BOS warns AML fine plans risk ‘double punishment’ for operators
Swedish online gambling trade body Branschföreningen för Onlinespel (BOS) has called for a rethink of how anti-money laundering (AML) fines are calculated, as a government consultation on implementing new EU AML rules closes today (30 October).
The Ministry of Finance published a memorandum in July setting out how Sweden should adapt its laws to the EU’s AML package. The EU’s new Anti-Money Laundering Regulation applies directly in all member states from 10 July 2027. The ministry invited BOS and other affected bodies to give their views.
BOS broadly welcomed the measures. However, it objected to the suggestion that fines for an operator’s activities in Sweden could be based on the total turnover of its entire group.
The association said only Swedish turnover should be used when calculating sanctions concerning Sweden. It added that including group-wide figures “creates clear risks of double punishment which runs counter to both Swedish and EU law”.
Fines should be based on GGR
BOS also argued that fines should be calculated on gross gaming revenue (GGR), meaning the money left after winnings have been paid out. Its reasoning is that winnings are client funds and do not belong to operators.
For every SEK100 wagered, around SEK95 is typically returned to players and the operator keeps SEK5. BOS said that SEK5 should be the basis for any penalty. It compared this with how banks are fined: on the bank’s own turnover, not on the total held in customer accounts.
“BOS welcomes the proposed EU anti-money laundering package. It has the potential to become an important tool in the fight against money laundering,” said BOS secretary general Gustaf Hoffstedt.
“At the same time, a rethink is needed in some areas – particularly regarding administrative fines – to ensure proportionality, avoid double punishment and promote legal certainty in general.”
A familiar argument
BOS has made the GGR case before, and Sweden’s courts have already backed the principle once. In 2023, the Supreme Administrative Court ruled that penalty fees under the Gambling Act must be based on GGR rather than total turnover. The case involved Genesis Global, which had been fined SEK4 million for failing to connect properly to the national self-exclusion register, Spelpaus. Until then, regulator Spelinspektionen had calculated fines on total stakes.
Weeks later, Sweden considered raising penalties for breaches of its Money Laundering Act to match those under the Gambling Act. BOS supported the plan but said AML fines should also be based on GGR, as it was unreasonable for penalties to be paid from money that belongs to players.
The issue remains live. In July, the Administrative Court in Linköping upheld Spelinspektionen’s AML fines of SEK6.5 million against Betsson Nordic, SEK5.5 million against Snabbare and SEK10 million against Spooniker.
The EU package
The European Commission first proposed the reforms in 2021, including a new EU Anti-Money Laundering Authority and the package was adopted in 2024. Last year, the European Gaming and Betting Association said it would update its own AML guidelines to reflect the new rules.