Compliance Updates
The Finnish Supreme Administrative Court rules that skill-based fantasy sports games belong to Veikkaus monopoly
Article written by Antti Koivula, consulting legal advisor at Legal Gaming
On May 24, 2022 the Finnish Supreme Administrative Court delivered its judgment on IS-Liigapörssi-case (KHO:2022:60), in which the Supreme Administrative Court analysed whether skill-based fantasy sports games are within the scope of the Finnish Lotteries Act (1047/2001) (“Lotteries Act”) and thus belong to the state-owned gambling operator Veikkaus Oy’s (“Veikkaus”) monopoly.
Finland has a statutory gambling monopoly in place, under which Veikkaus has exclusive rights to operate and market gambling. According to the Lotteries Act, all games which include a participation fee, prizes of monetary value and the result is based on chance, are within Veikkaus monopoly. The main question in the case was if it is enough the game to be even remotely based on chance to be within the scope of the Lotteries Act and thus belong to Veikkaus monopoly, and if that was the case, whether the element of chance was present in the skill-based fantasy sports games in question.
IS-Liigapörssi-case concerned popular fantasy sports games in Finland, in which participants form virtual ice hockey teams from real ice hockey players and points were awarded based on the ice hockey players performance on real ice hockey matches. The fantasy sports games included entry fees and prizes and they had been run since 1995 by a Finnish media giant Sanoma Media Finland Oy (“Sanoma”). It was an undeniable fact that skilled and analytical participants who invested a considerable amount of time to the fantasy sports games outperformed participants who picked the players randomly.
The background of the case is lengthy, as the national authorities had tried to shut down the fantasy sports games run by Sanoma for more than a decade. In 2008 the Ministry of the Interior made a request for investigation for the police, which carried out a preliminary investigation. However, in 2010 the National Prosecution Authority (“NPA”) made a non-prosecution decision stating that it was left unresolved whether the Fantasy Sports games in question are within the scope of the Lotteries Act.
In 2017 the gambling enforcement authority, the National Police Board (“NPB”) started administrative proceedings against Sanoma regarding the fantasy sports games and two years later in 2019 the process had reached the point in which the NPB imposed a prohibition order and a conditional fine of EUR 300,000 for Sanoma on the basis that Sanoma was not allowed to run the fantasy sports games as they qualified as gambling. Sanoma appealed to the Helsinki Administrative Court arguing that the fantasy sports games in question were skill-games with which chance had no effect on the results and thus outside the scope of the Lotteries Act, but in 2021 the Helsinki Administrative Court ruled in favour of the NPB. Sanoma appealed to the Supreme Administrative Court.
The Supreme Administrative Court acknowledged that participants knowledge and skills were meaningful in the context of success, but reminded that at the same time random factors outside the participant’s control had a significant importance too. Thus, the chance of winning was at least partially based on luck. As the fantasy sports games also included entry fees and prize money, only Veikkaus was allowed to run them in Finland.
The Supreme Administrative Court’s decision hardly came as a surprise. The Lotteries Act’s definition of gambling is extremely broad, from which a good example is that even an ice fishing competition and an auction were previously deemed to fall within it. Nevertheless, the decision yet further strengthened the NPB’s authority and it remains to be seen what is the next competition or event after which they’ll go next.
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Compliance Updates
Updated FATF Lists of High-risk Jurisdictions
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The Danish Gambling Authority has called attention to FATF’s (Financial Action Task Force) updated lists of high-risk jurisdictions: the Grey List (jurisdictions under increased monitoring) and Black List (call for actions). Among other things, gambling operators must include FATF’s lists of high-risk jurisdictions when risk assessing players.
Jurisdictions listed on the Grey List:
Algeria, Angola, Bolivia, Bulgaria, Cameroon, the Ivory Coast, DR Congo, Haiti, Kenya, Laos, Lebanon, Monaco, Namibia, Nepal, South Sudan, Syria, Venezuela, Vietnam, the Virgin Islands and Yemen.
Jurisdictions listed on the Black List:
Democratic People’s Republic of Korea, Iran and Myanmar
Gambling operators are required to conduct enhanced customer due diligence (EDD) pursuant to section 17(1) of the Danish AML Act, if a player is assessed to impose a higher risk of the gambling operator being misused for money laundering or terrorist financing.
Gambling operators shall conduct this risk assessment based on Annex 3 to the AML Act (high-risk factors) which includes the FATF high-risk country lists (the so called black list and grey list)
It is not required that gambling operators perform EDD if a country is listed on the FATF’s list. EDD are only a requirement for players from jurisdictions listed in the EU Regulation of High Risk Third Country list pursuant to. 17(2) of the AML Act.
The post Updated FATF Lists of High-risk Jurisdictions appeared first on European Gaming Industry News.
bingo
Spillemyndigheden: New licence type coming soon: Bingo via walkie-talkie and local radio
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Soon it may be possible to play bingo via walkie-talkie and on local radios. A bill is currently being considered by the Danish Parliament to introduce a new type of licence for bingo via walkie-talkie and local radio. The Danish Gambling Authority expects the rules to come into force as early as 1 January 2026.
If the bill is passed, providers of walkie-talkie bingo and local radio will be able to apply for a licence from 1 January 2026. The Danish Gambling Authority will update this news article when the rules are finally adopted.
How to apply for a licence
If you want to offer bingo via walkie-talkie or radio, you need a licence from the Danish Gambling Authority. You can expect to apply as early as 1 January 2026.
When applying for a licence, you must use the form “Apply for a walkie-talkie or radio bingo licence” (no. 1-02). The form will be available on the page “revenue-restricted licenses”.
The application form will also be published in a digital version, but it will not be available on virk.dk until January.
The Danish Gambling Authority strives to process all applications as quickly as possible.
As an applicant, you will be assigned a contact person who can guide you through the legislation during the application process. The contact person will generally remain the same throughout the period of validity of your licence.
Report on the first year of offering games
Licences for radio and walkie-talkie bingo are regulated by the Gambling Act and the Executive Order on Online Casino. The legislation sets out a number of requirements for licensed gambling operators. Among other things, the licence holder must complete a report on the first year of offering gambling.
The report is prepared one year after the licence has been put into use and must be sent to the Danish Gambling Authority no later than 14 months after the date when the licence has been put into use.
The licence holder can fill out the report themselves.
The report must account for how the licence holder has provided gambling in accordance with the conditions of the licence and legislation during the past year.
The report template will be available on the Danish Gambling Authority’s website as form no. 1-04.
The post Spillemyndigheden: New licence type coming soon: Bingo via walkie-talkie and local radio appeared first on European Gaming Industry News.
Andrew Jackson
Scientific Games Adds to Information and Security Management Certifications, Continues Setting Global Industry Gold Standard
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Scientific Games’ UK, Channel Islands and Ireland facilities are the latest in the company’s global operations to achieve international certifications, further strengthening its information security framework and commitment to setting the lottery industry’s gold standard for integrity. The newest certifications are from the World Lottery Association and the British Standards Institute, as Scientific Games continues to expand its business serving government-regulated lotteries worldwide.
Scientific Games’ new National Logistics Centre in Warrington, UK serving The National Lottery, SG Studios digital game development center in Jersey, Channel Islands and lottery retailer technology facility in Ireland have earned certification to the WLA’s Level 2 Security Control Standard. This international security standard for WLA members specifies the required practices for an effective security management structure to maintain the integrity, availability and confidentiality of information vital to the company’s secure operation.
All three facilities also earned a Certificate of Registration for Information Security Management System, achieving the International Standards Organization’s ISO/IEC 27001:2022, the world’s best-known standard for information security management systems. This certification confirms that Scientific Games has implemented a comprehensive framework to manage risks related to data security in accordance with internationally recognised best practices and principles.
“Earning these certifications is about much more than compliance—it’s about trust. Our customers and their players rely on us to protect data and uphold the integrity of every transaction. These certifications reflect the dedications of our teams in the UK, Channel Islands and Ireland, and across our worldwide operations, to maintaining the highest standards of excellence when it comes to information security,” said Andrew Jackson, VP of Corporate Responsibility for Scientific Games.
Scientific Games has also achieved international certifications for operational best practices, including Quality Management Systems (ISO: 9001), Environmental Management (ISO: 14001), Occupational Health and Safety (ISO: 45001) and the World Lottery Association’s Responsible Gaming certification.
With operations spanning five continents and serving 150 lotteries in 50 countries, Scientific Games earned its latest information security management certifications following an extensive independent, international auditing process.
The post Scientific Games Adds to Information and Security Management Certifications, Continues Setting Global Industry Gold Standard appeared first on European Gaming Industry News.
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