ITALY Law and Practice Contributed by: Stefano Sbordoni, Sbordoni & Partners
11. Enforcement 11.1 Powers
is responsible for co-ordinating the National GAP Plan, among other things. 11.2 Sanctions The sanctions enforced by the competent authority are: • administrative sanctions imposed by the ADM ‒ for example, for technical violations (non-compliance of gaming systems), irregularities at points of sale, failure to comply with the rules on the AWP/VLT network, breaches of concession agreements, and failure to communicate data or information to the ADM; • regulatory sanctions imposed by the ADM (techni- cal supervision, concessions), AGCOM (advertising ban), and the UIF/MEF (AML); and • additional sanctions (including criminal sanctions), such as suspension of activity, closure of points of sale, suspension or revocation of concessions, and termination of branch contracts. 11.3 Financial Penalties The main financial penalties are (see also 3.5 Key Offences and 3.6 Penalties for Unlawful Gambling ): • AGCOM penalties for violations of the Dignity Decree (advertising) – up to 20% of the value of the sponsorship or advertising contract/never less than EUR50,000 (also applicable to media, platforms, and influencers); • ADM penalties for technical or administrative viola- tions of concessions ‒ from EUR5,000 to more than EUR300,000 (depending on the violation), as well as contractual penalties for concessionaires’ non- compliance; • penalties for violations of AWP/VLT rules pursuant to Article 110 of TULPS (see 3. Legislative Frame- work ) ‒ for example, EUR10,000 for an irregular device, and between EUR50,000 andEUR200,000 for disconnected or tampered devices; • tax penalties ‒ irregular payments may result in tax recoveries, late payments, interest, and GdF audits; and • penalties for AML violations (Legislative Decree 231/2007 (see 8. Anti-Money Laundering (AML) ) – from EUR2,000 to EUR1 million for serious AML
In Italy, enforcement activities aimed at ensuring com- pliance with sector regulations are entrusted to the following bodies, each with its own specific tasks: • the ADM (see 4.1 Regulatory Authority ); • the GdF, which: (a) conducts inspections of tax evasion, money laundering, and gambling fraud; (b) conducts audits of cash flows, dealer ac- counts, and irregular gaming machines; (c) combats illegal betting and unauthorised gam- bling establishments; • the State Police, which is responsible for: (a) administrative inspections of premises and licences; (b) suppression of unauthorised gambling; and (c) collaboration in blocking illegal sites (via the Postal Police Unit). • the Carabinieri (military police force), which is responsible for: (a) local inspections, inspections of gaming halls, and seizures; and (b) support for investigations into illegal networks; • the MEF, which has a steering and supervisory role in the sector; • the Ministry of the Interior, which supervises all aspects of public order and has the power to issue the licence required pursuant to Article 88 of TULPS to open gaming halls and betting shops (see 4.10 Personal Licensing ); • the UIF (Bank of Italy), which is responsible for enforcing AML regulations, in particular; • municipalities and regions, which have territo- rial jurisdiction, particularly regarding gaming hall opening hours, minimum distances from sensitive locations (schools, hospitals, churches), commer- cial licences, and local administrative controls; • AGCOM (in the online gaming sector), which is primarily responsible for overseeing compliance with the gambling advertising bans set forth in the Dignity Decree; and • the Ministry of Health and Regional Health Ser- vices, which has a role related to player protection and the fight against pathological gambling and
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