Swedish trade body welcomes proposal to criminalise unlicensed operators
Summary
A Swedish government inquiry submitted to the Ministry of Finance on 23 September proposes changing the Gambling Act so that unlicensed operators who passively accept Swedish consumers can be criminalised. The inquiry recommends replacing the current directional criterion with a participant criterion — focusing on whether people in Sweden can participate, rather than whether operators target Sweden.
BOS, the Swedish trade association for licensed online gambling operators, has welcomed the proposal. If enacted, unlicensed operators would have to take active measures to exclude Swedish consumers or face criminal liability. Currently, unlicensed sites can legally accept Swedish players if they avoid Swedish language or currency; the change would close that loophole.
The inquiry also suggests expanding the administrative promotion ban to cover payment solutions and financial services used by gambling companies, including a presumption rule that payment mediators should assume users are gambling from Sweden unless proven otherwise. The investigation recommends the amendments come into force on 1 January 2027, subject to Riksdag approval.
Key Points
- The inquiry proposes replacing the directional criterion with a participant criterion in Sweden’s Gambling Act.
- Unlicensed operators that passively accept Swedish consumers could be criminalised.
- Operators would need to take active measures to block Swedish participation to avoid liability.
- Payment solutions and financial services could fall under the administrative promotion ban, with a presumption rule for payment mediators.
- BOS has long campaigned for tougher action since Sweden reregulated in 2019 and welcomed the proposal.
- Proposed legislative changes are targeted to take effect on 1 January 2027, pending parliamentary approval.
Why should I read this?
Because if you work with licences, payments, compliance or run an online gambling operation this could change the game. It’s not just another policy paper — it hits at how unlicensed sites operate and how payment firms may be forced to behave. Short version: expect tighter rules, payment scrutiny and potential criminal liability unless operators and service providers act.
Context and Relevance
The proposal is part of a wider regulatory push to shrink the black market and strengthen consumer protection in regulated markets. By shifting the test to whether people in Sweden can participate, regulators aim to remove evasive tactics (no Swedish language/currency) used by unlicensed sites. The payment presumption rule shows regulators are targeting the financial rails that support illegal operators — a trend seen in other jurisdictions tackling the black market.
For licensed operators and suppliers in Sweden, the changes would likely level the playing field and reduce unfair competition. For payment providers and affiliates, it signals increased compliance obligations and legal risk if they fail to restrict services that enable access from Sweden.
Author style
Punchy: This is a consequential, industry-moving recommendation. If it becomes law, it will force rapid adjustments across operators, payment providers and compliance teams.
Source
Source: https://next.io/news/regulation/swedish-proposal-criminalise-unlicensed-gambling-operators/
