Sweden deepens Gambling Act text to combat black market

Summary

The Swedish government has published memorandum Ds 2025:23 proposing substantial changes to the Gambling Act 2018 (Spellagen 2018:1138). Prepared by Marcus Isgren at the request of Minister for Financial Markets Niklas Wykman, the proposals move the legal test from whether an operator targets Sweden to whether Swedish residents can actually participate.

Key measures include a shift to a participant-based enforcement model, stronger rules to restrict payment flows to unlicensed operators, a new presumption that payment facilitators must treat users as in Sweden unless proven otherwise, and clarified criminal provisions. The changes would broaden enforcement beyond licensed operators to cover payment and administrative services that enable illegal gambling. The proposals are planned to take effect on 1 January 2027.

Key Points

Memorandum Ds 2025:23 recommends widening the scope of the Gambling Act so it applies where Swedish people can take part, not only where services are aimed at Sweden.
The legal test shifts from operator “intent” (aiming at Sweden) to “actual participation” by Swedish users.
Proposed expansion of the ban on promoting illegal gambling to include provision of payment solutions and other financial/administrative services to unlicensed operators.
A new presumption rule would require payment facilitators to assume users are gambling from Sweden unless clear proof shows otherwise.
Criminal provisions would be updated to align with the participant-based approach, strengthening enforcement powers against unlicensed operators and enablers.
All proposed changes are targeted to come into force on 1 January 2027, giving industry time to adapt.
The industry body BOS has welcomed the proposals and reiterated calls for a separate investigation into low online casino channelisation (estimated at 72% in 2023 vs a 90% government target).

Context and Relevance

These proposals mark a significant tightening of Sweden’s regulatory reach in the digital gambling space. By targeting actual user participation and the wider ecosystem that enables unlicensed play (not just operators’ marketing), the reform aims to close long-standing enforcement gaps used by grey-market providers.

Operators, payment processors, affiliates and compliance teams should take note: the changes could require technical and contractual measures to block Swedish access, revise payment screening and update compliance frameworks. The presumption rule in particular shifts the burden onto service providers to demonstrate a user is outside Sweden.

Why should I read this?

Short version: if you work with iGaming, payments, compliance or run affiliate/referral channels — this could bite. Sweden’s moving from theory to practice: it wants to make it harder for unlicensed sites to hide behind jurisdictional smoke. Read the detail so you can spot what to change before 2027 rolls in.

Source

Source: https://igamingexpert.com/regions/europe/sweden-gambling-act-rewrites/