The Swedish online gambling association Branschföreningen för Onlinespel (BOS) is urging a reevaluation of how anti-money laundering (AML) fines are determined as a government consultation on new EU AML regulations wraps up today, October 30.
In July, the Ministry of Finance released a memorandum detailing how Sweden should align its laws with the EU’s AML framework, which will take effect across member states on July 10, 2027. The ministry encouraged BOS and other related organizations to provide their input on these changes.
While BOS generally supports the proposed measures, the association is against the idea that fines for operators in Sweden should be calculated based on the total revenue of their global operations. "Only Swedish revenue should count when determining penalties for actions taken in Sweden," BOS stated. They argued that using group-wide figures poses the risk of "double punishment," which contradicts both Swedish and EU laws.
BOS further asserted that fine calculations should be linked to gross gaming revenue (GGR), which represents the amount left after payouts to players. They contend that since winnings belong to the players, they should not contribute to penalties faced by operators. Typically, for every SEK100 wagered, approximately SEK95 is returned to players while operators retain SEK5. BOS believes this SEK5 should be the basis for any fines imposed. In their view, this approach is consistent with how banks are penalized, based on their earnings rather than the total funds held in customer accounts.
BOS Secretary General Gustaf Hoffstedt expressed, "BOS welcomes the proposed EU anti-money laundering package. It has the potential to become an important tool in the fight against money laundering. At the same time, a reevaluation in certain areas—especially concerning administrative fines—is necessary to ensure proportionality, prevent double punishment, and foster legal certainty overall."
This isn't the first time BOS has advocated for GGR-based fines. Earlier this year, the Supreme Administrative Court of Sweden ruled that penalties under the Gambling Act should be derived from GGR rather than total revenues in a case involving Genesis Global, which faced a SEK4 million fine for improper connection to the national self-exclusion register, Spelpaus. Until that ruling, penalties were calculated based on total stakes by the regulator, Spelinspektionen.
In the weeks following the ruling, Sweden contemplated increasing penalties for violations of its Money Laundering Act to align with the Gambling Act, an initiative BOS supported, again stressing that AML penalties should also derive from GGR due to the inconsistency of penalizing operators from funds owned by players.
The discourse surrounding these issues remains active. In July, the Administrative Court in Linköping upheld AML fines like SEK6.5 million against Betsson Nordic, SEK5.5 million against Snabbare, and SEK10 million against Spooniker.
The European Commission introduced substantial AML reforms in 2021, including establishing a new EU Anti-Money Laundering Authority, and the package was officially adopted in 2024. Additionally, the European Gaming and Betting Association announced plans to refresh its AML guidelines to align with these new regulations.
