Compliance assessment and reponses

Supervision and responses under the Gambling Act

The Danish Gambling Authority have adopted a risk-based approach to our role as a supervisory authority. This means that we allocate our resources to the areas where we assess that it is most important. In our assessment of the areas, we consider the consequences of potential breaches, any previous breaches and the frequency of breaches in the sector. 

The Danish Gambling Authority bases its compliance assessments on dialogue, efficiency, responsibility and trust. 

Supervision of online gambling

The Danish Gambling Authority supervises the online casino and online betting sector based on the data submitted to us by licence holders. We also carry out inspections based on the information licence holders provide in the annual report and notifications we receive from citizens and other licence holders.

In addition, we carry out project-based inspections where we review all licence holders' procedures in a specific field or all licence holders' websites. Samples are also taken based on inspection projects.

Supervision of land-based gambling 

The Danish Gambling Authority supervises land-based gambling, i.e. the on site provision of gambling in arcades, land-based casinos, shops and kiosks. 
Supervision of land-based gambling primarily takes the form of on site visits where one or more of the Danish Gambling Authority's supervisory staff visit gambling premises and check whether the gambling premises complies with the legislation. These inspections are supported by various data checks of individual gambling premises. 

Both announced and unannounced inspections are carried out. In connection with new applications for gambling arcades, on site premises approval is carried out. 

The Danish Gambling Authority often conducts inspections based on selected inspection projects that go in-depth into defined areas where there may be suspicion or knowledge of compliance issues and based on citizen inquiries. 

Collaboration

The Danish Gambling Authority cooperates with the police, for example in connection with answering questions and assisting in police actions. 

The Danish Gambling Authority's responses at inspections

Orders

The Danish Gambling Authority can issue orders regarding matters that violate the gambling legislation. The Danish Gambling Authority may order that a situation is rectified or ceases immediately or within a set deadline.

Orders may be issued verbally if there is an imminent or significant risk that the purpose of the Gambling Act will be lost. 

The Danish Gambling Authority can issue orders of a declaratory nature, where the recipient is notified that a given act or omission is in violation of the gambling legislation and must therefore cease (prohibition), or orders with specific independent content, such as orders to submit certification reports or legalisation of marketing of gambling within a set deadline.

A decision on an order is a decision under administrative law. This means, among other things, that the decision can be appealed. If the Danish Gambling Authority assesses that there is a basis for issuing an order, the Danish Gambling Authority will first send a written letter of consultation (unless it is a verbal order - in these cases, the consultation is also conducted verbally) to give the recipient the opportunity to comment on the case.  

Reprimand

The Danish Gambling Authority can issue a reprimand if a breach has been established, but the breach no longer exists. 

Orders cannot be used in such cases as there is nothing to rectify in the future. Instead, a reprimand can be issued for the violation. 

A reprimand will form the basis of the future supervision of the company in question and in the assessment of future inspection cases.

A decision to reprimand is a decision under administrative law. This means, among other things, that the decision can be appealed. If the Danish Gambling Authority assesses that there is a basis for issuing a reprimand, the Danish Gambling Authority will first send a written letter of consultation to give the recipient the opportunity to comment on the case.

Clarification of the rules

The Danish Gambling Authority can clarify the rules in the gambling legislation, for example if we find or suspect violations.

'Clarification of the rules' only informs the recipient about the Danish Gambling Authority's interpretation of applicable law in a specific field. The Danish Gambling Authority may apply clarification of the rules in cases where we assess that there has been a violation of the gambling legislation, but where the violation is not of such a nature that it results in a different response.  

When the Danish Gambling Authority clarifies the rules, it is not an administrative decision. It is therefore not possible to appeal the Danish Gambling Authority's clarification of the rules.

If there are doubts about the facts of the case, there will be a prior consultation of the parties.

A clarification of the rules can be included in the assessment of future supervision of the company or person in question. 

Report to the police

If a company or person has violated a punishable provision in the gambling legislation, the Danish Gambling Authority will, based on the nature of the violation, assess whether there is a basis for a report to the police. When the Danish Gambling Authority reports a company or person to the police, the case is handled by the police.

Notice of violation (transition period)

A notice of violation is an information about which rules apply and can be considered a yellow card. The Danish Gambling Authority sends notices of violation in cases where we assess that there has been a violation of the legislation, but where the nature of the violation does not result in a police report.

A notice of violation is not a decision because it does not impose any obligation to act on the recipient. The notice of violation only informs the recipient about the Danish Gambling Authority's interpretation of applicable law in a specific field. It is therefore not possible to appeal a notice of violation.

If there is no doubt about the facts of the case, you can receive a notice of violation without a prior consultation.

During a transitional period, the Danish Gambling Authority will continue to apply notices of violation in cases initiated before 1 July 2024. 

Publication

The Danish Gambling Authority is obliged to publish all fines, convictions and partial convictions for violations of the Gambling Act and regulations regulations issued pursuant to the Gambling Act or a summary thereof on the Danish Gambling Authority's website. 

The publication must include the name of the company or personally owned business. Published fines, convictions and partial convictions must remain on the Danish Gambling Authority's website for 5 years after publication. 

If the judgment is not final or has been appealed or reopened, this must be stated in the publication. If the Danish Gambling Authority receives documentation that the case has been concluded by an acquittal, the Danish Gambling Authority must remove all information about the case from the Danish Gambling Authority's website within seven working days of receipt. 

This disclosure obligation differs from the disclosure obligation in the anti-money laundering field. 
 

Inspection and responses under the Anti-Money Laundering Act

Inspection

The Danish Gambling Authority inspects all gambling operators with a licence to offer gambling in Denmark and gambling operators established in Denmark who offer gambling abroad. 

In connection with the Danish Gambling Authority’s inspections, the Danish Gambling Authority selects specific gambling operators, based on a risk assessment, for inspections where it is assessed whether the gambling operators comply with the obligations of the AML Act. 

Types of inspections

The Danish Gambling Authority carries out three types of inspections: a full-scope inspection, an ad hoc inspection and inspections focused on a specific topic. 

The Danish Gambling Authority conducts full-scope inspections to check whether gambling operators comply with all obligations of the AML Act. 

The Danish Gambling Authority uses ad hoc inspections to check whether gambling operators comply with specific obligations of the Anti-Money Laundering Act. 

An inspection focused on a specific topic is used by the Danish Gambling Authority to check whether gambling operators comply with a specific topic of the AML Act.  

Gambling operators are obligated to submit all information necessary for the inspection to the Danish Gambling Authority. 

The process of the inspection

Here, you can find out more about how the inspection process may proceed. However, the Danish Gambling Authority will always consider the specific circumstances of each inspection. 

The Danish Gambling Authority will let the gambling operator know that they have been selected for an inspection. At the same time, the gambling operator will be requested to send in written materials which they are obligated to have prepared under the Anti-Money Laundering Act. 

The Danish Gambling Authority then reviews the material. If the Danish Gambling Authority needs any additional material, we will request that the gambling operator send it to us. 

After reviewing the material, the Danish Gambling Authority considers whether there is a need for an interview with the gambling operator about the specific case. The purpose of the interview is, among other things, to asks questions about the material. 

If the Danish Gambling Authority assesses that there is a basis for responding to the gambling operator, the Danish Gambling Authority will send a written notice of consultation to give the gambling operator the opportunity to comment on the matter. 

Finally, the Danish Gambling Authority will end the case with a response in the form of an order and/or a reprimand, a report to the police or a concluding letter without a response. 

If the Danish Gambling Authority decides on a response in the form of an order and/or a reprimand, the Danish Gambling Authority will publish a summary of the response on the Danish Gambling Authority’s website. 

If the Danish Gambling Authority decides on an order, the gambling operator will be offered a guidance meeting with the Danish Gambling Authority. 

Responses

Under the AML Act, the Danish Gambling Authority can either issue requests for immediate improvements, reprimands, orders or reports to the police. 

Immediate improvement

Uncomplicated and insignificant breaches of formalities and in cases where the gambling operator admits having made a mistake, we may, as an alternative to an order, enter into a verbal agreement with the gambling operator about an immediate improvement.  It means that the gambling operator agrees to immediately correct the situation in compliance with the Danish Gambling Authority’s order. 

Immediate improvements are therefore used in situations where we assess that an order is unnecessarily formal. 

Orders

The Danish Gambling Authority can issue an order to gambling operators for breaches of the Anti-Money Laundering Act. The order will include a deadline before which the gambling operator must comply with the obligations under the Act. 

The Danish Gambling Authority issues orders in situations where the Danish Gambling Authority ordes a specific behaviour or action in the future. It can both be in cases where the gambling operator acts contrary to the law or fails to act although an action is required by law. 

The order will include a deadline of when the gambling operator must comply with their obligations under the Act. 

An order cannot be issued about breaches that no longer exist. 

Reprimands

If we find a no longer existing breach of legislation, the Danish Gambling Authority cannot issue an order in response, as there is no future behaviour to correct. For example if the gambling operator has already corrected the situation on their own initiative. 

Instead, the Danish Gambling Authority can reprimand the gambling operator, which is a variation of an order.

Report to the police

Intentional or grossly negligent breaches of a number of provisions of the AML Act may cause us to report the matter to the police and may result in a fine for the gambling operator unless a higher penalty is due under the criminal code. The statute of limitations for violations of the AML legislation is 5 years. 

In the fixing of the fine, the business’s net turnover at the time of the crime must be considered.

Publication 

The Danish Gambling Authority is obligated to publish responses under the AML Act on our website. 

Responses are all decisions made by the Danish Gambling Authority, including orders, reprimands, and decisions to report a gambling operator to the police. The publication must appear from the Danish Gambling Authority’s website for 5 years.