Conference proceedings, Zurich 2023

The Empire strikes back: Record fines issued by regulators!

Moderator, Nick Nocton, Partner, Mishcon de Reya, UK (NN) Speakers, Benjamin Schwanke, Joint Executive, Gemeinsame Glücksspielbehörde, Germany (BS) Jamie Nettleton, Partner, Addisons, Australia (JN) Carl Brincat, CEO, Malta Gaming Authority, Malta (CB) Peter-Paul de Goeij, Managing Director, Netherlands Online Gaming Association, Netherlands (PPG) Abstract: Some European regulators have moved to enforcement actions with very high fines. What do these enforcements actually achieve? Is it appeasement by regulators towards critical voices from politics and media? Do they effectively contribute in reducing problem gambling risks and support AML compliance? Can the fines be enforced abroad? What are the critical compliance breeches from a regulator’s perspective and how can licensed operators improve?

NN: We are moving on now to the Star Wars themed panel, The Empire Strikes Back. I’m delighted to be to be joined by two members of the empire, two of the leading regulators in Europe, Benjamin and Carl, representing the federal regulator in Germany, and of course, the Malta Gaming Authority respectively. We also have Peter-Paul, who leads the Netherlands Online Gaming Association, so I think represents the Rebel Alliance. And at the far end is IMGLs own Yoda. One of the foremost gaming lawyers in the world, but also the most prominent expert in Australia, Jamie Nettleton. We are talking about the escalation of fines and financial penalties but I think it’ll probably feed into sanctions more generally. I’m not going to indulge in talking about the UK particularly, I’m going to moderate only, but obviously the UK is one jurisdiction in which there have been some very eye catching fines and regulatory settlements. But it’s obviously also happening very noticeably in Australia, and in the Netherlands. So we’re very well represented. And in having two regulators, we can also get their insights as to what the purpose of fines are, maybe a little bit about how they’re calculated, issues to do with enforcement, etc. I’m going to ask Jamie initially, just to talk about the very

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