taking on the heavy burden of complex regulatory technical standards and certification processes. This allows creators to focus on their core mission of developing world-class entertainment, secure in the knowledge that their content will be efficiently placed in front of a massive, engaged audience through a trusted and fully compliant pipeline.

Rachel Tourgeman, Head of Partnerships at Groove, emphasised the transformative nature of this development. “The green light in Brazil is more than a license; it’s a key that unlocks a kingdom of opportunity for our partners. We’ve built a platform capable of not just entering, but driving in regulated markets.”

Tourgeman put the new license in perspective, saying: “Operators can now immediately tap into Brazil’s immense potential, while providers gain a trusted pipeline to a passionate new player base. This is a definitive moment that accelerates the entire LATAM iGaming ecosystem.”

This strategic expansion is a direct reflection of Groove’s commitment to being the most reliable and agile aggregation partner in the world’s most promising emerging markets. With over 20,000 games available and a raft of over 150 games partners, Groove brings unrivalled choice to the Brazilian market.

Yahale Meltzer, Co-Founder and CEO of Groove, commented, “Our vision has always been to build the bridges that connect great content with passionate players, wherever they are. Securing our Brazilian license and reinforcing our Argentine operations is a testament to our team’s relentless execution and our long-term commitment to LATAM.”

Meltzer concluded: “We are not just following trends; we are actively architecting the future of iGaming in the region, providing a secure, scalable, and sophisticated platform for our partners to grow with us. The door to Latin America is now open, and Groove is the key.”

For further information visit the new web domain at www.groovetech.com

The post Groove Secures Pivotal Brazilian License, Cementing LATAM Expansion appeared first on Americas iGaming & Sports Betting News.

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