Compliance Updates
The Finnish National Police Board issues prohibition orders and conditional fines of €25k to two Curaçao licenced gambling operators
Article written by Antti Koivula, consulting legal advisor at Legal Gaming
Two Curaçao based gambling operators, Nordic Tech Services N.V. and Viking Technology N.V. (“Companies”) had been aggressively marketing and selling their gambling products via phone for the Finnish customers, which attracted a lot of negative attention among the Finns. Multiple complaints were made for the Finnish Competition and Consumer Authority (“FCCA”) and for the National Police Board (“NPB”) starting from April 2020 and in September 2020 the NPB opened administrative proceedings against the Companies.
The NPB’s communication with the Companies was not fruitful with the Companies underlining the fact that none of their operations were performed from Finland and thus the NPB lacked authority. As the scope of the Finnish Lotteries Act covers foreign gambling operators to the extent their services are available in Finland, the NPB proceeded with the case. In the end of January 2022, the case had proceeded to the point in which the NPB issued prohibition orders and conditional fines for the Companies. There were slight delays with the delivery of the formal decisions and thus the prohibition orders entered into force only in May 2022.
The prohibition orders are in force for 12 months period renewable by a maximum 12 months per time. As the PSP-blocking system in Finland is starting in the beginning of 2023, this means that the Companies will be the first ones to be placed on the payment blocking list (“Blacklist”) if they remain uncompliant. As the NPB has currently several pending cases against MGA licenced operators, it remains to be seen who will be first ones to follow the Curaçao competitors to the Blacklist.
The NPB’s public statement is available in English at:
https://poliisi.fi/-/121lotto-ja-365lotto-lottoarvontojen-markkinointi-ja-myynti-kielletty-suomessa?languageId=en_US
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Compliance Updates
KSA Intensifies its Cooperation with Sports Associations to Combat Illegal Gambling Advertising
The Netherlands Gambling Authority (KSA) has intensified its collaboration with sports associations and clubs to combat illegal gambling advertising. Since the implementation of the ban on untargeted advertising, the KSA has been monitoring advertising by gambling companies more closely. To combat illegal advertising in sports, the KSA is working more closely with sports organisations.
Consultation with sports associations and clubs
After the ban on sports sponsorship came into effect, the KSA (Dutch Sports Federation) wrote to all sports associations about their responsibilities in this regard. The KSA found no significant violations by license holders after the ban was implemented. However, the regulator noted that confusion can arise, for example, when foreign clubs play with the logo of a legal sponsor in that country on their shirts. The KSA supports sports organisations where possible by explaining the rules and providing input on their application.
Positive examples
Several matches have shown that clubs are making efforts to correctly implement the ban. For example, Olympiacos Piraeus played in the CEV Cup match (volleyball) against Draisma Dynamo in Apeldoorn wearing shirts without the logo of a foreign gambling provider.
Consultations were held with the KNVB (Royal Dutch Football Association) before the match between AZ and Jagiellonia Białystok on December 18. The shirts displayed a logo from a score website. This logo differed significantly from that of the gambling provider, and the name was also different. Furthermore, no references to gambling services were found on the score website.
The KSA also sees matches in which players play with blank shirts or with shirts from its own foundation.
Extra supervision at international competitions
There were also situations where the rules were not met. Following matches like the Ajax vs. Internazionale and Go Ahead Eagles vs. Stuttgart matches, letters were sent to the clubs involved. A banner from an unlicensed gambling provider was visible during the Go Ahead Eagles vs. Stuttgart match. However, this gambling provider was not visible in the stadium itself or in the regular Dutch TV broadcast. For international matches, various image recordings are used, which can include virtual billboards. For the Dutch market, the gambling provider was replaced by an alternative advertisement. When distributing a summary in the Netherlands, part of the imagery in which the sponsor message was visible was mistakenly used. As a result, clubs and associations were again reminded of the importance of due care in international productions and summaries.
Continued attention
The KSA continues to consult with sports associations and clubs in the coming period and actively monitor compliance with the ban on untargeted advertising by gambling providers. Enforcement action will be taken where necessary. With this approach, the KSA contributes to a sports environment free of advertising for (illegal) gambling services.
The post KSA Intensifies its Cooperation with Sports Associations to Combat Illegal Gambling Advertising appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
Ireland Minister Jim O’Callaghan Signs Order to Allow GRAI to Begin Issuing Licences
Ireland’s Minister for Justice, Home Affairs and Migration, Jim O’Callaghan has signed an order to commence key aspects of the Gambling Regulation Act 2024 to allow the Gambling Regulatory Authority of Ireland (GRAI) to begin issuing remote and in-person betting licences.
The signing of the commencement order, which comes into effect on Thursday, 5 February 2026, enables the Authority to start accepting and processing applications, and issuing licenses for remote and in-person betting operators. It also commences the necessary enforcement and oversight and complaints mechanisms that underpin the new licensing framework. In addition, the order commences those sections of the Act that amend and repeal existing legislation on the statute book. In particular, it will repeal the Totalisator Act 1929 and the Betting Act 1931.
Minister O’Callaghan said: “Today marks another important step towards replacing Ireland’s outdated gambling laws with a streamlined and simplified licensing framework. This reflects the nature of modern gambling and takes into account the harms associated with problem gambling, by providing safeguards to protect people from those harms, especially children.
“The Authority can issue licences for new entrants as soon as is feasible, licence remote operators from 1 July 2026 and in-person operators from 1 December 2026, when their existing licences, issued by the Office of the Revenue Commissioners, expire.
“The Act provides the Authority with the necessary enforcement powers to take appropriate and focused action where licensees fail to comply with licensing terms, conditions and regulations, and to deal with unlicensed operators, those operating without the correct licence, or those in contravention of the terms of a licence issued by the Authority.”
The post Ireland Minister Jim O’Callaghan Signs Order to Allow GRAI to Begin Issuing Licences appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
Austrian Supreme Court Says Loot Boxes Aren’t Gambling
The Supreme Court of Austria has ruled that loot boxes in Electronic Arts’ FIFA Ultimate Team do not count as gambling under the country’s Gambling Act. A group of plaintiffs had argued that EA’s randomised digital packs offering a chance to obtain rare footballers amounted to unlawful gambling, but the court disagreed.
In the decision, the judges clarified the definition of a game of chance as a “game in which the outcome depends solely or predominantly on chance.” While loot boxes involve a random allocation of items, the judges emphasised that players influence the outcome of the game itself through tactics, strategy and controller skills.
“The plaintiffs have failed to prove that the game in question is one in which the outcome depends exclusively or predominantly on chance,” the judgment states.
The post Austrian Supreme Court Says Loot Boxes Aren’t Gambling appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
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