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Swedish regulator continues legal battle with Svenska Spel

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There’s set to be a new chapter in the longstanding legal battle between the Swedish gambling regulator Spelinspektionen and the operator Svenska Spel Sport & Casino AB.

The regulator has appealed a court decision that saw the operator successfully challenge a SEK 100m penalty fee (approximately £7.7m) for duty of care failures.

Spelinspektionen is appealing the decision of the Administrative Court in Linköping to the Court of Appeal in Jönköping as it believes it conflicts with previous court decisions, as well as the authority’s scope of the duty of care assessment.

Administrative Court sides with Svenska Spel

Back in March last year, Svenska Spel was issued a warning and a penalty fee by the Swedish authority following an audit of the operator in 2021, in which the authority stated that the operator had not fulfilled its obligations under Chapter 14, Section 1 of the Gambling Act, specifically the duty of care supervision.

Spelinspektionen said Svenska Spel didn’t work actively or proactively enough to protect ten customers who showed signs of potential gambling harm between 17 October and 17 December 2021, issuing a warning and a penalty fee of SEK 100m as a result.

Appealing to the administrative court, Svenska Spel said it did meet the requirements of Chapter 14, Section 1 of the Gambling Act, continuously monitors its customers’ gambling behaviour and takes action to help players reduce their gambling when necessary.

The operator added that as the constitution doesn’t state which measures should be taken and when, its own measures should therefore “be considered sufficient when examining whether there were grounds for intervention”.

Siding with the operator, the Administrative Court disagreed with Spelinspektionen‘s assessment based on the “legality principle”, which states that an authority may only take measures that are supported by the legal order and that it must be “sufficiently clear” what individuals must do to avoid a penalty.

Assessed in a ‘completely different way’

The Administrative Court’s judgment can be appealed by Spelinspektionen to the Court of Appeal, which is what the regulator has decided to do, arguing that the Administrative Court’s decision conflicts with previous court decisions and the authority’s scope of the duty of care assessment.

In a statement, the authority said: “The Administrative Court’s judgment incorrectly assumes that the duty of care under Chapter 14, Section 1 of the Gambling Act does not contain any concrete directives for action. The Swedish Gambling Authority considers that the provision places clear requirements on a licensee.

“A licensee must promptly take active measures to protect players against excessive gambling. A licensee must also continuously monitor extensive gambling and, if necessary, take measures at the same pace as the gambling occurs. A licensee must also voluntarily limit gambling to counteract the damage that excessive gambling can cause.

“The customers examined, one of whom was a young person, have gambled extensively and lost significant amounts over a short period of time. Over two months, the losses have amounted to between SEK 260,000 and SEK 600,000. In some cases, the losses correspond to a large part of the customer’s taxable annual income.

“The company’s measures have mainly consisted of warnings and informative messages. The Swedish Gambling Authority assesses that Svenska Spel Sport & Casino has neither continuously followed up on the customers examined nor taken necessary and individualised measures to limit their gambling.

“The Swedish Gambling Authority believes that the Administrative Court has assessed Svenska Spel Sport & Casino in a completely different way than other sanctioned licensees. The Swedish Gambling Authority is therefore appealing the Administrative Court’s ruling to the Court of Appeal.”

‘Greater clarity’

The interpretation of the duty of care under Chapter 14, Section 1 of the Gambling Act has already been raised by Svenska Spel, who called for clarification regarding its interpretation when they reacted to the Administrative Court’s decision earlier this month.

“It is gratifying that the Administrative Court upholds our appeal and overturns the decision of the Swedish Gambling Authority,” commented Fredrik Wastenson, CEO and Business Area Manager at Svenska Spel Sport & Casino AB.

“We appealed because we believe that the penalty fee is disproportionate in relation to the shortcomings and because there is a need to create greater clarity in the interpretation of the duty of care. We believe that the authority may only take measures that are supported by the legal order, the so-called principle of legality, which the court has also stated.”

Compliance

Spelinspektionen has also recently undertaken a review of three operators – AB Trotting and Galloping, Svenska Spel and Lotto Direct Limited – who will be checked for compliance with the provision on the notification obligation according to Chapter 11, section three of the country’s Gambling Act.

Chapter 11, section three of the Gambling Act requires licence holders to notify the gambling authority if they become aware of changes concerning their application or registration of a gambling agent.

The gambling authority stated that once the review has been completed, the results will be published with a link to a decision if intervention is necessary.

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Casino Days hit with AGCO penalty for ‘deceptive’ bonus offer

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The Alcohol and Gaming Commission of Ontario (AGCO) has sanctioned Casino Days for promoting a deceptive bonus on its platform.

In a statement, the regulator confirmed it had hit Well Played Media, Unipessoal LDA, the operator of Casino Days, with a $54,000 financial penalty following a complaint from a customer that more than $8,500 had been confiscated by Casino Days from his account.

The subsequent investigation discovered a welcome bonus offer that allegedly encouraged high-risk behaviour and failed to disclose key terms properly.

According to the AGCO, the offer, which promised new players up to $2,000, carried a number of stipulations that had to be met to receive the bonus.

Players had to deposit $2,000 of their own money, wager $70,000, with each wager at or under $5, and complete all wagering requirements within seven days.

As a result, the AGCO’s analysis revealed that the average player would lose $3,640 trying to earn the $2,000 bonus. In addition, investigators found that some of the terms of the offer were difficult to find and “buried behind multiple links on the site”.

Dr Karin Schnarr, CEO and registrar of the AGCO, commented: “An offer that requires a player to sustain substantial losses for a perceived benefit is not a fair offer. This penalty sends a clear signal that we will not hesitate to take action against operators who fail to meet their obligations to protect Ontario players.”

AGCO rules state that licensed operators must not offer bonus promotions that encourage harmful gambling behaviour and fail to disclose key conditions appropriately. They also must refrain from offering bonuses that cannot be reasonably attained without significant gambling losses.

“Player protection is a non-negotiable priority for the AGCO. We expect operators to be truthful and transparent about their promotions, and we also require them to ensure that those promotions do not encourage reckless or harmful patterns of play,” added Schnarr.

Casino Days has the right to appeal the decision to the independent Licence Appeal Tribunal (LAT).

Strong regulatory action

The penalty handed to Casino Days continues the AGCO’s strong action against malpractice within its jurisdiction.

In April, the Great Canadian Casino Resort Toronto was given a $120,000 penalty for failing to recognise alleged collusion between a group of casino patrons and two table game dealers.

Meanwhile, BetMGM Canada also fell foul of the AGCO’s rules when it was discovered that two of its marketing affiliates had offered cash incentives for new customers who signed up and placed a deposit.

The AGCO’s regulations expressly forbid operators from publicly advertising sign-up bonuses or any other inducements designed to attract new players.

BetMGM acknowledged that its affiliates had engaged in prohibited marketing and paid a fine of $110,000.

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Swedish government plans expanded credit ban

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The Swedish government is pursuing the expansion of its ban on gambling with credit in a bid to enhance player protection in the country.

Under the new legislation, which would come into force on 1 April 2026, licensed operators will be prohibited from accepting any bet financed with borrowed money, whether through credit cards or third-party credit providers.

Sweden’s government said the proposal seeks to build on the “limited scope” of the current credit ban within the country’s Gambling Act, which only covers credits offered or provided directly by gaming companies and gambling agents.

“You simply should not bet with borrowed money,” Sweden’s Finance Minister, Niklas Wykman, told reporters at a press conference.

Expanded legislation

Implementation of a full credit ban remains somewhat challenging, however, as a result of the new framework, licensees and gambling agents must not enable players to enter into credit agreements with other parties when purchasing the game, for example, by linking to creditors in connection with online gambling.

In addition, they must not accept gambling bets if they know that the player is funding their gambling with credit, or accept payment by a credit card if it can immediately be determined at the time of purchase that it is a credit card payment.

These stipulations, which are set to be reviewed by the legislative council, will apply to both online and retail gaming.

Alongside the new protections, licensees will also be required to take measures to counteract gambling on credit through means such as information signs in stores or clear messages online.

Swedish regulator targets influencers

Elsewhere in Sweden, the country’s gambling authority, Spelinspektionen, has conducted a major crackdown on influencers promoting illegal gambling operators.

The regulatory body initiated supervision against several influencers who were found to have marketed illegal gambling through their online channels, predominantly on the video-sharing platform Twitch.

Spelinspektionen explained in a statement that the action forms part of a wider operational plan to focus on “young people’s gambling and illegal gambling” in 2025.

“The Swedish Gambling Authority will continue to conduct supervision against influencers and other actors who conduct or promote illegal gambling under the Gambling Act,” the regulator added.

Following the supervision, Spelinspektionen confirmed that the influencers in question had stopped marketing illegal gambling.

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Swedish regulator targets influencers in illegal gambling battle

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The Swedish Gambling Authority, Spelinspektionen, has conducted a major crackdown on influencers promoting illegal gambling operators.

According to the regulatory body, it initiated supervision against several influencers who were found to have marketed illegal gambling through their online channels, predominantly on the video-sharing platform Twitch.

The marketing of illegal gambling activities, if aimed at Swedish customers, is prohibited under the country’s Gambling Act.

Spelinspektionen explained in a statement that its operational plan for the year is to focus on “young people’s gambling and illegal gambling”.

“The Swedish Gambling Authority will continue to conduct supervision against influencers and other actors who conduct or promote illegal gambling under the Gambling Act,” the regulator added.

Following the supervision, Spelinspektionen confirmed that the influencers in question had stopped marketing illegal gambling.

A global issue

Sweden’s focus on advertising standards follows a focus on influencer advertising that has been witnessed in many jurisdictions around the world.

Most recently, Kenya’s regulator, the Betting Control and Licensing Board (BCLC), published a strict set of rules on advertising, which include a ban on using influencers and content creators to promote gambling.

Meanwhile, the Brazilian market hit the headlines following testimony from the beauty and lifestyle influencer, Virginia Fonseca. When questioned by Senators, Fonseca appeared to demonstrate a lack of knowledge about the gaming products she was advertising, underpinning the need for clarity in the newly regulated markets’ advertising policy.

Alongside regulators, the streaming platforms that are at the heart of the advertising efforts have also undertaken policy changes to try and target the promotion of illegal gambling operators.

YouTube toughened its guidelines on content related to gambling, prohibiting the promotion of “unapproved” websites by creators.

In the case of gambling sites, this refers to those that don’t meet local requirements and haven’t been reviewed by YouTube or parent company Google.

Twitch updated its policy towards certain gambling-related content in 2022, announcing a ban on the streaming of gambling sites not licensed in the US or other jurisdictions that “provide sufficient consumer protection”.

However, such a policy does not stretch to creators promoting illegal gambling sites through advertisements.

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ASA raps Ladbrokes for ‘Ladbucks’ social currency ad with under-18s appeal

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The Advertising Standards Agency (ASA) has upheld two complaints against Ladbrokes for an advertisement that was deemed to be of strong appeal to those under the age of 18 and in breach of the BCAP and CAP Code.

The advert in question from the Entain brand featured ‘Ladbucks’, the operator’s free-to-play games currency, and was aired on TV and video-on-demand on 17 December 2024 and 23 December 2024, respectively.

Imagery of coins with the initials ‘Lb’ was shown in the advert, alongside text that said “100m LADBUCKS”, FREE BETS” and “FREE SPINS”.

A voiceover in the advert stated: “This is a Ladbuck, the new way to get rewarded at Ladbrokes, and these are some of the 100 million Ladbucks that will be dropping weekly. Collect them on our free-to-play games and choose rewards like free spins, free bets and more.

“Over 100 million Ladbucks dropping every single week. Plus, you can even use them to play your favourite games for free in our Ladbucks arcade. Like Fishin Frenzy and Goldstrike. Start collecting at Ladbrokes.com.”

Ladbrokes contests Ladbucks’ appeal to minors

The reason why it is believed the term ‘Ladbucks’ could be of strong appeal to minors is because of its similarities to the in-game currencies of ‘V-bucks’ from Fortnite and ‘Robux’ from Roblox, two games popular with under-18s.

Ladbrokes argued that Ladbucks could only be used by logged-in, verified users over 18, couldn’t be purchased, had no monetary value, expired if not used, lacked a general market value with an exchange rate, and couldn’t be universally used across all products on its website.

Additionally, the Entain brand said each eligible product or offer had a set value, which was in contrast to in-game currency products, and that the term ‘Ladbucks’ was a play on the word Ladbrokes.

The operator argued that the term ‘bucks’ is “known as a colloquialism for dollars and was widely used to refer to money or a unit of currency in many contexts, which included video games”, had no origins in youth culture, and they believed it wasn’t of inherent strong appeal to under-18s.

Ladbrokes noted that both ads “had targeting restrictions to reduce the likelihood of children viewing them” and believed the term “was not associated with any coins from videogames which were popular with under-18s”.

It was highlighted by the operator that ‘V-bucks’ from Fortnite and ‘Robux’ from Roblox were in-game currencies that had to be purchased before being used to buy in-game items, certain elements of Robux required parental consent, and the purchaser of subscription services must be over 18.

As a result, Ladbrokes said the term bucks was the only similarity between those coins and Ladbucks, adding that the rewards programme was reviewed in its entirety with a conclusion that there was no risk of the term being associated with Fortnite or Roblox.

The operator also argued that other industries use reward schemes and that using poker chip imagery was suitable for a licensed gambling operator, and so argued that there was nothing in the advert’s imagery and content that shared similarities with either of the games.

The Entain brand also mentioned that they didn’t believe the term ‘lad’ “referred to a boy or young man”, and said their brand had never been used in that context, that Clearcast didn’t believe the term ‘Ladbucks’ appealed strongly to children or that the tokens were similar to in-game currencies.

Meanwhile, the broadcaster that showed the advert on its streaming service, Channel 4, believed the advert was compliant with the code.

ASA upholds complaints

In response, the ASA believed the Ladbucks name and appearance could be of appeal to minors due to their similarities to the in-game currencies of ‘V-bucks’ from Fortnite and ‘Robux’ from Roblox and how many under 18s play video games.

The agency also stated that Ladbucks, through the suffix ‘bucks’, had strong similarities with in-game currencies Robux and V-bucks because the latter Fortnite currency is a shortened version of ‘Vindertech’ bucks, which was a fictional company in the video game, and so similarly constructed.

Regarding the term ‘lad’, the ASA disagreed with Ladbrokes and said the term ‘lad’ was a colloquial term for a boy or young man, and so in the ad’s context alongside the word buck, it would have been recognised and of appeal to some minors.

In addition, the ASA noted that the Ladbuck poker chip design has the same characteristics as the V-buck, while the Robux’s previous iteration was also of a similar appearance.

Although Ladbrokes’ position as a gambling operator was acknowledged as a reason behind the design, the ASA stated that it was not poker chip imagery in isolation, but the token’s imagery alongside the term Ladbucks that was likely to have been perceived by many under-18s as similar to video game in-game currencies that are of strong appeal to minors.

It was also noted that the use of Ladbucks in an online store and arcade was “likely to be reminiscent of the way in-game currencies Robux and V-bucks were used” and therefore increase its appeal to minors.

The ASA stated: “For those reasons, we concluded the name Ladbucks, when considered alongside the imagery and the application of the coin in the ads, was depicted in a manner which was similar to features in video games popular with children. We therefore considered the term in the ads was likely to be of strong appeal to under-18s and breached the Code.”

The agency added that the adverts must not appear again in their current form, and Ladbrokes has been told not to feature content in their adverts that has a strong appeal to under-18s or is reflective of youth culture.

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Kenya influencer ban “hypocrisy rather than regulation”

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Content creators in Kenya have hit back at a ban on the use of influencers in gambling advertising, citing the economic consequences of the new regulation.

Following a 30-day ad blackout implemented on 29 April, Kenya’s Betting Control and Licensing Board (BCLB) published an extensive list of rules that operators must follow, including refraining from using celebrities, influencers and content creators to endorse or promote gambling.

In response to the ban, a group of content creators issued an ultimatum to the BCLB, demanding a rethink of the regulation.

Advocate Hansen Omido told reporters that given social media’s prominence in modern-day advertising, marketing by influencers “needs to be responsibly managed and not completely abolished”.

“A blanket ban cannot be the solution. It is a blow to the creative economy and to the thousands of young people whose livelihoods depend on producing digital content,” Omido added.

Alongside a ban on the use of influencers and celebrities, all proposed adverts must be approved by the BCLB before publication and also classified by the Kenya Film Classification Board (KFCB).

The advertising practices of operators will also be subjected to regular audits by the BCLB and the KFCB, as well as by Kenya’s Media Council, Communications Authority and the Directorate of Criminal Investigations.

Social media influencer ‘YY Comedian’ described the decision as hypocritical and unfair, noting that influencers have been targeted while the mainstream media is still allowed to promote betting.

“If the goal is to regulate and help the youth, why target one segment only?” he questioned. “This looks more like hypocrisy than regulation, and we are ready to engage in conversatout responsible oversight, but not at the expense of fairness.”

Sports journalist Erick Njiru also noted that many of Kenya’s sports teams are sponsored by betting firms, meaning that the players are associated with gambling operators.

He said: “The players themselves are celebrities and their association with betting is a significant part of the sports ecosystem. Let us sit down and discuss how we can regulate this industry responsibly, just like alcohol and cigarette advertising, which is done within safe hours and with proper restrictions.”

Despite issuing a 48-hour ultimatum on 4 June, the Kenyan government or BCLB has yet to respond to the content creators’ concerns.

The clampdown on advertising, particularly focused on protecting youth from exposure to gambling, comes into place as Kenya continues to stand out as a market with large betting engagement.

Last week, a GeoPoll study revealed that the country had the largest betting engagement among markets in Africa, with 82.81% of respondents from Kenya having engaged with gambling products previously.

The figure underpins both the potential of the market and the tricky regulatory questions that the BCLB are being forced to contend with as the sector continues to grow.

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Dutch regulator emphasises operator collaboration for stable market

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Renske Fikkers, Head of the Regulatory Department at the Dutch gambling authority Kansspelautoriteit (KSA), has emphasised the importance of collaboration between the regulator and the operators in the country’s market in tackling key issues.

Speaking at this week’s Gaming in Holland conference, Fikkers highlighted the cooperation between operators and the regulators on matters relating to strengthening regulations, consumer protection, compliance, illegal gambling and the public’s perception of gambling.

‘Fundamental change of direction’

For consumer protection, Fikkers stated that operators should expect laws and regulations to become stricter to help protect all people from the negative effects of gambling, especially vulnerable groups. As such, a “fundamental change of direction” is taking place.

Fikkers said: “This change of direction is partly driven by the idea that current policies do not currently protect people adequately. This simply means one thing: laws and regulations will become stricter and operators’ room for manoeuvre will be further restricted.

“There is talk of raising the minimum age to 21 for high-risk gambling, and overarching deposit limits. Advertising for high-risk gambling may also be further restricted.”

Fikkers added that the point of the legal market was to provide players with a safe place to gamble, away from the illegal market, as well as make it an attractive market for operator investment.

“Operating legally has to be profitable. But politicians are increasingly backtracking on that premise, partly because of what we are seeing in your organisations.”

Duty of care and cooperation

Fikkers then spotlighted the KSA’s first duty of care fine, in which an operator was fined €734,000 for allowing young adults to “gamble away tens of thousands of euros without adequate intervention”. Advertising was added into the same bracket, with a warning issued that a total ban could occur if things don’t improve, despite it being “undesirable as far as the KSA is concerned”.

However, praise was also given to operators who have gone above and beyond the set policy rules to protect their players, as well as the industry’s cooperative attitude.

Fikkers noted that the Dutch regulator has been experimenting with roundtable discussions throughout the past year, creating conversations of “great value” but also an understanding of the obstacles seen when measures are put in place.

This is part of the KSA’s ‘regulator 2.0’ direction, moving away from a regulator that is just focused on infringements and fines, and towards becoming an open and flexible regulator that can produce solutions.

Fikkers said: “We understand that imposed measures sometimes require adaptability and that post-implementation there are obstacles or ambiguities that we could not have anticipated beforehand. Being able to have an open conversation about that helps us further strengthen our regulation.

“We also have more frequent direct contact with operators in that context. When we come across things we have questions about or are dissatisfied with, we engage immediately. I see that these talks have a lot of effect; infringements are quickly stopped and communicating openly about them sets an example for other operators as well.”

The way in which the KSA has stepped up its role in consumer protection was also brought to attention, including the setting up of an internal programme to prevent gambling-related harm, improvements to Loket Kansspel, awareness campaigns, and targeted Gokstop campaigns for Cruks Register awareness.

“In the reorganisation later this year, we will turn this gambling-related harm programme into its own, independent department, so that we can make even greater strides in player protection.”

Illegal market

Regarding the illegal market, Fikkers again made a call to operators for collaboration as it is an “undiminished high priority”.

“It is important to cooperate to battle the illegal market: the channelisation rate based on gross gambling revenue is worryingly low at 50%. For every euro spent at legal operators, one euro disappears into the pocket of illegal parties at the same time.

“Fortunately, player-based channelisation is as high as ever at 92%, but we remain keen on developments in that area.”

A new project to frustrate illegal operators’ infrastructure is going ahead, which will see techniques used by illegal parties utilised by the KSA themselves. Focus will also be placed on websites promoting illegal offers and adverts for such illegal operators on social media.

“We also cut off access to illegal gambling where possible by working more closely with service providers, for example. Because illegal gambling also simply starts with being able to deposit money. Thus, together, we are making unlicensed offers to Dutch players as unattractive as possible.

“On top of that, we are working together with the ministry to increase our possibilities to become even more effective.”

Future

Fikkers concluded by talking about the upcoming licensing round for the Dutch gambling market in 2026 and beyond, noting that an operator’s past performance will be considered in evaluations.

“With the significant steps we are now taking as an organisation, we are making every effort to better protect consumers. We will do that by looking with you at enhancing the duty of care, by making consumers aware of the dangers of gambling and better informing problem players, and by cracking down harder on the illegal market.

“By focusing on those three pillars, we are working towards a stable, safe gambling market that is worthwhile for operators but that focuses above all on the safety of Dutch players.”

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New Zealand outlines NZ$81m gambling harm prevention strategy

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The Government of New Zealand has outlined its new strategy to prevent and minimise gambling harm, which will involve investing more than NZ$81m in various components of the services available to those affected in the country.

Matt Doocey, Minister for Mental Health, has said in a statement that the investment will help to improve support access, strengthen prevention and early intervention and reduce the impact of gambling-related harm.

To make sure the strategy is having the desired effect, an independent review in 2025/26 will also take place so that the Government can analyse what is working and what needs to be changed.

Doocey said: “The strategy focuses on delivering timely, effective support for individuals, families and communities affected by gambling harm. Key areas of investment include increasing access to treatment and support, improving prevention and early intervention initiatives, and improving the effectiveness of support for those experiencing gambling harm.

As part of the strategy, 18 additional clinical internship places will be created to become part of the gambling harm workforce, working closely with supervisors in clinical settings to develop gambling harm expertise.

“This approach is necessary to bridge the gap between education and work and will give interns the practical experience needed to help people affected by gambling harm,” noted Doocey.

“Not only will this ensure more people can access help, but this will also support people who could otherwise struggle to meet the requirements to become registered clinicians.

“One in five New Zealanders will be affected by gambling harm in their lifetime—either directly or through someone they know. This can have devastating effects not only on individuals, but also on their families and wider communities.”

The Government developed its strategy to tackle gambling harm through a two-stage consultation process which included the opinions of people with lived experience.

Doocey concluded: “I want to thank those who shared their experiences with us. You’ve helped ensure this strategy is reflective of real-life experiences and have helped to ground the strategy with a strong understanding of what support works best for you and our communities.”

Online casino contributions

New Zealand’s gambling harm support services will be funded through the new Problem Gambling Levy Regulations and paid by non-casino gaming machine operators, casinos, TAB NZ and Lotto NZ.

Doocey also detailed that work is taking place to determine how online casino operators will contribute under upcoming regulations, which are expected to be in place by early 2026.

Online casinos are being regulated in New Zealand as part of the Government’s plans to minimise harm, support tax collection and provide consumer protections to New Zealanders.

As part of the country’s online casino framework, up to 15 three-year licences are expected to be available for operators via an auction. The online gambling bill is forecasted to progress through Parliament this year, with the Department of Internal Affairs being the regulator of the online casino market.

Reece Calderbank, Global Sales Director at Delasport, recently assessed the potential of New Zealand’s incoming iGaming regulatory framework for iGaming Expert, describing the sector as standing “at the threshold of a pivotal transformation”.

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Belgian rule change fuels black market participation

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A new study has revealed that a major change to Belgium’s gambling legislation has fuelled engagement in the black market.

In September 2021, Belgium officially raised the minimum age for all forms of gambling to 21, however, the legislation appears to have had an adverse impact on thwarting the black market.

According to a report commissioned by the Belgian Association of Gaming Operators (BAGO), participation in the black market among young people aged 18-21 has risen to 65%, a 15% increase since the rule change was implemented.

Overall, the study found that one in four Belgian players access unlicensed gaming platforms, a figure that had led BAGO’s Chair, Tom De Clerq, to warn that the country “risks losing control of its gambling market”.

“We are on a slippery slope,” he said. “While licensed gambling sites are subject to strict rules, invest in responsible gaming and actively protect players, illegal operators are given free rein. And that has consequences: more and more people, especially young people and vulnerable target groups, end up in an illegal circuit without rules, without control and without protection.”

Perhaps most worryingly, the report also notes that almost half (47%) of those who had excluded themselves from gaming had begun again through illegal channels.

This highlights, according to BAGO, the danger of the black market given that it operates outside the country’s legal framework and does not offer any forms of player protection measures, such as age verification, registration to Belgium’s self-exclusion programme or deposit limits.

BAGO has attributed the rise of the black market to “intense advertising” campaigns across social media.

In light of the concerning data, BAGO’s Vice-President, Emmanuel Mewissen, reiterated the organisation’s support for a new government agreement aimed at intensifying the fight against illegal gambling and enhancing player protection in Belgium.

The new agreement focuses on three main tenets: intensifying the fight against illegal gambling, modernising Belgium’s regulatory framework and ensuring legal certainty for operators through stable and transparent legislation.

“[The agreement] should give the Gaming Commission the means to grow into a powerful regulator. This is the only way it can effectively tackle illegal providers, protect consumers and maintain a well-regulated private market,” concluded Mewissen.

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Svenska Spel wins landmark legal decision against regulator fine

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Svenska Spel Sport & Casino AB has successfully challenged a SEK 100m penalty fee (approximately £7.7m) from the country’s gambling authority, Spelinspektionen, for duty of care failures.

The decision was issued by Sweden’s Administrative Court in Linköping and led to the operator calling for “greater clarity” when it comes to its duty of care interpretation.

The court emphasised that it disagreed with the assessment of Spelinspektionen based on the “legality principle”, which states that an authority may only take measures that are supported by the legal order and that it must be “sufficiently clear” what individuals must do to avoid a penalty.

Duty of care penalty

In March 2024, a warning and a penalty fee were issued to Svenska Spel by Spelinspektionen following an audit of the operator in 2021, in which the authority says the operator did not fulfil its obligations under Chapter 14, Section 1 of the Gambling Act, the supervision of duty of care.

Spelinspektionen blamed Svenska Spel for not working actively or proactively enough to protect ten customers who showed signs of potential gambling harm between 17 October and 17 December 2021, issuing a warning and a penalty fee of SEK 100m as a result.

In its appeal to the Administrative Court in Linköping, Svenska Spel argued that it did meet the requirements of Chapter 14, Section 1 of the Gambling Act, stating that it continuously monitors its customers’ gambling behaviour and has taken action to help players reduce their gambling when necessary.

The operator also claimed that since there’s nothing within the constitution that states which measures should be taken and when, its own measures should therefore “be considered sufficient when examining whether there were grounds for intervention”.

Administrative Court sides with Svenska Spel

In response, the Administrative Court has sided with Svenska Spel by taking a “legality principle” approach, stating that the authority can only take measures supported by legal order and that it must be “sufficiently clear” what must be done by individuals to avoid a penalty.

The court also highlighted the customer behaviour monitoring action undertaken by the operator.

“The court believes that the fact that the customers made large losses is primarily evidence that they have been gambling excessively. At the same time, the court notes that before, during and after the period covered by the supervision, Svenska Spel has taken several gambling liability measures against the ten customers, including certain access limitations and restrictions.”

The Administrative Court noted that while it understands Spelinspektionen’s perspective on querying if Svenska Spel took sufficient and quick enough measures to protect players from gambling harm, at the time of supervision, there were “no concrete rules and practices for licensees to follow” regarding which measures and when they should be taken to fulfil the duty of care.

“The assessment of whether it is right to intervene with a warning and a penalty fee must therefore be characterised by restrictiveness in order to be compatible with the principle of legality.

“The Administrative Court’s overall assessment is that it has not been shown that Svenska Spel has failed in its duty of care under Chapter 14, Section 1 of the Gambling Act in such a way that it constitutes grounds for intervention under Chapter 18, Section 12 of the Gambling Act. The Court has therefore decided to overturn the Gambling Authority’s decision.”

The Administrative Court’s judgment can be appealed to the Court of Appeal in Jönköping.

‘Greater clarity’

Svenska Spel has stated that it is pleased with the Administrative Court’s decision and has also called for clarification regarding the interpretation of the duty of care.

“It is gratifying that the Administrative Court upholds our appeal and overturns the decision of the Swedish Gambling Authority,” commented Fredrik Wastenson, CEO and Business Area Manager at Svenska Spel Sport & Casino AB.

“We appealed because we believe that the penalty fee is disproportionate in relation to the shortcomings and because there is a need to create greater clarity in the interpretation of the duty of care. We believe that the authority may only take measures that are supported by the legal order, the so-called principle of legality, which the court has also stated.”

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