The Swedish online gambling trade organization, Branschföreningen för Onlinespel (BOS), is urging a reconsideration of how anti-money laundering (AML) fines are assessed as a government consultation on the implementation of new EU AML regulations comes to a close today, October 30.
In July, the Ministry of Finance released a memorandum that outlined how Sweden should adjust its legislation to comply with the EU’s AML framework. This new regulation will be applicable directly across all EU member states starting July 10, 2027. The Ministry invited input from BOS and other relevant stakeholders.
While BOS generally supports the proposed measures, it has raised concerns over a recommendation that fines imposed on operators in Sweden should be calculated based on the total turnover of their entire corporate group.
BOS insists that only the revenue generated in Sweden should be considered when determining fines. The organization argues that including total group figures risks imposing double penalties, which contradicts both Swedish and EU laws.
BOS advocates for calculating fines based on the gross gaming revenue (GGR), which reflects the earnings remaining after player winnings have been distributed. The premise is that winnings are held in trust for players and are not the operators' funds.
Typically, for every SEK100 wagered, about SEK95 is returned to players, leaving SEK5 for the operator. BOS suggests that this SEK5 should serve as the foundation for any potential fines. This stance was likened to banking penalties, which are based on a bank’s own revenue rather than on the entirety of funds held in customer accounts.
“BOS welcomes the proposed EU anti-money laundering package. It has the potential to become an important tool in the fight against money laundering,” commented BOS Secretary General Gustaf Hoffstedt.
“Nevertheless, we need to revisit certain aspects, particularly around administrative fines, to ensure fairness, avoid double punishment, and enhance legal clarity overall.”
This is not the first time BOS has made the case for using GGR. The organization found backing from Sweden’s courts previously. In 2023, the Supreme Administrative Court ruled that fines under the Gambling Act should arise from GGR rather than from total corporate turnover. This ruling followed a case involving Genesis Global, which faced a SEK4 million fine for insufficient connection to the national self-exclusion register, Spelpaus, as fines had previously been calculated based on total stakes.
In July, the Administrative Court in Linköping confirmed penalties of SEK6.5 million against Betsson Nordic, SEK5.5 million against Snabbare, and SEK10 million against Spooniker for violations of AML regulations, illustrating that this issue continues to resonate within the sector.
The European Commission first put forward the proposed AML reforms in 2021, which included establishing a new EU Anti-Money Laundering Authority, and the package received formal adoption in 2024. In response, the European Gaming and Betting Association indicated it would revise its AML guidelines to reflect these changes.
