Are you covered by the requirement for a whistle-blower scheme?

15, Sep 2021

The Danish Gambling Authority has become aware that some licence holders are in doubt about whether they are covered by the requirement for a whistle-blower scheme and which requirements such a scheme must meet.

Licence holders covered by section 1(1)(20) of the anti-money laundering Act, who is not partially exempt, must have a whistle-blower scheme, if they have more than 5 employees. The scheme thus applies to gambling operators who provide: 

  • Online casino
  • Land-based casino, and
  • Betting

The scheme must: 

  • Be special and independent and 
  • Give employees the opportunity to report anonymously (potential) violations of the Anti-Money Laundering Act 

A regular mailbox is in this sense not special, independent or sufficient. 

Licence holders' management are obligated to follow up on reports, including being able to document how it has happened. 

It is possible for the Danish Gambling Authority to grant an exemption from the requirement for an establishment of a whistleblower scheme. The Danish Gambling Authority has not granted any exemptions at the moment.  

Although you have been required to establish a whistle-blower scheme in other countries, you cannot assume that the requirements are identical as a licence holder in Denmark.

For further information, see section 35 of the AML Act. 

Consolidation Act No. 1062
Of 19 May 2021

On preventive measures against money laundering and financing of terrorism (Anti-Money Laundering Act)

Only available in Danish