Compliance Updates
DGA: Three Orders and One Reprimand Issued to Mr. Green Limited for Breach of the Anti-Money Laundering Act
On April 10th, 2024, the Danish Gambling Authority has issued three orders to Mr. Green Limited for breaching the Anti-Money Laundering Act, on risk assessment, on procedures for internal controls and for failing to ensure that controls are carried out.
On April 10th, 2024, the Danish Gambling Authority has also given Mr. Green Limited a reprimand for breaching the rules on notification in the Anti-Money Laundering Act.
The reactions have been given in connection with the Danish Gambling Authority’s inspection of Mr. Green Limited’s materials that Mr. Green Limited has provided for compliance with the Anti-Money Laundering Act.
Order for insufficient risk assessment
Order (a) is issued because Mr. Green’s risk assessment is insufficient, as no separate risk assessment has been made of the individual identified risks associated with Mr. Green’s business model, including payment solutions, and the risk factors associated with it. It follows from section 7(1) of the Anti-Money Laundering Act that undertakings subject to the Act must identify and assess the risk that the undertaking may be misused for money laundering or terrorist financing. The Danish Gambling Authority’s assesses that the risk assessment must include a separate assessment of the risk of the individual payment solutions and delivery channels, as well as a separate risk assessment of the risk factors associated with these. Thus, Mr. Green did not comply with the risk assessment obligation.
Order for insufficient and lack of business procedures
Order (b) is issued because Mr. Green Limited does not have adequate procedures for internal controls, as these do not describe the interval at which controls should be performed. The order has also been given because Mr. Green Limited does not have written procedures on how to monitor that controls are carried out. It follows from section 8(1) of the Anti-Money Laundering Act that undertakings subject to the Act must have adequate written business procedures, which must include internal control. The business procedures should describe how the listed areas are handled in practice. The requirement for internal control also means that there must be controls of whether the controls are being carried out – in other words, that the controls are being checked. Mr. Green Limited has not sufficiently complied with the commitments on business procedures for controls.
Order for lack of documentation of controls
Order (c) is issued because Mr. Green Limited has not documented that controls have been carried out to verify that the internal controls have been performed. It follows from section 8(1) of the Anti-Money Laundering Act that undertakings subject to the Act must document the controls that have been carried out. Thus, Mr. Green Limited has not complied with the obligations to perform controls to ensure that the internal controls are performed.
Reprimand for not making an immediate notification
Reprimand (a) is given because Mr. Green Limited has in two cases not complied with the requirement for immediate notification to the Money Laundering Secretariat. According to section 26(1) of the Anti-Money Laundering Act, an undertaking must immediately notify the Money Laundering Secretariat if the undertaking knows, suspects or has reasonable grounds to suspect that a transaction, funds or activity is or has been related to money laundering or terrorist financing. Mr. Green has not complied with the notification obligations, as there has been no immediate notification.
Duty to act
The orders entail an obligation to act on the part of Mr. Green Limited. Mr. Green Limited must submit a revised risk assessment within June 10th, 2024.
Mr. Green must also within June 10th, 2024, submit a revised business procedure for internal controls and submit prepared business procedures for how the implementation of controls is monitored.
Mr. Green Limited must also submit documentation within October 10th, 2024, that it has been controlled that the controls have been carried out.
The reprimand does not entail any obligation to act on the part of Mr. Green Limited as the breach no longer exists.
The post DGA: Three Orders and One Reprimand Issued to Mr. Green Limited for Breach of the Anti-Money Laundering Act appeared first on European Gaming Industry News.
Compliance Updates
The legal view: DCMS ban on unlicensed sponsorships
Legal commentary from Richard Bradley, partner at licensing law firm Poppleston Allen, on the most recent news from Lisa Nandy & co.
While the news that the DCMS is launching a consultation this spring on unlicensed operators’ sponsorship of sport teams in the UK may initially seem possible to have a negative impact on advertising revenue for clubs, it actually may provide fuller opportunity for British licensees to step in as sponsors.
The unlicensed sector is not necessarily illegal – if customers in the UK cannot access those websites – however, there are easy bypasses such as a VPN to do so, which takes revenue away from British operators.
Another benefit of the proposed ban is that it provides assurance for customers in the UK that marketing of gambling products via sponsorship is only for those appropriately licensed operators who are subject to the UK’s stringent regulatory standards.
This is also about customer protection as if legal advertising is only of British licensed products, there will be operational safeguards for players in GB, such as social responsibility controls and contractual protections. With the unlicensed sector, there is no guarantee of these sorts of vital player protections.
Finally, the proposed ban also provides tacit support for the licensed gambling industry in the UK and could assist in countering the black market.
The post The legal view: DCMS ban on unlicensed sponsorships appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
UK Government to Ban Unlicensed Gambling Firms from Sponsoring British Sports
The UK Government is consulting on a proposed ban that would prevent unlicensed gambling companies from sponsoring UK sports teams, a move designed to protect consumers from unregulated operators.
The ministers are deeply concerned about the dangers posed by the unlicensed gambling market, which has been linked to organised crime. Unlicensed operators do not adhere to laws and guidelines designed to protect customers, including mandatory financial vulnerability checks, responsible advertising and fair terms. They often lack data protections, leaving customers vulnerable to fraud and identity theft.
The government’s new consultation on sports sponsorship, to be launched this Spring, will mitigate the risks associated with the illegal market, and help eliminate unfair competition for properly regulated firms.
Culture Secretary Lisa Nandy said: “When placing a bet on the big match, fans deserve to know the sites they’re using are properly regulated, with the right protections in place.
“It’s not right that unlicensed gambling operators can sponsor some of our biggest football clubs, raising their profile and potentially drawing fans towards sites that don’t meet our regulatory standards.”
The new measures would mean gambling companies without a UK licence would be restricted from entering into any sponsorship arrangements with sports clubs, including in the Premier League, where a number of clubs currently carry sponsorship from operators not licensed in Great Britain.
Gambling Minister Baroness Twycross said: “We know the real harm that unregulated gambling can cause, exploiting vulnerable people and leaving consumers without the protections they deserve.
“This consultation, alongside the work of our Illegal Gambling Taskforce, shows how seriously this government is taking the issue. We will not hesitate to act where we see people being put at risk.”
This consultation forms part of the government’s separate, wider work to address concerns around gambling. Last month, the government launched an Illegal Gambling Taskforce, bringing together major companies including Google, Mastercard, TikTok and Visa alongside law enforcement and gambling bodies to tackle illegal gambling.
The post UK Government to Ban Unlicensed Gambling Firms from Sponsoring British Sports appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
Compliance Updates
Mindway AI Achieves SOC 2 Type 2 Certification
Mindway AI, a leader in player protection solutions, has announced the attainment of SOC 2 Type 2 certification, further bolstering its commitment to data security and privacy. Combined with its existing ISO 27001 certification, Mindway AI now offers an exceptional security framework, committed to safeguarding client information.
ISO 27001 certification has previously ensured that Mindway AI maintains a robust, continuously improving framework for managing information security risks. Now, with the addition of the SOC 2 certification, Mindway AI not only meets but exceeds industry standards for security, availability and confidentiality. Developed by the American Institute of Certified Public Accountants (AICPA), SOC 2 is an esteemed standard, particularly valued by U.S. and enterprise clients, making it a critical component in procurement processes.
“Achieving SOC 2 Type 2 certification alongside ISO 27001 significantly strengthens our security posture. SOC 2 Type 2 provides independent and ongoing verification of our operations, particularly in North America, assuring clients that their data is managed with the highest care and security standards globally. This new certification is another step forward of many that our business will take to continuously improve standards in player protection solutions,” said Rasmus Kjaergaard, CEO at Mindway AI.
The post Mindway AI Achieves SOC 2 Type 2 Certification appeared first on Eastern European Gaming | Global iGaming & Tech Intelligence Hub.
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