Sweden

Westerberry & Partners is a Swedish legal office specializing in intellectual property law and dispute resolution. Westabelli & Partners, which have 23 intellectual property specialists, are Swedish market leaders and one of the largest intellectual properties in Scandinavia. The work of the intellectual property right team also includes regulatory laws in fields that are strictly regulated, such as the game field. The Westerberg & Partners gaming method is composed of two partners and several associates, and has advised many of the largest gaming market in Sweden, including commercial gaming operators and media companies. I have it. In addition to everyday advice on gaming methods, the team supports commercial operators in the Sweden gaming market after the revision in 2019, and has attracted some notes that have applied new rules in the Swedish court. I forced the case.

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1. Introduction

1.1 Current Outlook and Recent Changes

Current view

Five years have passed since the Swedish gambling market was restricted on January 1, 2019, and the most obvious and direct problem related to the Swedish gambling law enforced on that day is the Swedish Gambling Agency (SGA). It was done. However, the Swedish gambling market is still facing many unresolved regulation issues, and the next two years will be important in maintaining continuous guidance of customers to approved gaming companies.

Furthermore, the SGA is still active due to the allegations that responsible gaming (RG) measures are inadequate, and that they are promoting illegal gambling through providing payment services to unrecognized businesses. It is a target and has begun notable measures. These issues have raised two extremely important legal points without authoritative precedents, and the gaming industry will have great expectations for subsequent litigation results.

It is also worth noting that some political actions that former customers have taken to gambling operators are attracting the greatest media. In short, these lawsuits are based on filing for illegal gambling services before Sweden's exclusive business is reconnected, and a claim for RG violations after its regulation. Probably, these recent trends are influenced by similar successes in Germany and Central Europe, which are mentioned in plaintiffs' documents. To date, no such lawsuit has been successful.

Finally, it is worth noting that this budget proposal includes a proposal to increase the gambling tax from 18% to 22%. If approved, this increase will come into force on 1 July 2024.

Recent changes

On 1 July 2023, several notable amendments to the Gambling Act came into force. The highlight of which is the mandatory application of B2B licenses in Sweden for those who manufacture, develop, modify and install gambling software for Swedish B2C licensees.

As the majority of applications for renewal of expired licenses after five years are due by the end of 2023, the SGA has significantly reduced the application fee for commercial online gambling and online betting. The new fee is set at 230. 000 kroner and there will be only one application fee if both licenses are applied for at the same time. It remains to be seen whether this will encourage more operators to enter the Swedish market and whether the types of licenses sought will increase.

Finally, it is worth noting that in May 2023, the Supreme Administrative Court heard the first case on the application of the Swedish Gambling Act. The case concerned the basis for the calculation of the maximum fine and whether the construction of the term "turnover" corresponds to the gross gaming turnover (GGR), as argued by the operator, or to the sum of all bets, as argued by the SGA. The court concluded that GGR was the correct basis and remanded the case to the SGA for the imposition of a new fine. Perhaps this precedent should result in some lowering of future fines, given the large difference between GGR and the sum of all bets. Unfortunately, however, this precedent is not worth mentioning in the repeal of the historic fines under the previous flawed interpretation applied by the SGA and the lower courts.

2. Jurisdictional Overview

2.1 Online

Online betting, bingo, poker and casino games are permitted for licensed commercial operators. Online lotteries are only permitted for state-owned companies.

According to the proposed law, fantasy sports would generally be considered betting and would require a license. In a recent decision regarding an online football manager game with cash prizes, the SGA found that the arrangement of such games could be considered the provision of betting services within the meaning of the Gambling Act and therefore required a license. No sanctions were imposed and the decision was therefore not appealable.

Social games that do not involve wagering or cash prizes do not require a license.

2.2 Land-Based

The Swedish government has an exclusive right to provide a ful l-fledged casino service. In the competitive market, you can acquire loca l-based gambling licenses for betting, casino games that are not performed at casinos, and product gambling machines. No n-profit organizations can have a license for lan d-based bingo and lottery.

3. Legislative Framework

3.1 Key Legislation

Two major laws that manage the Swedish gambling market are the Swedish Gambling Law (2018: 1138) and the Swedish Gambling Ordinance (2018: 1467). In addition, it is necessary to mention the following law:

• Gambling tax law (2018: 1139).
• Money laundering and terrorist funding measures (2017: 630).
• Swedish marketing method (2008: 486).
• Consumer Service Law (1985: 716).
• EU general data protection rules (GDPR).
• The law including the supplementary provisions of the EU general data protection rules (2018: 218) ("Data Protection Law").
• Payment service law (2010: 751).

As part of its authority, SGA has also announced some engagement regulations on matchfix, money laundering.Website.

3.2 Definition of Gambling

The Swedish gambling law applies to all gambling with money and financial value. Therefore, gambling is defined in Chapter 2 of the Gambling Law as "lottery, betting, combination games, pyramid games."

These terms are defined in order as follows.

• Lotter y-All activities that happen to the result.
• Bettin g-Available activities that have the opportunity to win a prize money for the participants:
  1. Results of future events. lingering
  2. Is an event happening or not happening in the future?
• Combination Game s-A game that has the opportunity to win a prize for the participants, and the probability of winning or losing depends on the combination of skills and luck.
• Shoo t-out gam e-A game where a prize is gained by betting on future participants, and the probability of victory depends on the number of participants who have participated later. Pyramble games are prohibited by the gambling method.

3.3 Definition of Land-Based Gambling

The gambling legislation is defined as a game between players and gambling operators held in physical meetings.

3.4 Definition of Online Gambling

According to Chapter 2, Section 1 of the Gambling Act, electronic gambling is defined as any form of gambling offered through electronic media and conducted by a party offering a game to a player or multiple players.

3.5 Key Offences

Under Chapter 19, Section 1 of the Gambling Act, a party who knowingly or with gross negligence operates an unlicensed gambling business or offers an unlicensed gambling business may be fined or imprisoned for up to two years for illegal gambling business (illegal gambling). Under Chapter 19, Section 2 of the Gambling Act, a person who knowingly or with gross negligence participates in such illegal gambling business may be fined or imprisoned for up to two years for abetting illegal gambling. For both offences, a person cannot be found guilty of a minor offence.

Under Chapter 19, Section 4 of the Gambling Act, a person who acts improperly to manipulate the outcome of a game that is subject to a licensing requirement under the Gambling Act may be punished with imprisonment for up to two years for cheating.

3.6 Penalties for Unlawful Gambling

Illegal gambling, aiding and abetting illegal gambling and cheating are punishable by fines or imprisonment of up to two years. In serious cases, a prison sentence of up to six years may be ordered. When determining whether a cheating case is serious, particular attention is paid to whether the crime was committed as part of a crime that is:

• organized;
• widespread;
• particularly dangerous in nature (according to Chapter 19, section 5 of the Gambling Act).

3.7 Recent or Forthcoming Legislative Changes

On 1 July 2023, the SGA was instructed to issue orders to initiate criminal legal action, as an alternative to reporting to the police, against software developers who, for example, outsourced back-end tasks to unlicensed operators to sell their services.

4. Licensing and Regulatory Framework

4.1 Regulatory Authority

The SGA is the authority appointed to grant gaming licenses and to act as supervisory authority in relation to compliance with the Gaming Act, the Gaming Ordinance and regulations issued by the SGA. With regard to the sale of gambling services, the Swedish Consumer Agency exercises separate supervision, and with regard to the payment of the relevant taxes, the Swedish Tax Agency is the supervisory authority.

4.2 Regulatory Approach

The gambling method is recorded as a framework regulation. The gambling method reports to the SGA and promulgates regulations on responsible gaming requirements, annual membership, technical requirements, and specific games for licensing various categories.

SGA coaches are only gambling in Swedish or gambling for the Swedish market. Thus, online gambling services that are not for the Swedish market are not considered to be provided in Sweden under the gambling law.

Evaluation of whether gambling services are directed to the Swedish market should be performed by comprehensive evaluation.

According to the law, for example, it is necessary to consider whether the website contains Swedish, and whether or not / or whether to accept beds and payments in / or Sweden. The SGA also shows additional guidance on situations indicating that the service is directed to the Swedish market. This includes the following:

• Use of domain
• Customer service contact details with Swedish phone numbers.
• The use of an electronic identification system used only by Swedish consumers.
• Marketing in Sweden by its company or its subsidiary.
• Use of payment options and/ or payment service providers that fall under any of the following:
  1. Be registered in Sweden. lingering
  2. It is used or mainly used by Swedish consumers.

In recent SGA decisions, regulatory authorities provide payment services to unlicensed gambling operators using an electronic identification system (BANKID) used only by Swedish consumers or most. It was certified as a violation of the gambling law. This decision is being contested by the administrative court.

4.3 Recent or Forthcoming Changes

On July 1, 2023, a new provision of the Gambling Law was enforced, and a renewal application was made at least four months before the expiration of the expiration date, and a valid license was allowed during the application processing. < SPAN> Gambling method is recorded as a framework regulation. The gambling method reports to the SGA and promulgates regulations on responsible gaming requirements, annual membership, technical requirements, and specific games for licensing various categories.

4.4 Types of Licences

SGA coaches are only gambling in Swedish or gambling for the Swedish market. Thus, online gambling services that are not for the Swedish market are not considered to be provided in Sweden under the gambling law.

Evaluation of whether gambling services are directed to the Swedish market should be performed by comprehensive evaluation.

According to the law, for example, it is necessary to consider whether the website contains Swedish, and whether or not / or whether to accept beds and payments in / or Sweden. The SGA also shows additional guidance on situations indicating that the service is directed to the Swedish market. This includes the following:

Use of domain

• Customer service contact details with Swedish phone numbers.
• The use of an electronic identification system used only by Swedish consumers.
• Marketing in Sweden by its company or its subsidiary.

4.5 Availability of Licences

Use of payment options and/ or payment service providers that fall under any of the following:

4.6 Duration of Licences

Be registered in Sweden. lingering

4.7 Application Requirements

It is used or mainly used by Swedish consumers.

• In recent SGA decisions, regulatory authorities provide payment services to unlicensed gambling operators using an electronic identification system (BANKID) used only by Swedish consumers or most. It was certified as a violation of the gambling law. This decision is being contested by the administrative court.
• On July 1, 2023, a new provision of the Gambling Law was enforced, and a renewal application was made at least four months before the expiration of the expiration date, and a valid license was allowed during the application processing. The gambling method is recorded as a framework regulation. The gambling method reports to the SGA and promulgates regulations on responsible gaming requirements, annual membership, technical requirements, and specific games for licensing various categories.

SGA coaches are only gambling in Swedish or gambling for the Swedish market. Thus, online gambling services that are not for the Swedish market are not considered to be provided in Sweden under the gambling law.

• Evaluation of whether gambling services are directed to the Swedish market should be performed by comprehensive evaluation.
• According to the law, for example, it is necessary to consider whether the website contains Swedish, and whether or not / or whether to accept beds and payments in / or Sweden. The SGA also shows additional guidance on situations indicating that the service is directed to the Swedish market. This includes the following:
• Use of domain

Customer service contact details with Swedish phone numbers.

• The use of an electronic identification system used only by Swedish consumers.
• Marketing in Sweden by its company or its subsidiary.
• Use of payment options and/ or payment service providers that fall under any of the following:

4.8 Application Timing

Be registered in Sweden. lingering

4.9 Application Fees

It is used or mainly used by Swedish consumers.

• In recent SGA decisions, regulatory authorities provide payment services to unlicensed gambling operators using an electronic identification system (BANKID) used only by Swedish consumers or most. It was certified as a violation of the gambling law. This decision is being contested by the administrative court.
• On July 1, 2023, a new provision of the Gambling Law was enforced, and a renewal application was made at least four months before the expiration of the expiration date, and a valid license was allowed during the application processing.
• In the case of stat e-owned organizations, a license can be given to casino games, slot machines, specific lottery games, online bingo, computer simulation gambling machine, local pool betting, cash and goods gambling machines 。 Gambling for public benefits can provide a license for lan d-based bingo, specific lottery, and horse racing poolbetting. Cash, contract gambling machines and casino games that are not performed online or casinos may be given to ships in international water.
• Commercial online gambling licenses cover online casino games, electrons and computerized gambling machines.
• Licensing land and electronic commercial gambling can bet on sports betting, future events and lottery results (need for lottery providers).
• The license for the lan d-based commercial gambling will be given in the following cases:

4.10 Ongoing Annual Fees

A casino game that is not held at a casino.

• Product gambling machine offered at liquor retailers and amusement parks.
• Card game tournament

There is no upper limit on the number of licenses given to businesses in the Swedish gambling market. However, as described in the "type of license", there is also a license that can only be obtained by stat e-owned companies or charitable organizations / no n-profit organizations.

• The license is issued for five years at a time. However, in some cases, SGA has given a shor t-term license based on financial negative factors and violations of regulations in other areas.
• The basic requirements for obtaining a Swedish gaming license are as follows:
• General aptitude for knowledge, experience, organizational system, gambling service provision
• Expect to comply
• Basic application documents are basically the same for any type of license. The license application form includes all "qualified owners" (that is, the shares or voting rights of the application entity, including the management team involved in the application company and the members of the Board of Directors, and the final beneficiary with qualified ownership. You must attach the documents filled with or owned 10 % or more). The following documents translated into Swedish must be enclosed in the application form:
• A copy of the ID card (passport);
• Copy of identification (passport); Passport copy (passport, ID card); Passport copy (passport, ID card);

Criminal record certificates from all states where you have lived in the last 10 years (no older than 6 months at the time of submission to the SGA).

5. Land-Based Gambling

5.1 Premises Licensing

The following documents must be submitted for all legal entities with 10% or more direct or indirect ownership (shares or voting rights) in the applicant entity:

• Certificate of registration
• Financial statements for the previous financial year
• Service providers established outside the EEA must have a representative office in Sweden.

A complete application is usually processed within 2-3 months.

5.2 Recent or Forthcoming Changes

The following application fees apply for licenses available to commercial (i. e. non-state-owned) operators in Sweden:

6. Online Gambling

6.1 B2C Licences

Commercial online gambling license - SEK230.

6.2 B2B Licences (Suppliers, Software, Etc)

Commercial land-based gambling license - SEK230, 000?

Joint application for commercial online and land-based gaming license - SEK230, 000.

6.3 Affiliates

Renewal of the above licenses - SEK 300, 000;

Gaming software license (B2B license) - SEK 120.

and

6.4 White Labels

Marine gaming license in international waters - SEK 230, 000.

6.5 Recent or Forthcoming Changes

The following annual fees apply to licenses available to commercial (i. e. non-state-owned) operators in Sweden:

6.6 Technical Measures

Land-based commercial gaming license - SEK 2, 400; and

7. Responsible Gambling (RG), Also Known as Safer Gambling (SG)

7.1 RG Requirements

Commercial online gaming license - SEK 30, 000-500, 000.

• The annual fee for a commercial online gaming license is based on the operator's expected annual turnover and is as follows:
• Turnover less than 10 million SEK - SEK 30, 000.
• Turnover between 10 and 20 million SEK - SEK 60, 000.

20-50 million kroner turnover – 120.

50-100 million kroner turnover – 240, 000 kroner

• 100-200 million kroner turnover – 300, 000 kroner;200-500 million kroner turnover – 400, 000 kroner; and500 million kroner turnover or more – 500, 000 kroner.
• The annual fee for a B2B license is currently 3, 000 kroner.
• 4. As stated in the license types, licenses for full-scale land-based casino operations are reserved only for registered operators, and only four such casinos are permitted. Also, charities and non-profit organizations can obtain licenses for land-based bingo, lottery and horse racing pool betting. For commercial operators, licenses for certain land-based casino games are granted to:
• hotel and restaurant operators with liquor licenses

amusement park operators

and

• operators of vessels in international waters.
• License requirements are comparable to the general requirements for gambling operations. 4. 7 Application Requirements
• In the gambling sector, there have been no notable recent changes and no changes are expected in this sector in the near future.

7.2 Recent or Forthcoming Changes

As stated in 4. Types of Licenses, commercial operators can apply for an online gaming commercial license, an online and land-based commercial license (i. e. a B2C online license). Such licenses are necessary to serve the Swedish market even if the service provider is based in a foreign jurisdiction.

From 1 July 2023 onwards, a B2B license will be mandatory in Sweden for all entities that produce, modify, provide and install gaming software to gaming operators in the Swedish market.

7.3 Gambling Management Tools

There is no strict blanket regulation for individual entities within a corporate group. If several entities are involved in the production and development of gaming software, the SGA will generally accept a single licensing arrangement, provided that the licensee controls the design and content and retains full title to the gaming software.

Subsidiaries of a licensee are considered non-licensed operators and are subject to the restrictions of the Gaming Act, just like other non-licensed service providers.

• Licensees may, under certain conditions, enter into agreements (or unrelated entities) to carry out operational tasks or functions in their business activities, in which case the licensee will remain responsible for the services in its relationship with its customers.
• Except for certain gambling services (e. g. casino operations and slot machines), licensees may seek joint licenses with other licensed service providers offering gambling services within the EEA.
• White label arrangements are permitted and operators offering white label products must apply for a gaming license.
• As mentioned in 6. 2 B2B licenses (suppliers, software, etc.), Sweden has recently introduced B2B licenses for gaming software.
• In certain circumstances, the SGA may order ISPs to include a clearly visible warning notice on websites offering gambling services without a license. This notice may include a notice that the services are unlicensed and unsupervised, and that all winnings are subject to Swedish tax.

Under Swedish gambling law, all licensees are subject to responsible gambling (RG) requirements. This includes a general "duty of care":

• respect social and health factors;
• combat excessive gambling; and
• help players to reduce gambling when there is a reason to do so.
• All licensees must adopt an action plan on how to fulfill their duty of care. The duty of care includes the responsibility to monitor all customers and in case of excessive gambling, the licensee may need to implement restrictions or limitations. For example, by communicating with the customer and/or limiting deposit amounts and/or gambling time, or finally suspending the customer. According to the research carried out for the preparation of the Gambling Act, both feedback and limitations should be implemented at an early stage, before gambling has a negative impact.
• The core RG requirements of the Gambling Act are:

Licensees must enable customers to limit or discontinue gambling.

www. spelpaus.

8. Anti-money Laundering (AML)

8.1 AML Legislation

No person under 18 years of age may gamble and no person under 20 years of age may enter a state-run land-based casino;

Licensees must not offer credits or imply that offers are being made.

• Except for non-commercial gambling activities, bonus offers are only permitted if the customer gambles with the licensee for the first time.
• Furthermore, the SGA provides a guide on how signs of excessive gambling can be identified and includes examples of individual measures that the SGA expects from licensees.
• The SGA also provides examples of individual measures that are expected from licensees if a customer shows signs of excessive gambling. Factors to be considered in this regard are:
• Gambling patterns - active gambling time, chasing losses, type of games, increased deposit limits, withdrawal interruptions, deposit refusals.
• Contact with licensee - claims for loss recovery, excited behavior, reports of financial problems.
• Other

Other factors - past self-exclusion, age (younger age is higher risk).

8.2 Recent or Forthcoming Changes

The SGA has recently launched supervisory proceedings against several operators for alleged violations of RG requirements, which have been taken to administrative courts. As there is currently no authoritative case law on these issues, the outcome of the pending proceedings is likely to set the standard for the level of RG measures required.

8.3 AML Requirements

There has been no other notable movement in this field.

• In order to comply with the duty based on the Gambling Act, it is necessary to introduce the following gambling management tools.
• Internet gambling

Obligation to contact customers who have increased the amount of payment, or customers who have set a limit of 10. 000 per month. It is not enough to use a po p-up message as the only communication means, and it is necessary to use it in conjunction with email or telephone.

• All customers must set the monthly payment limit every day, every day. Raise the limit will be valid only after 72 hours, and reducing the limit will be effective immediately.
• At the time of login, all customers must be notified of licensing care obligations, cumulative losses over the past 12 months, selected deposit limit and loss limit.
• All customers should receive regular, clear and diverse notifications about information on winning and losing and connection time. Such notifications should be approved by the customer and should be the option to log out.

Gambling and risk sel f-checking, deposits limit and login time limit settings, sel f-exclusion optional hyperlink logo must be clearly displayed on all pages of gambling sites so that they can always be accessed.

• Furthermore, the SGA provides a guide on how signs of excessive gambling can be identified and includes examples of individual measures that the SGA expects from licensees.
• All customers need to set a daily, one week, and one month's loss limit. The increase in the limit will be valid only after 72 hours, and the limit will be reduced immediately.
• The use of a voucher must confirm that the identity of the person who uses the voucher matches the name in the voucher.
• All customers should be notified of information on winning and losing and login time regularly, clearly, and diverse. Such notifications should be confirmed by the customer, and the possibility of suspension of distribution should be provided.

9. Advertising

9.1 Regulatory/Supervisory Agency

At the time of the connection, all customers should receive a notification of Licensei's duty, cumulative losses in the past 12 months, and selected loss limits.

Gambling behavior and risk sel f-diagnosis checks, deposits limit and login time limit, and sel f-exclusion optional hyperlink logo should be clearly placed on the fixed field of the slot machine screen.

In order to comply with the sel f-exclusion registration < SPAN> Gambling method, it is necessary to introduce the following gambling management tools.

9.2 Definition of Advertising

Internet gambling

9.3 Key Legal, Regulatory and Licensing Provisions

Obligation to contact customers who have increased the amount of payment, or customers who have set a limit of 10. 000 per month. It is not enough to use a po p-up message as the only communication means, and it is necessary to use it in conjunction with email or telephone.

All customers must set the monthly payment limit every day, every day. Raise the limit will be valid only after 72 hours, and reducing the limit will be effective immediately.

9.4 Restrictions on Advertising

At the time of login, all customers must be notified of licensing care obligations, cumulative losses over the past 12 months, selected deposit limit and loss limit.

All customers should receive regular, clear and diverse notifications about information on winning and losing and connection time. Such notifications should be approved by the customer and should be the option to log out.

Gambling and risk sel f-checking, deposits limit and login time limit settings, sel f-exclusion optional hyperlink logo must be clearly displayed on all pages of gambling sites so that they can always be accessed.

• slot
• All customers need to set a daily, one week, and one month's loss limit. The increase in the limit will be valid only after 72 hours, and the limit will be reduced immediately.
• The use of a voucher must confirm that the identity of the person who uses the voucher matches the name in the voucher.
• All customers should be notified of information on winning and losing and login time regularly, clearly, and diverse. Such notifications should be confirmed by the customer, and the possibility of suspension of distribution should be provided.

9.5 Sanctions/Penalties

At the time of the connection, all customers should receive a notification of Licensei's duty, cumulative losses in the past 12 months, and selected loss limits.

Gambling behavior and risk sel f-diagnosis checks, deposits limit and login time limit, and sel f-exclusion optional hyperlink logo should be clearly placed on the fixed field of the slot machine screen.

• In order to comply with caution based on the sel f-exclusion registration gambling method, it is necessary to introduce the following gambling management tools:
• Internet gambling

Obligation to contact customers who have increased the amount of payment, or customers who have set a limit of 10. 000 per month. It is not enough to use a po p-up message as the only communication means, and it is necessary to use it in conjunction with email or telephone.

9.6 Recent or Forthcoming Changes

All customers must set the monthly payment limit every day, every day. Raise the limit will be valid only after 72 hours, and reducing the limit will be effective immediately.

10. Acquisitions and Changes of Control

10.1 Disclosure Requirements

At the time of login, all customers must be notified of licensing care obligations, cumulative losses over the past 12 months, selected deposit limit and loss limit.

10.2 Change of Corporate Control Triggers

All customers should receive regular, clear and diverse notifications about information on winning and losing and connection time. Such notifications should be approved by the customer and should be the option to log out.

10.3 Passive Investors Requirements

Gambling and risk sel f-checking, deposits limit and login time limit settings, sel f-exclusion optional hyperlink logo must be clearly displayed on all pages of gambling sites so that they can always be accessed.

11. Enforcement

11.1 Powers

slot

All customers need to set a daily, one week, and one month's loss limit. The increase in the limit will be valid only after 72 hours, and the limit will be reduced immediately.

• The use of a voucher must confirm that the identity of the person who uses the voucher matches the name in the voucher.
• All customers should be notified of information on winning and losing and login time regularly, clearly, and diverse. Such notifications should be confirmed by the customer, and the possibility of suspension of distribution should be provided.
• At the time of the connection, all customers should receive a notification of Licensei's duty, cumulative losses in the past 12 months, and selected loss limits.
• Gambling behavior and risk sel f-diagnosis checks, deposits limit and login time limit, and sel f-exclusion optional hyperlink logo should be clearly placed on the fixed field of the slot machine screen.
• Sel f-exclusion registration
• After registration and login, all licensing must confirm that the customer is not registered in Sweden's Spelpaus Respence Register. The period of sel f-exclusion is from 24 hours to indefinite period. Indefinite sel f-exclusion cannot be canceled within 12 months.

All gambling businesses in Sweden are subject to laws on measures for money launding and terrorism.

• In accordance with the mission, the SGA issued a provision for AML measures in SIFS 2019: 2, and published guidance on how Licensei had to work on money laundering and terrorism. In summary, the following security measures should be implemented:
• Customer Dudidjence
• Report monitoring.

Compliance and internal control

11.2 Sanctions

Model / risk management procedure (when using such a model).

If Licensee is part of a corporate group, there are specific provisions on the entire group procedures, including requirements for the parent company to establish the entire group procedure.

As far as the authors know, there is no AML legal system related to the Swedish gaming operator recently or in the future.

After registering for License, you must carry out the first customer duderigency. This dudidritement must be implemented in the following cases:

11.3 Financial Penalties

Individual transactions of 2, 000 euros or more (or equivalent to other currency).

11.4 Personal Sanctions

If the licensee is less than 2, 000 euros (or equivalent to other currency) transactions, the total amount is 2, 000 euros or more.

12. Tax

12.1 Tax Rate by Sector

All licensing must apply ris k-based customer evaluation for money laundering and terrorism. This general risk assessment determines the category of "high", "normal", and "low" of each customer, and the category may be monitored and changed at any time. Risk assessments should be used as an important factor in AML work, and should include assessments for how Licensee's products and services can be used for funding or raising terrorism. In this regard, the SGA shows the following guidance on risk factors.

High risk - unusual or irrational gambling patterns, unusually large transactions, unwillingness to answer customer due diligence questions or provide documents to prove the origin of funds.

13. Anticipated Reform

13.1 Anticipated Reform

Normal risk - Customers who set deposit limits totaling more than 2, 000 euros and/or make bets totaling more than 2, 000 euros in a 12-month period may be considered normal risk if there are no indications that the customer should be classified as high risk.

Westerberg & Partners

Low risk - Customers who make deposits totaling less than 2, 000 euros in a 12-month period may be considered low risk. However, it is important to take high deposit limits into account. If a customer sets significantly high deposit limits at registration or in the course of the business relationship, licensees must be careful to ensure that gambling does not escalate rapidly, even if the customer is initially a low risk for money laundering.

All licensees should adopt routines to combat money laundering and terrorist financing, which must complement the general risk assessment. The routine shall include the following main tasks:

Trends and Developments

Authors

Westerberry & Partners is a Swedish legal office specializing in intellectual property law and dispute resolution. Westabelli & Partners, which have 23 intellectual property specialists, are Swedish market leaders and one of the largest intellectual properties in Scandinavia. The work of the intellectual property right team also includes regulatory laws in fields that are strictly regulated, such as the game field. The Westerberg & Partners gaming method is composed of two partners and several associates, and has advised many of the largest gaming market in Sweden, including commercial gaming operators and media companies. I have it. In addition to everyday advice on gaming methods, the team supports commercial operators in the Sweden gaming market after the revision in 2019, and has attracted some notes that have applied new rules in the Swedish court. I forced the case.

Consumer awareness and due diligence measures - Measures for consumer knowledge and due diligence

Employee training

Compliance and internal control management

The SGA and the Swedish Consumer Agency supervise the gambling transaction.

Serving the Swedish market

In other words, the SGA supervises marketing issues directly related to gambling operations, such as bonus campaigns.

The Consumer Agency supervises compliance with general marketing restrictions for gambling services (e. g. requirements for moderate marketing of gambling services).

The Swedish Prosecutor's Office enforces criminal cases.

According to the Swedish Marketing Act, the concept of marketing is defined as "advertising and other business activities aimed at promoting the sale of and access to products, including acts, omissions or other measures or conduct of marketers that take place before, during or after the sale or delivery of products to consumers and/or retailers".

In case law, the concept of advertising is interpreted broadly.

The main legal provisions governing the advertising of gambling goods and services are defined outside the Swedish Marketing Act as follows:

As defined in the Swedish Marketing Act and Chapter 15 of the Swedish Gambling Act.

According to the Swedish gambling method, all gambling brands must be "modest". In other words, gambling service advertisements must be designed with great care and do not aggressive or excessive advertising. In particular, if you need a bet, you must not imply a specific game free or there is no risk.

At the time of this writing (October 2023), there were no precedents of the appealing court on the issue of modest gambling marketing, and the few first trial rulings had a slightly inconsistent description of how to actually evaluate it. Included.

In addition to modest requirements, gambling service ads apply to the following specific restrictions:

Gambling services should not be under 18 years old or to sel f-exclusion registrants. Direct marketing is only allowed if a customer has closed a licensing account, if the customer has the consent of the customer.

• Gambling service advertisements must provide clear information about the lowest play age. In the actual facilities and marketing (excluding radio ads) provided by gambling services, the contact details of the organization that provide information on gambling must be provided.
• When concluding a sponsor contract, Licensei must not be displayed in products for under the age of 18.

Except for no n-profit businesses, bonus offers are only allowed when customers play at Licensee for the first time. According to the Case Law, the concept of bonuses is given a wide range of interpretations, including rewards, gifts, (other than money) prizes, VIP incentives, r e-spins, and free spins.

• The Swedish Consumer Affairs Agency may issue an order to suspend a specific sales activity under the penalties of fine for supplementary issues within the permissions. More important, the Consumer Affairs Agency asks the Patent Market Court and the Patent Market Appeals Court for such orders. The agency can also claim a fine for sales activities to the court.
• In a separate parallel field, SGA can order and request a change in license conditions:

According to the gambling method of the finance sentence or an improvement order < SPAN>, all gambling brands must be "modest" (måtttFullhet). In other words, gambling service advertisements must be designed with great care and do not aggressive or excessive advertising. In particular, if you need a bet, you must not imply a specific game free or there is no risk.

At the time of writing this article (October 2023), there was no case of the appealing court on the issue of modest gambling marketing, and the number of first trial rulings has a slightly inconsistent description of how to actually evaluate it. Included.

In addition to modest requirements, gambling service ads apply to the following specific restrictions:

Gambling services should not be under 18 years old or to sel f-exclusion registrants. Direct marketing is only allowed if a customer has closed a licensing account, if the customer has the consent of the customer.

Gambling service advertisements must provide clear information about the lowest play age. In the actual facilities and marketing (excluding radio ads) provided by gambling services, the contact details of the organization that provide information on gambling must be provided.

When concluding a sponsor contract, Licensei must not be displayed in products for under the age of 18.

Except for no n-profit businesses, bonus offers are only allowed when customers play at Licensee for the first time. According to the Case Law, the concept of bonuses is given a wide range of interpretations, including rewards, gifts, (other than money) prizes, VIP incentives, r e-spins, and free spins.

The Swedish Consumer Affairs Agency may issue an order to suspend a specific sales activity under the penalties of fine for supplementary issues within the permissions. More important, the Consumer Affairs Agency asks the Patent Market Court and the Patent Market Appeals Court for such orders. The agency can also claim a fine for sales activities to the court.

In a separate parallel field, SGA can order and request a change in license conditions:

According to the gambling method of the imprisonment or an improvement order Sweden, all gambling brands must be "modest". In other words, gambling service advertisements must be designed with great care and do not aggressive or excessive advertising. In particular, if you need a bet, you must not imply a specific game free or there is no risk.

At the time of this writing (October 2023), there were no precedents of the appealing court on the issue of modest gambling marketing, and the few first trial rulings had a slightly inconsistent description of how to actually evaluate it. Included.

In addition to modest requirements, gambling service ads apply to the following specific restrictions:

Gambling services should not be under 18 years old or to sel f-exclusion registrants. Direct marketing is only allowed if a customer has closed a licensing account, if the customer has the consent of the customer.

Gambling service advertisements must provide clear information about the lowest play age. In the actual facilities and marketing (excluding radio ads) provided by gambling services, the contact details of the organization that provide information on gambling must be provided.

When concluding a sponsor contract, Licensei must not be displayed in products for under the age of 18.