17 October 2017

Gambling news from Denmark - October 2017

This is a brief update on current affairs on the Danish gambling market.

This update concerns six important issues:

  • Reminder regarding new Danish AML Act
  • EC notified of the regulations for online bingo
  • Standards records for horse, dog and pigeon race betting and online bingo
  • DGA’s report on illegal gambling
  • Q2 gambling data from the Danish market
  • Reorganisation of the DGA.

Reminder regarding new Danish AML Act

As you may be aware, the new Danish Anti Money Laundering Act (“the AML Act”) came into force on 26 June 2017. 
The AML Act contains a number of new requirements that all license holders must comply with going forward from 26 June 2017. Horten would like to emphasize that the new AML Act comprises both land-based and online gambling as well as both betting and casino.

One of the most novel changes from the former AML regulation is the requirement that all license holders who employ more than five people must have a whistleblower scheme in place for their employees to report AML irregularities.

In short, the requirements for the whistleblower scheme are:

  • It must be a special, independent and impartial channel
  • The employee must be able to report violations and potential violations of the AML Act and the rules issued pursuant hereto
  • The employee must be able to submit reports anonymously through the scheme.

Please note that according to art. 78 of the Danish AML Act, a license holder can be fined for not having the required whistleblower scheme in place, if the noncompliance is considered intentional or gross negligent. As the AML Act is new, it is uncertain how the requirement will be enforced.
Horten has many years of experience setting up and managing whistleblower schemes, and we are of course be available for assistance in this matter.

The DGA is still working on their guidelines on the new AML Act. It remains uncertain whether the guidelines will be included in the general guidelines issued by the Danish Financial Supervisory Authority or as a separate guideline.

EC notified of the regulations for online bingo 

In connection with the upcoming liberalisation of online bingo, which comes into force on 1 January 2018, the Danish government has notified the EC of the proposed online bingo regulations. The requirements are not final, but it is our opinion that the final re-quirements will most likely be similar or identical to these.

The overall requirements are:

  • Bingo cards shall consist of five rows and five columns with 75 numbers or symbols, or three rows and nine columns with 90 numbers or symbols.
  • The printed numbers or symbols are drawn and called out one at a time.
  • The player shall have the option to manually mark the printed numbers or symbols at all times.
  • The player may not choose the combination of numbers or symbols on the bingo card.
  • Licence holders shall ensure that numbers or symbols are called out at intervals of at least 3 seconds, and that the game is put on hold for at least 10 seconds each time there is a winner.
  • The game shall end when the first board has been completely filled.
  • The purchase of bingo cards must, with the exception of online bingo provided via television, be possible no earlier than 10 minutes before the game starts.

Other specific requirements apply to online bingo offered via television.

Standard records for horse, dog and pigeon race betting and online bingo

In connection with the upcoming liberalisation of horse, dog and pigeon race betting and online bingo, which enters into force on 1 January 2018, the DGA has issued standard records for the reporting of these games.

Please find the specific requirements here.

Please also see the updated version for the reporting of horse betting (pool betting, alternative to the already existing structure for the liberalised market) here.

Report on illegal gambling

The DGA has issued their 2016/2017 report on illegal gambling on the Danish market. The report is a follow-up of the report from last year and provides an overview of the DGA’s work regarding illegal gambling.

The DGA has primarily been focusing on illegal online gambling.

It is the DGA’s overall opinion that the number of websites which are illegally targeting Danish customers are decreasing. However, the DGA notes that there are still some is-sues with transmission websites. Most cases concern recommendation websites, e.g. websites that mention “top 10 best gambling websites”.

Secondly, the DGA has seen an increasing number of problems with illegal provision of games on Facebook. Most cases concern Facebook groups that offer illegal lotteries.

Thirdly, the DGA has experienced extensive problems with skin betting, which is a bet-ting area that in many cases is directed towards kids. Thus, skin betting issues have re-ceived a lot of negative media attention in Denmark lately, which has also resulted in some political focus on the issue. The DGA is focusing on this area and will continue to do so in the future. The next batch of website blockings will include skin betting web-sites.

Lastly, the DGA has been looking at the offering of bets on under-18 sports games. The DGA has reviewed all current betting licence holders’ websites multiple times and has found that in a few instances, betting on under-18 sports games was available on some of the licence holders’ websites. The DGA will send an information letter to all betting licence holders regarding the general rules.

As for land-based gambling, the DGA has only handled a small number of cases regard-ing non-profit lotteries and illegally placed slot machines/betting terminals.

The report does not touch upon the issues on the “grey market” – operators not tar-geting Denmark with their marketing but accepting bets from Danish players.

The report is not yet available in English.

Q2 gambling data from the Danish market

The DGA has issued the latest Danish gambling market statistics.

Since Q1 the Danish market has experienced a five percent growth. This has primarily been driven by online casinos. With 1,462 billon, Q2 set a record for the combined gross gambling revenue.

You can find the full statistics, including more specific market statistics here.

Reorganisation of the DGA

On 1 October 2017 an internal reorganisation of the DGA came into effect.

In future, each office is responsible for all the processes belonging to a specific area; from issuing permits to ongoing supervision. The DGA will still be an authority under the Danish Ministry of Tax. The DGA will be divided into four divisions:

  • Finance, Policy and Market Analysis
  • Lottery and Monopoly
  • Remote Gambling
  • Slot Machines and Responsible Gambling


related news

Horten recognised as leading law firm by Legal 500

13 April 2018

Horten is recognised as leading law firm within a wide range of legal disciplines. At the same time, 26 partners are nominated as being among the best legal advisers in Denmark.

New rankings from Chambers

13 March 2018

Chambers, the leading international guide to the best law firms, ranks Horten as one of the best in the country yet again.

Unique cooperation between Horten and Symbion

5 February 2018

Horten has entered into unique cooperation with Symbion and Accelerace where we will make a team of lawyers available for start-up businesses at the shared office facilities Horten CoLab.

Four new partners at Horten

16 January 2018

With effect from 1 January 2018, Horten appointed Christian Tullberg, Kristoffer Westberg, Christina Steen and Niels Jørgen Oggesen as partners.

New Managing Partner at Horten

2 January 2018

Finn Schwarz, Attorney and Partner, has been appointed Managing Partner of Horten Law Firm as of 1 January 2018.

Nordisk Film invests in Reto Moto, the computer game company behind Heroes & Generals

6 December 2017

Nordisk Film has invested DKK 32 million in the computer game company Reto Moto. Horten assisted the founder group and Reto Moto.

Compliance: E-leaning in competition law

20 September 2017

Horten now offers e-learning in competition law tailored to each company.

The edtech company Labster announces Series A investment

7 September 2017

Labster recently announced a Series A investment round of $ 10 million with the participation of the venture capital funds Balderton Capital and Northzone.

The world’s largest e-sports tournament is coming to Denmark

14 August 2017

In December 2017 and for the next two years, Arena Fyn in Odense will host the finals of the world’s largest e-sports tournament - ESL Pro League - in the computer game Counter Strike. Horten has assisted Odense municipality in connection with the legal framework of the tournament.

White Paper concerning the data protection regulation has arrived

29 May 2017

The Ministry of Justice has now published the long awaited White Paper concerning the data protection regulation and the legal framework for Danish legislation in this respect.

Honors to M&A partner Lise Lotte Hjerrild

25 April 2017

Partner Lise Lotte Hjerrild is appointed to the Steering Group of the International M&A and Joint Venture Committee of the American Bar Association and Women in Law Awards 2017.

Horten advances in new Chambers and Legal 500 rankings

19 April 2017

In 2017, the leading international ranking agencies, Legal 500 and Chambers, are once again ranking Horten among the best law firms in Denmark.

Gambling news - April 2017

1 April 2017

This is a brief update on current affairs at the Danish gambling market. This update addresses the status on the new Danish Anti Money Laundering Act and update on the Swedish liberalization.

Four new specialised attorneys at Horten

7 March 2017

Horten has appointed four new specialised attorneys having in-depth professional and commercial expertise within personal data law, environmental and planning law, energy and supply law and tax law.

Gambling news - March 2017

1 March 2017

This is a brief update on current affairs on the Danish gambling market.

New action plan for the implementation of the regulation on data protection

30 January 2017

The Article 29 group has adopted a new action plan listing which subjects the group will prioritise in 2017 to ensure an effective implementation of the regulation on data protection.

Data protection officer – who, when, what?

12 January 2017

The so-called Article 29 group has adopted a set of guidelines covering data protection officers, which will provide more clarity with regard to the data protection officer's assignments, position and liability.

Global Leaders in Law appoints Horten as exclusive partner for Denmark

10 January 2017

Global Leaders in Law, the leading global general counsel forum based in London, and Horten has announced partnership. Appointed as a global bronze partner, Horten will sponsor the activities of Global Leaders in Law in 2017.

Gambling news - December 2016

1 December 2016

This is a brief update on current affairs on the Danish gambling market.

Greenland adopts personal data act

22 November 2016

From 1 December 2016, the Personal Data Act became effective in Greenland at the request of the Greenland Home Rule. The Act replaces the data protection legislation from 1978, which has applied in Greenland until now.

Dynamic IP addresses may constitute personal data

19 October 2016

The European Court of Justice recently ruled in C-582/14 that a dynamic IP address may constitute personal data.

The Data Protection Agency: Understand the requirements for employees' processing of personal data

7 October 2016

In a recent decision, the Data Protection Agency criticised a municipality's control of the data security based on unauthorised persons' access to sensitive personal data stored on an employee's private IT equipment.

Horten on two committees at the Confederation of Danish Industry, DI

3 October 2016

DI has re-appointed Søren Hornbæk Svendsen as member of the Energy and Climate Policy Committee and Nina Henningsen as member of the Media Policy Committee.

Internet media under pressure because of new EU ruling

15 September 2016

The latest ruling on hyper links and copyright confirms previous case law and adds a new rule of presumption, which may threaten the existence of some Internet media.

New agreement on municipalities' economy in 2017

13 June 2016

The day after the Government and the Danish Regions presented an agreement on the regions' economy in 2017, it was published that the Government had also concluded an agreement with KL on the municipalities' economy in 2017.

New ratings from the international reference book Legal 500

4 May 2016

There are several good news for Horten in the new rankings, among these to new Tier 1-ratings in Media & entertainment and Telecoms.

Final adoption of the new personal data regulation

14 April 2016

The European Parliament has adopted the new personal data regulation together with the rest of the data protection reform.

New association: The Danish association for marketing law

13 April 2016

11 of Denmark's leading experts within marketing law have established the Danish Association for Marketing Law. The association's first arrangement will take place on 3 May and focus on hidden advertising.

International women lawyers discuss the future of the legal profession

6 April 2016

Horten participates when 150 lawyers from all over the world meet in Berlin on 7-8 April under the headline "Law in a changing world – how women can contribute to innovation of the legal profession".

Gambling news - April 2016

1 April 2016

This is a brief update on current affairs at the Danish gambling market.

Horten Corporate Day 2016 - Danish companies at the forefront

18 March 2016

At Horten's Corporate Day 2016 on 16 March, Danish and foreign executives and experts gave their views on the trends and opportunities of the Danish business sector. Horten will repeat the success next year with Horten Corporate Day 2017.

Publication of draft Privacy Shield between the EU and the USA

8 March 2016

At the beginning of February 2016, it was reported that the European Commission and the USA had politically agreed on a new scheme replacing the Safe Harbour scheme concerning transfer of personal data from the EU to the USA.

Gambling news - March 2016

1 March 2016

This is a brief update on current affairs at the Danish gambling market.

New online dispute portal and requirements for web shops

19 January 2016

In the future, all Danish and EU web shops must link to the pan-European online dispute portal ODR (Online Dispute Resolution). ODR will be available from 15 February 2016.