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The Finnish Supreme Administrative Court rules that skill-based fantasy sports games belong to Veikkaus monopoly

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Article written by Antti Koivula, consulting legal advisor at Legal Gaming

On May 24, 2022 the Finnish Supreme Administrative Court delivered its judgment on IS-Liigapörssi-case (KHO:2022:60), in which the Supreme Administrative Court analysed whether skill-based fantasy sports games are within the scope of the Finnish Lotteries Act (1047/2001) (“Lotteries Act”) and thus belong to the state-owned gambling operator Veikkaus Oy’s (“Veikkaus”) monopoly.

Finland has a statutory gambling monopoly in place, under which Veikkaus has exclusive rights to operate and market gambling. According to the Lotteries Act, all games which include a participation fee, prizes of monetary value and the result is based on chance, are within Veikkaus monopoly.  The main question in the case was if it is enough the game to be even remotely based on chance to be within the scope of the Lotteries Act and thus belong to Veikkaus monopoly, and if that was the case, whether the element of chance was present in the skill-based fantasy sports games in question.

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IS-Liigapörssi-case concerned popular fantasy sports games in Finland, in which participants form virtual ice hockey teams from real ice hockey players and points were awarded based on the ice hockey players performance on real ice hockey matches. The fantasy sports games included entry fees and prizes and they had been run since 1995 by a Finnish media giant Sanoma Media Finland Oy (“Sanoma”). It was an undeniable fact that skilled and analytical participants who invested a considerable amount of time to the fantasy sports games outperformed participants who picked the players randomly.

The background of the case is lengthy, as the national authorities had tried to shut down the fantasy sports games run by Sanoma for more than a decade. In 2008 the Ministry of the Interior made a request for investigation for the police, which carried out a preliminary investigation. However, in 2010 the National Prosecution Authority (“NPA”) made a non-prosecution decision stating that it was left unresolved whether the Fantasy Sports games in question are within the scope of the Lotteries Act.

In 2017 the gambling enforcement authority, the National Police Board (“NPB”) started administrative proceedings against Sanoma regarding the fantasy sports games and two years later in 2019 the process had reached the point in which the NPB imposed a prohibition order and a conditional fine of EUR 300,000 for Sanoma on the basis that Sanoma was not allowed to run the fantasy sports games as they qualified as gambling. Sanoma appealed to the Helsinki Administrative Court arguing that the fantasy sports games in question were skill-games with which chance had no effect on the results and thus outside the scope of the Lotteries Act, but in 2021 the Helsinki Administrative Court ruled in favour of the NPB. Sanoma appealed to the Supreme Administrative Court.

The Supreme Administrative Court acknowledged that participants knowledge and skills were meaningful in the context of success, but reminded that at the same time random factors outside the participant’s control had a significant importance too. Thus, the chance of winning was at least partially based on luck. As the fantasy sports games also included entry fees and prize money, only Veikkaus was allowed to run them in Finland.

The Supreme Administrative Court’s decision hardly came as a surprise. The Lotteries Act’s definition of gambling is extremely broad, from which a good example is that even an ice fishing competition and an auction were previously deemed to fall within it. Nevertheless, the decision yet further strengthened the NPB’s authority and it remains to be seen what is the next competition or event after which they’ll go next.

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Compliance Updates

Bede Gaming receives top level supplier certification from WLA

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World Lottery Association approves innovative software provider with certification to Security Control Standard Level 2 

Online gaming and lottery software provider Bede Gaming has taken another important step on its mission to provide market-leading and secure platform software to its customers, with the announcement that it has acquired World Lottery Association (WLA) Security Control Standard (WLA-SCS) Level 2.

The WLA is a highly respected organisation within the global lottery and sports betting industry, and its Security Control Standard is the only internationally recognised standard for lottery and sports betting operators, and their suppliers. The standard aims to assist WLA members to achieve a level of security control that is aligned with generally accepted best practices.  Though Bede has long adhered to this wide range of criteria, receiving official confirmation of WLA-SCS Level 2 marks formal recognition.

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As an associate member of the WLA and an active iGaming platform provider in the North American market, Bede successfully completed the certification process in the previous quarter and is thrilled to have achieved the highest level of certification – WLA-SCS Level 2. Successfully gaining this certification demonstrates the high quality of product and service provided to its partners. It also confirms the strong security controls and protocols Bede has in place, all of which are approved by accredited industry standards.

As such, Bede is incredibly proud of the outcome of the recent audit, with Head of Risk & Compliance Gerrard Thompson being quick to acknowledge the effort and commitment of the team in achieving the new certification.

Thompson said: “Although Bede Gaming has long upheld the strict industry standards outlined by the WLA, gaining the organisation’s highest available certification is great validation of our high standards of operation and robust security measures.

“With WLA-SCS Level 2 now in place, I’d like to extend my sincere thanks for the hard work and effort of everyone in the Bede team for helping us achieve this important industry milestone.”

The post Bede Gaming receives top level supplier certification from WLA appeared first on European Gaming Industry News.

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Arizona Department of Gaming Issues Multiple Cease-and-Desists

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The Arizona Department of Gaming (“ADG”) has taken decisive enforcement action this week against multiple unlicensed and unregulated gambling operators—both domestic and international—that have been unlawfully targeting Arizona residents. As part of its ongoing efforts to protect the public and uphold Arizona gaming laws, the Department has issued several cease-and-desist orders to unlicensed entities offering unlawful wagering activities.

The named operators are allegedly providing access to various illegal online gaming services, including slot-style casino games, “sweepstakes” platforms, sports wagering, horse race betting, and peer-to-peer wagering exchanges. These operations are not licensed by the State and fail to meet Arizona’s strict regulatory requirements, thereby posing significant consumer protection and financial risks to Arizonans.

The following unlicensed operators have been issued cease-and-desist orders:

  • Sweepstakes:
  • ARB Gaming, LLC d/b/a Modo.us
  • MODO.us (online casino) / BITMODO LLC
  • Modo
  • Epic Hunts
  • Event Wagering Sportsbook:
  • Generiz
  • Peer-to-Peer Exchange:
  • ProphetX
  • Offers Multiple Types:
  • MyBookie
  • BetUS.com

The active operations of these companies and online websites in Arizona are alleged to be felony criminal enterprises, and each operator has been directed to desist from any future illegal gambling operations or activities of any type in Arizona. Due to the unregulated and illegal online gaming offerings on these sites, operators are claimed to be in violation of Arizona gaming laws, including:

  1. Promotion of Gambling (Felony) — A.R.S. § 13-3303.
  2. Illegal Control of an Enterprise (Felony) — A.R.S. § 13-2312.
  3. Money Laundering (Felony) — A.R.S. § 13-2317.

Each aforementioned operator has been directed to immediately cease all online (or other) gambling operations and activities in Arizona, and take the necessary steps to immediately prevent and exclude Arizona residents and visitors from gambling on their websites.

“Illegal gaming—no matter the platform or format—has no place in Arizona. Whether it’s sweepstakes, online casino-style games, or unauthorized sports betting, if an operation exists outside of the state’s legal and regulatory framework, we are prepared to take enforcement action,” stated Jackie Johnson, Director of the ADG. “Illegal gambling is not just unlawful—it’s stealing from our economy and undermining the safeguards that protect consumers. The Department fully supports the licensed and regulated operators who are doing things the right way—operating within the bounds of the law, contributing to Arizona’s economy, and providing the protections that only a regulated market can ensure.”

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Consumer Protection Advisory:

As illegal online gaming activity continues to rise, the ADG urges all residents and visitors to be cautious when participating in gaming—whether online or in person. Regulated gaming offers important consumer protections—helping ensure fair play, data security, accountability, and a safer overall experience.

Many online platforms currently accessible in Arizona are neither licensed nor regulated, exposing users to significant risks, including fraud, identity theft, and financial loss. Because these operations fall outside the state’s regulatory authority, ADG cannot assist with complaints or disputes involving unregulated or illegal gaming activities—often leaving victims with no recourse for recovering lost funds. It is important to remember: just because you can download the app, access the website, and play the games does not mean the platform is legal or safe.

Individuals are encouraged to verify the legitimacy of any gaming platform before placing bets or engaging in gameplay. To protect yourself, always use legally authorized and state-regulated operators. A complete list of authorized casinos, event wagering operators, fantasy sports operators, and off-track betting for horse racing is available on ADG’s official website: gaming.az.gov.

How to Report Suspicious Gaming Activity, Fraud, or Identity Theft:

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If you encounter what appears to be an illegal gaming website, app, or an operation impersonating an authorized Arizona casino or licensed operator, take the following steps:

  1. Document the website URL, app, business name, and any promotional materials associated with the platform or operator.
  2. Report itto ADG at [email protected] and the Arizona Attorney General’s Office Consumer Information and Complaints Unit at (602) 542-5763 or by visiting azag.gov/consumer.
  3. Cease activity on the platform and monitor financial accounts for unauthorized transactions.
  4. If you suspect identity theft, report it to the Federal Trade Commission (“FTC”): for help in English, go to IdentityTheft.gov, and for help in Spanish, go to RobodeIdentidad.gov.

ADG takes complaints about all illegal gambling seriously. To report any form of suspected illegal gambling, visit gaming.az.gov/about/contact-us, call ADG at (602) 255-3886, or email [email protected]. Reports can be made anonymously.

The post Arizona Department of Gaming Issues Multiple Cease-and-Desists appeared first on Gaming and Gambling Industry in the Americas.

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Compliance Updates

KSA: Fine of €734,000 Imposed for Breach of Duty of Care

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The Dutch Gambling Authority (KSA) has for the first time imposed a fine of €734,000 on one of its licensees because the company failed to adequately protect young adults against excessive gambling and gambling addiction.

Gambling companies have a duty of care and must protect players as much as possible against excessive gambling and gambling addiction. According to the KSA, the provider in question has not sufficiently complied with this duty of care and will be fined for this.

The KSA started an investigation after signals about large losses suffered by young adults. In this investigation, a selection of 10 of the player files with the largest losses were examined at the provider, whereby violations were found in all files. These were young adult players (18 to 23 years old) who gambled away tens of thousands of euros in often a relatively short period of time.

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Michel Groothuizen, chairman of the board of the KSA, said: “We have a licensed gambling market based on the idea that anyone who wants to gamble can do so safely. That is why providers have a duty of care towards their players and must respond adequately to excessive gaming. Major losses are an important signal of that. We have intensified our supervision of the online duty of care and we take tough action against violations such as those we find here, because we really do not want to see providers continue to fail in their duty of care, especially for vulnerable young players.”

The post KSA: Fine of €734,000 Imposed for Breach of Duty of Care appeared first on European Gaming Industry News.

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