Compliance Updates
Update: Eurosport Fined for Gambling Ads
On September 16, 2021 the National Police Board (“NPB”) imposed a prohibition order and conditional fine of EUR 800,000 for Eurosport SAS (“Eurosport”), a pan-European sports network established in France, for broadcasting gambling advertisements on the Finnish language version of Eurosport 1 television channel.
According to our sources, prior to this the NPB had twice approached Eurosport arguing they infringe the Finnish Lotteries Act marketing prohibitions and requested the actions to be ended. Eurosport remained passive throughout the process until October 27, when they informed the NPB that in their view the decisions of September 16 were “manifestly incorrect”. Eurosport added that they will comply with the NPB’s request for now and they will not broadcast commercial gambling advertising on Eurosport 1 in Finland for the period of three months starting from October 28, 2021. Eurosport notified the NPB of their intention to appeal the NPB’s decisions of September 16 and the Helsinki Administrative Court confirmed that Eurosports appeal was filed October 28 and it is currently pending.
The subject matter of the case is interesting. The NPB makes a convincing case that Eurosports gambling advertisement is infringing the Finnish Lotteries Act. However, their argumentation regarding Audiovisual Media Services Directive (“AVMSD”) is less convincing.
The country of origin principle (“CoO principle”), according to which each EU Member State is legally responsible for all audiovisual media services originating from its own country, is a cornerstone of the AVMSD. Article 4 lays down exceptions to the CoO principle and defines the procedure which must be followed if a Member State is to take action against a media service provider established in another EU Member State.
With regarding to the AVMSD, the NPB would have to at the very least notify the EU Commission pursuant to Article 4 (4) of their intended actions and to substantiate the grounds on which its assessment is based. The EU Commission would need to decide that the measures are compatible with EU law. That has not been the case here.
The NPB argues that the AVMSD does not intend to harmonise gambling advertising in the EU and thus the CoO principle or Article 4 procedures do not restrict them taking direct action against Eurosport.The NPB’s argumentation is based on the recital 10 of the consolidating directive of 2018 which states that the AVMSD does not affect a Member State’s competence to decide on national approach to gambling advertising presumed that the measures taken are justified, proportionate to the objective pursued and necessary under the EU law.
As it is not stated anywhere in the AVMSD (original or consolidated version) that gambling marketing is excluded from the scope, the NPB’s argumentation appears at least questionable. If the Helsinki Administrative Court comes into a similar conclusion the case will fall apart.
The article has been written Antti Koivula, Consulting Legal Advisor at Legal Gaming.
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Compliance Updates
Why stakeholders must be vocal as part of UKGC consultation on gaming machines
As the UK Gambling Commission announces the launch of its consultation on proposed new rules for gaming machines, Nick Arron, lead partner for the Gambling Team at Poppleston Allen urges stakeholders to ensure they are heard
The UK Gambling Commission this week announced the launch of a 16-week consultation, seeking input on proposed new rules for gaming machines in retail venues.
The consultation focuses on technical standards and related testing strategy and aims to improve consumer protection through a number of proposed changes. The consultation is due to end on May 20.
Nick Arron, lead partner for the Betting and Gambling Team at Poppleston Allen, encouraged stakeholders such as operators and licensees to have their say on what impact these proposed changes will have, including the potential costs.
He said: “Robust stakeholder engagement is an important part of this progress. It’s important that operators have their say so that the regulatory framework balances both consumer safety and industry sustainability.
“Changes will require affected businesses to update their processes and technologies to ensure that any changes are not only implemented by the required date but also properly enforced.
“As this consultation progresses, operators will need to weigh the implications of adopting these new standards, not least the cost. While the intention is to enhance consumer protection, businesses must carefully assess the operational and financial implications of the proposed changes.
“While the Gambling Commission’s initiative is a positive step in prioritising consumer safety, the real challenge will be ensuring that the proposed regulatory adjustments are manageable for businesses already operating under thin margins.”
Tim Miller, Gambling Commission executive director for research and policy, said: “We recognise that regulatory changes that impact the design of machines can come with considerable costs.
“We are encouraging consumers, gambling businesses and other interested groups to share evidence that will assist us in measuring both the likely regulatory impacts of the proposed changes and the likely costs of implementing them.
“This evidence will be invaluable to helping make a robust assessment on whether the benefits to consumers are proportionate to the costs involved.”
The post Why stakeholders must be vocal as part of UKGC consultation on gaming machines appeared first on European Gaming Industry News.
Compliance Updates
GoldenRace fuels growth in Europe with renewed MGA certification
GoldenRace, leading provider of award-winning Virtual Sports and betting solutions, is thrilled to announce the renewal of its Maltese certification, successfully tested by BMM lab and approved by the Malta Gaming Authority (MGA). This renewed certification keeps unlocking opportunities in Romania, Poland, Serbia and other MGA-regulated territories, giving operators a golden ticket to tap into new revenue streams in highly regulated markets.
In Romania, where 88% of the population has internet access, the online gambling market is thriving, offering significant opportunities for operators to attract a tech-savvy audience. Serbia, ranked 8th in Europe for gambling revenue, continues its rapid expansion with over 2,200 betting shops and a flourishing online gambling sector. Meanwhile, Poland’s well-regulated and mature market is a compelling destination for operators seeking sustainable growth.
Any games that have been approved under its newly recertified license in Malta, are also eligible for inclusion under its Class II license in Romania, upon the successful completion of the ONJN approval process. While this certification eases the path in these markets, local regulators may require additional approvals. Operators are advised to present these certifications to their respective regulatory authorities to ensure seamless compliance.
Markets on the rise demand winning content
Compliance may open the door, but content is what keeps players loyal. GoldenRace is helping operators target new demographics and grow market share by offering an incredible portfolio of certified games.
In markets such as Romania and Serbia, football is the main revenue force. GoldenRace continues to dominate this space with its newly certified football games, including its most new football format and games such as Football League, World Cup, Euro tournaments (Champions League & Euro League), La Libertadores and Single Soccer.
With online sports betting making up 58% of Romania’s gambling market and Serbia’s sports betting sector projected to grow by 4.93% between 2025 and 2029, GoldenRace has certified games such as Penalt2Win, Basketball 3×3, Horse and Greyhound racing, MMA (Single & Tournament) and several thrilling motor racing titles, such as Grand Prix Indianapolis 60, Motorbike and Speedway racing.
Eastern Europe’s enduring love for number-based games creates another profitable avenue for operators. Certified games such as Keno & Keno Deluxe, Spin2Win (Royale & American) and Perfect6 are designed to meet the unique preferences of players in these regions.
Insights show that players in Poland and neighboring regions prioritise financial rewards, with 56% listing it as their top motivator for gambling. For those players seeking big payouts potential, Crash Games are leading the charge. After a stellar debut in GoldenRace’s Crashmas campaign, games like Jet Escape, Boom Ball Juggle, Fire Crash, Bank Run and Meteoroid are now part of the certified portfolio.
The post GoldenRace fuels growth in Europe with renewed MGA certification appeared first on European Gaming Industry News.
Compliance Updates
Betway extends with Sitebee to uphold compliance excellence across markets
Sitebee is proud to announce the renewal of its long-standing partnership withleading online global betting and gaming brand, Betway. For over six years, Betway has utilised Sitebee’s compliance solutions to ensure regulatory alignment across all its regulated markets.
A partnership built on trust and innovation
Powered by Sitebee’s advanced compliance tool, Betway can seamlessly adapt to market-specific requirements, ensuring that every affiliate campaign is not only effective but also fully aligned with industry standards for transparency and responsibility.
Betway’s decision to extend its partnership with Sitebee reinforces the trust that the world’s leading operators place in our solutions to meet compliance demands and elevate their global reputation. Our dynamic rules engine, tailored to meet the unique demands of each market, has been instrumental in helping Betway maintain its reputation as a responsible and transparent operator on a global scale.
Driving responsible gaming across regulated markets
As an industry leader, Betway prioritises brand protection and player trust. By collaborating with Sitebee, they continue to set the standard for responsible gaming practices, ensuring that their affiliate activities meet the highest levels of compliance in every jurisdiction.
Supporting the future of compliance
The extended partnership with Betway highlights Sitebee’s role as the compliance solution of choice, empowering operators to meet regulatory requirements with precision.
The post Betway extends with Sitebee to uphold compliance excellence across markets appeared first on European Gaming Industry News.
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