Spelinspektionen’s new powers to oversee operators’ duty of care

Garance Limouzy September 3, 2024

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Spelinspektionen’s new powers to oversee operators’ duty of care

The Swedish Government has granted new powers to the Swedish Gambling Authority, Spelinspektionen. Beginning 1 October, the regulator will have the authority to set specific requirements for the content of action plans against problem gambling that licenced gambling operators in Sweden must have in place. These plans are intended to detail the measures operators will take to fulfill their duty of care obligations under the Swedish Gambling Act.

Discrepancies in gambling action plans

The decision to grant new powers to the regulator responds to findings from Spelinspektionen’s surveys and supervisory work, which revealed that the action plans implemented by various licensees differ significantly, with some failing to adequately address the risks associated with excessive gambling. “The action plan is central to the work on the duty of care, as the licensees determine their procedures based on it,” explained the Swedish Ministry of Finance.

As of 1 October, all gambling operators holding a Swedish licence will need to review and potentially revise their action plans to meet the new requirements set by Spelinspektionen.

“There must be order”

Minister for Financial Markets Niklas Wykman stated: “There must be order in the gaming market. The new requirement will lead to more detailed action plans, making it clear how gambling companies take responsibility for counteracting gambling-related risks. This strengthens Spelinspektionen’s ability to prevent people from being impacted by the negative aspects of gambling.”

Spelinspektionen echoed the sentiment, also pointing to the need for uniformity in how gambling operators approach their duty of care. The regulator also noted that while all licensees are required to have an action plan, the quality of these plans varies greatly.

Spelinspektionen’s monitoring

On 30 August 2024, Spelinspektionen issued a warning and a sanction of 20,000 SEK (EUR 1758) to IF Bj?rkl?ven for failing to comply with regulations regarding physical lottery tickets, player information, and technical requirements. The regulator found that the club had violated the Swedish Gambling Act and Spelinspektionen’s rules by changing the announced draw date, not meeting technical standards for lottery tickets, and providing inadequate information to players. IF Bj?rkl?ven holds a license to conduct physical lottery draws for charitable purposes, but these violations have resulted in the imposed penalties.