2023 was a relatively quiet year in Danish online gambling. The year saw the introduction of the requirement to identify yourself when placing bets in brick and mortar betting shops(!) and a couple of other interesting decisions. However, we are now looking at a big change to the Danish Gambling Act in 2024, so 2023 will soon be forgotten.
First of all, it is of note that Danish Parliament has agreed on a draft amendment act to the Danish Gambling Act (the “DGA”). It has been discussed in the past, but previous changes have been minimal compared to what is on its way.
The draft act, amending the DGA, was notified to the European Commission under the Technical Regulation Information System (the “TRIS”) regulation, preventing technical barriers to trade, in November 2023 and the deadline for providing comments and feedback is 6 February 2024.
The notified revision of the Danish Gambling Act – status and timeline
Once the deadline has passed, and assuming that no comments are received necessitating changes to the draft, the act will have to be passed in Danish Parliament. However, since the current Danish government is a majority government, that should be a formality.
The draft act amending the DGA is centred around the key political aims of: “strengthened action against match-fixing, improved sanctioning options, legal basis for increased data processing, changed fees for slot machines and various adjustments to the gambling sector”. Whether that will be the result of the amendments remains to be seen.
The most relevant and innovative amendments are:
- The introduction of a legal basis for the DGA to require licensed operators to provide information, including personal data, in order to combat and prevent match-fixing.
- The introduction of a legal basis for the DGA to exchange essential information on match-fixing between the DGA, licensed operators, other Danish and foreign authorities and entities and members of national platforms to combat match-fixing.
- The introduction of a B2B licence regime. It is proposed that a Danish licence will be required for suppliers of games to licensed gambling operators. There is no definition contained in the draft act on what the “suppliers of games” will cover.
- The provision of a legal basis for the DGA for increase data processing, including profiling, combination and disclosure of gambling data in order to ensure compliance with the purpose of the Gambling Act, to combat match-fixing and money laundering, and to better monitor the obligation on licence holders to protect their customers.
- The introduction of a new fee structure for slot machines. Currently, the fee is paid per slot machine. After the amendment, the fee will depend on the gambling operator’s turnover.
- The introduction of technical changes to revenue-restricted licences and the introduction of an independent revenue-restricted licence form.
- The introduction of a provision for the DGA to issue injunctions and indictments for infringements of gambling regulation.
- The introduction of a requirement for the DGA to publish sanctions for infringements of gambling regulation.
- The introduction of a legal basis for the DGA to require proof of identity of players when purchasing physical games in order to ensure that age limits are respected.
- Providing the DGA with the legal grounds to collect and exchange information as well as combine gambling data across gambling operators in order to combat and prevent match-fixing and money laundering.