DENMARK Law and Practice Contributed by: Nina Henningsen, Mazanti-Andersen
3.3 Definition of Land-Based Gambling The Gambling Act defines land-based gambling as gambling that is entered into by means of a physi- cal meeting between a player and a gaming supplier, or the supplier’s agent. Land-based games are, for example, games that are provided in shops or in phys- ical casinos. 3.4 Definition of Online Gambling The Gambling Act defines online gambling as gam- bling that is entered into by a player and a gambling operator using remote communication. Remote communication means communication without the player and the gambling operator meeting physically; for example, through the internet, telephone, radio, mobile phone, or email. 3.5 Key Offences All violations of the Gambling Act may result in penal- ties as stated in 3.6 Penalties for Unlawful Gambling . Key offences that can be committed are: • violations of the marketing provisions in the Gam- bling Act; • providing games without a licence; • violation of the terms and conditions of the licence; and • violation of the AML Act and the regulations con- cerning KYC requirements. 3.6 Penalties for Unlawful Gambling The sanctions for breaching Danish gambling legisla- tion/regulations range from a warning to up to two years in prison, depending on the specific offence. The most common sanctions are a warning and an order to correct the offence. The DGA does not have the power to issue fines and thus it is obliged to hand the matter to the Danish police with the recommenda- tion that the police issue a penalty notice. The violator can choose to accept this notice or try the matter in court. The DGA can also choose to revoke the gambling operator’s licence if there is a serious breach of the Danish Gambling Act.
In relation to online gambling operators that provide gambling to the Danish market without being in pos- session of a valid licence, the DGA will request the bailiff’s court to issue an ISP block of the relevant website.
4. Licensing and Regulatory Framework 4.1 Regulatory Authority
The Danish gambling market is supervised by the DGA, the Danish Ministry of Taxation and the Danish Consumer Ombudsman. As regards licensing, it is the DGA that issues the licence to provide gambling. 4.2 Regulatory Approach The Danish gambling market is intensively regulated and watched over by the DGA, which knows the stakeholders well. At the same time, the DGA is in general open for dialogue. 4.3 Types of Licences The provision of a game requires a licence from the DGA if the game: • is offered to the Danish market; • is subject to the payment of a stake to participate; and • falls within one of the following categories: (a) lotteries; (b) combination games; or (c) betting. As social/skill games do not normally meet the above- mentioned criteria, such games generally do not require a licence. Examples of games that can be provided without a licence include: • games with a stake, but without the opportunity of winnings; • games without a stake, but with the opportunity of winnings; and • games with a stake and winnings, where there is no element of chance, such as chess, quizzes,
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