Compliance Updates

Update: Eurosport Fined for Gambling Ads

Published

2 years ago

December 6, 2021

Reading Time: 2 minutes

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.

Compliance Updates

Department of Trust set to meet challenges of new affordability checks

Published

17 hours ago

May 2, 2024

Zoltan Tundik

department-of-trust-set-to-meet-challenges-of-new-affordability-checks

Reading Time: 2 minutes

Department of Trust (dotrust.co.uk), the award-winning provider of financial risk assessments for safer gambling is poised to meet the challenges of the newly announced regulations on frictionless financial checks by the UK Gambling Commission and Betting and Gaming Council.

Under the new rules published by the Gambling Commission, operators have until August 30^th to implement frictionless checks on all customers making £500 net deposits in any rolling 30-day period. These frictionless checks form part of a new regime designed to protect players at risk of financial harm and replace the current ad hoc approach to affordability checks.

Department of Trust also welcomes the interim voluntary code published today by the Betting and Gaming Council (BGC), the standards body representing over 90% of UK-regulated market operators. This code focuses on how responsible operators should support customers spending above the lower threshold set out by the Gambling Commission.

The supplier’s DoTrust Complete solution offers an integrated suite of frictionless and enhanced financial risk checks with a high level of automation capability -the only such tool built solely for safer gambling – and is perfectly positioned to help businesses navigate the newly regulated waters.

Charles Cohen, CEO of Department of Trust, said: “These important announcements flag the end of gambling’s ‘sus law’ where players faced seemingly arbitrary requests for personal information, operators were placed under a significant burden, and no one won

“We now know that in 120 days, every operator will need to perform frictionless checks on all players with net deposits in a 30-day rolling period of £500. A few months later this will fall to a much lower level.

“If operators want to protect their business, keep their customers and reduce costs, smart automation is the only answer.

“Department of Trust has spent over two years building the leading plug-and-play solution specifically for the gambling industry. Complete already automates over 90% of the processes required in both the new LCCP and BGC code. Now we know what the requirement will be, we are today committing to the goal of 100%. We want every operator and player to have instant assessments and sensible decisions cost-effectively. No one needs to lose sleep over this.”.

The post Department of Trust set to meet challenges of new affordability checks appeared first on European Gaming Industry News.

Argentina

Play’n GO breaks new ground with entrance into third Argentinian province

Published

18 hours ago

May 2, 2024

GamingAmericas.com

play’n-go-breaks-new-ground-with-entrance-into-third-argentinian-province

Swedish gaming giants’ games now available in the province of Córdoba’s newly regulated market

Play’n GO, the world’s leading casino entertainment provider, has today announced their expansion into yet another new regulated market, as the Swedish gaming giant has agreed a partnership with Betsson in the province of Córdoba, Argentina.

Argentina is currently in a process of regulation for online gaming purposes on a province-by-province basis, and the partnership with Betsson sees Play’n GO enter yet another regulated market, keeping up the momentum from 2023 that saw the company expand its global reach.

This announcement sees Betsson’s players in Córdoba gain access to Play’n GO’s entire catalogue of games, including classics such as Book of Dead, Reactoonz, and Moon Princess.

This announcement is a signal of intent from Play’n GO, who reiterate their commitment to be present in every regulated market in the world.

Michele Stefanelli, Sales Leader, LATAM and Southern Europe, Play’n GO said: “Our first foray into a new region is always exciting for us, and we’re looking forward to a successful partnership with Betsson in Córdoba. Players around the world, and especially in the LATAM region, have already shown their fondness for our content, and we’re quietly confident that this new region will be no different. We are on record with our commitment to a safe, regulated industry, and we’re very pleased to see that approach rolled out globally by lawmakers and operators alike.”

Maximiliano Bellio, Managing Director Betsson Argentina, added: “We’re pleased to welcome Play’n GO to the Betsson family here in the Córdoba region, and we look forward to many years of success together. Like Play’n GO, Betsson is committed to a sustainable industry model, so this partnership makes perfect sense for both parties. We’re sure our players will be as excited as we are once they start playing these games that have proven so popular around the world, so let’s get started.”

Play’n GO’s games are already available in the autonomous city of Buenos Aires and Buenos Aires Province within Argentina’s federal system.

Amazon Web Services (AWS)

OpenBet bolsters compliance technologies with the launch of geolocation product, OpenBet Locator™, powered by Amazon Web Services (AWS)

Published

18 hours ago

May 2, 2024

GamingAmericas.com

openbet-bolsters-compliance-technologies-with-the-launch-of-geolocation-product,-openbet-locator,-powered-by-amazon-web-services-(aws)

OpenBet Locator provides a highly flexible, low latency and scalable alternative for global betting and gaming marketplace

OpenBet, a leading content, platform and service provider to the global betting industry, has bolstered its modular product portfolio with the launch of its new flexible and scalable geolocation product – OpenBet Locator.

Built on the backbone of Amazon Web Services (AWS), OpenBet’s strategic cloud provider, OpenBet Locator is a low latency solution that enables operators worldwide to locate, promote to, and monitor customers, remaining fully compliant with regulatory requirements.

The technology strengthens OpenBet’s reputation for market-leading player protection and compliance following the company’s acquisition of Neccton in 2023. With OpenBet’s regulatory reach and multiple licenses, brands will be able to ensure seamless and swift integration of its trusted and compliant technology into their ecosystem.

Initially targeting the North American market, the solution will feature a number of components, such as:

Fully flexible geo-fence management and high precision location tracking
Fraud prevention combined with real-time virtual private network (VPN) and location spoofing detection
Player targeting for customer relationship management (CRM), data analysis and in-venue promotions
Multi-tenanted solution that supports travelling wallet
Easy and flexible configuration options to streamline business operations workflows

The product is underpinned by OpenBet’s unrivalled expertise within the global betting industry and is designed to remove the friction of geolocation to the end-customer’s onboarding process.

Jordan Levin, CEO of OpenBet, said: “Introducing OpenBet Locator is an exciting move for us and takes our modular product offering to a new level. Built in-house and leveraging AWS technology, we have developed a strong proposition that can be tailored to meet unique business needs.

“As a pioneer within the global sports betting arena for over 25 years, we have an in-depth understanding of the challenges and opportunities operators face within highly regulated markets. OpenBet Locator is a scalable, compliant and dependable geolocation solution that removes the barriers to operators’ success.”