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Compliance Updates

Brace Yourselves: Curaçao’s New Gambling Law Is at the Door!

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Curaçao is approaching the finishing line of their online gambling reform, with the new law being sent to the parliament. Markus Björk at Slotsoo has been in touch with both the Ministry of Finance and several Curaçao operators to find out how they feel about this big change. Do European license providers have a reason to feel threatened by Curaçao casinos 2.0?

LOK Now Just Waiting for Parliament Approval

On December 19th, Curaçao’s Ministry of Finance informed that the new law has been officially submitted to the parliament. The National Ordinance for Games of Chance, commonly referred to as LOK (Landsverordening op de kansspelen), is expected to come into effect in the first half of 2024.

Finance Minister Javier Silvania, the front figure of the reform, shares his excitement about this historical moment:

“We are very happy to reach this final stage. The submission of the LOK to Parliament is not just a procedural step, but a leap towards transformative progress.”

No More Master Licenses or Middle Men

The current setup of the Curaçao casino license is very unique, with four master license holders being in charge of giving licenses to individual casino operators and ensuring their compliance to the regulations.

This has resulted in big quality differences, and if you were to ask ten EU players how they feel about Curaçao casinos you would get very varied replies. Another critique with the current system is that most of the financial gain goes to the four master license holders, while the island of Curaçao is left with light pockets.

LOK will put an end to master licenses and middle men and require all licenses to be applied directly from Curaçao’s Gaming Control Board. This means more uniformed quality and better control. The new law will also require gambling companies to have physical presence on the island, creating new job opportunities for the locals.

The Curaçao casinos we interviewed all welcome the new setup. Spinwise (Tsars Casino) sees some hurdles, but says it will be worth it in the long run:

“The prohibition of sublicensing by master licensees introduces a new financial dynamic for individual companies, albeit with associated fees. While adaptation to the new framework may pose short-term challenges, the long-term benefits are expected to outweigh these initial obstacles.”

The Curaçao License Will Remain Tax Free

Curaçao has been a popular license choice for casino entrepreneurs ever since its conception. Alpha Affiliates’ Chief Legal Officer Alexandra Shepelevich lists the three main benefits of the Curaçao license:
  1. No tax on winnings
  2. No restrictions on player nationality
  3. Strong regulatory framework
Curaçao will not try to change this recipe with the new law. The Gross profit tax will stay at 0% for all license holders no matter how big or small the revenue is. This is a stark contrast to most licenses in Europe.
A common concern among Curaçao operators is that the new system will cause a high barrier for entry, which some see as a positive thing. The new fees for a Curaçao casino will be approximately 50000€ a year (annual license fee 24600€ + monthly fee 12 x 2050€ + yearly domain fee 250€/each, numbers based on current ANG-EUR exchange rates).
Another strategy to keep unserious casinos away is the introduction of a digital seal, which will be made available on 1st of January 2024. The digital seal is issued by Curaçao’s Gaming Control Board and will help players confirm that the website has an active license.

Keeping the Balance Is Crucial for Success

Finance Minister Javier Silvania shares that they had a very inclusive approach when drafting the new law. They consulted all the stakeholders to make sure LOK will consider different perspectives and not just serve one group. The country of Curaçao, its citizens, the gambling industry, and the players should all benefit from the reform.

Many license jurisdictions that go through a re-regulation fall into the trap of legislating too much, without the government listening to the industry or the players enough. This leads to fewer license holders and lower channelization rates, as both the operators and the players search for more attractive solutions from other countries.

All the casinos that we spoked to agree that a good balance between regulations and operational freedom needs to remain. Mark Wellington, Rollino Casino’s Chief Compliance Officer, elaborates this point in his interview with Slotsoo:
“One current challenge is maintaining a balance between fostering innovation and ensuring strict compliance with regulatory standards. Striking this balance is crucial to support a dynamic and competitive industry while safeguarding player interests.”

We wish Curaçao good luck with their new start in 2024!

Compliance Updates

UKGC Imposes Fine of £375,000 on Football Pools Limited

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The UK Gambling Commission (UKGC) has imposed a fine of £375,000 on online gambling business, Football Pools Limited, after a Commission investigation revealed social responsibility and anti-money laundering failures. The breaches were occurred between September 2022 and August 2023.

John Pierce, Commission Director of Enforcement, said: “This case demonstrates that the Licensee’s approach to anti-money laundering risk profiling and monitoring was insufficient, allowing high-risk customers to continue gambling before completing necessary enhanced due diligence checks.

“In addition, the Licensee was over-reliant on financial alerts that whilst preventing significant losses meant it failed to engage in a timely manner with some customers who were potentially experiencing other markers of gambling-related harm such as time spent gambling and high velocity spend.

“While it is recognised that necessary improvements have been made by the Licensee following the completion of the compliance assessment, the Commission will take further action if these standards are not maintained.”

The post UKGC Imposes Fine of £375,000 on Football Pools Limited appeared first on European Gaming Industry News.

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Compliance Updates

Health and Social Care Committee to Hear Evidence on Gambling-related Harms

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The Health and Social Care Select Committee will examine the current gambling landscape and the potential for harms caused by developments in gambling products in a one-off oral evidence session on Wednesday 2 April.

In 2023, approximately 25 million people in England gambled, and in the financial year to March 2024 the British gambling industry had a gross gambling yield (GGY) of £15.6 billion.

The Government has said it wants to facilitate a “cultural shift” in the understanding of gambling-related harms to reduce stigma associated with getting help. The session will see MPs probe what is needed to develop an effective public health response to gambling-related harms, and the Government’s role in leading and delivering this work.

As part of their questioning on the public health response to gambling-related harms, MPs will ask witnesses’ views on what role public health teams need to have within wider local authority services to reduce potential for gambling-related harms, and whether they think the current rules sufficiently safeguard children and vulnerable people from gambling-related harms.

In November 2024, the Government announced the introduction of a statutory levy on gambling operators, which will provide, for the first time, a dedicated statutory investment for prevention work. From April 2025, the Gambling Commission will be responsible for collecting and administering the new levy, under the strategic direction of the UK government.

In light of this, the session will see MPs pose questions to witnesses on the commissioning of effective treatment and prevention services in the context of the statutory levy on gambling operators and the role of the Gambling Commission in regulating the industry.

The post Health and Social Care Committee to Hear Evidence on Gambling-related Harms appeared first on European Gaming Industry News.

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Changes to Tipping Off Offence Came into Effect in Australia

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Businesses and individuals bound by the tipping off offence must now consider whether a disclosure could be expected to prejudice an investigation, under changes to the AML/CTF laws that came into force on March 31.

The changes to the offence, which carries a maximum penalty of around $39,000 or up to 2 years in prison, are now focussed on the harms that could flow from a disclosure.

AUSTRAC CEO, Mr Brendan Thomas, said the change is part of AML/CTF reforms passed late last year to expand and simplify the legislation.

“The previous legislation was almost 20 years old and a lot has changed in that time,” Mr Thomas said.

“AUSTRAC is about to usher in 100,000 new businesses to the regime next year and they too will be subject to the tipping off offence.

“The change to the offence is about balancing intelligence gathering with practicality to ensure we can all get the best outcome – identifying criminal activity and driving money laundering out of legitimate businesses.

“We need businesses to work with us to detect illicit transactions – tipping off risks criminals getting a heads up. Criminals can then take action to hide or disguise their illegal activities. However, we know that effective information sharing within and between businesses helps stop money laundering.”

Businesses and individuals covered by the AML/CTF legislation, including banks, casinos, remitters and money lenders, are now prohibited from disclosing certain information to another person (other than AUSTRAC), only where it would or could reasonably be expected to prejudice an investigation.

“The move to a focus on harms strikes a better balance between protecting law enforcement investigations and allowing industry to collaborate in fighting money laundering, terrorism financing and other serious crimes.”

While the tipping off offence changes from March 31, most of the obligations under the amended AML/CTF Act will not come into effect until 2026, when entities in real estate, accounting, precious stones and metals and digital assets come under AUSTRAC’s remit.

The post Changes to Tipping Off Offence Came into Effect in Australia appeared first on European Gaming Industry News.

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