SWITZERLAND Law and Practice Contributed by: Simon Planzer and Florian Furger, PLANZER LAW
7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements Responsible gambling is among the central goals defined by the Gaming Act, whereby the population shall be appropriately protected from the “dangers” stemming from gambling and gaming. The law further demands that online casino games and large-scale games shall be accompanied by appropriate meas- ures for player protection. Applicants for a casino licence, as well as the lotteries, must submit both a security concept and a social concept; the latter must notably outline how the casino intends to ensure the protection of players not only from problem gambling (in a medical and psychiatric sense) but also from excessive gambling (that is, spending beyond a play- er’s affordability of financial means). The operators must outline which measures they intend to implement to inform players and to identify problem gamblers early on and must outline which measures they will adopt regarding self-control, game limitation and moderation, the application of exclu- sions, the training and continued education of the staff in charge of implementing the social concept, and the collection of data to evaluate the effectiveness of such measures. In doing so, the casinos and lotteries regu- larly collaborate with researchers, and prevention and treatment centres. 7.2 Gambling Management Tools Gambling management tools include the possibility of self-exclusion as well as exclusion by the operator, both online and in bricks-and-mortar casinos. The law further requires that the online player has easy access to information regarding their gaming behaviour. When opening a player account, the online player is required to define maximum amounts of what they are willing to wager per day, week, or month. This requirement is mandatory for casinos but not for operators of large- scale games. The player can further define a cool- down period during which they can choose not to play a whole category of games or any type of game. Operators are further required to provide specific infor- mation to players and to identify problematic gambling behaviour early on and act swiftly and appropriately.
Finally, prevention and treatment centres also pursue their own efforts and provide online self-control tools to players. 8. Anti-Money Laundering (AML) 8.1 AML Legislation According to Article 67 (1) of the Gaming Act, the casinos and the operators of large-scale games are subject to the Money Laundering Act ( Geldwäschere- igesetz , Loi sur le blanchiment d’argent , Legge sul riciclaggio di denaro ). The provisions of the Money Laundering Act were further outlined and detailed in secondary law, in the Money Laundering Ordi- nance ( Geldwäschereiverordnung , Ordonnance sur le blanchiment d’argent , Ordinanza sul riciclaggio di denaro ). Both the Act and the Ordinance were recently revised by the federal parliament. Furthermore, the following ordinances apply specifi- cally in the gambling and gaming sector as leges spe- ciales (special laws): • the Money Laundering Ordinance ( Geldwäschere- iverordnung (EJPD), Ordonnance du DFJP sur le blanchiment d’argent , Ordinanza del DFGP sul rici- claggio di denaro ), which was passed by the EJPD on 7 November 2018 and entered into force on 1 January 2019; and • the Money Laundering Ordinance ( Geldwäschere- iverordnung (ESBK), Ordonnance de la CFMJ sur le blanchiment d’argent , Ordinanza della CFCG sul riciclaggio di denaro ), which was passed by the ESBK on 12 November 2018 and entered into force on 1 January 2019. 8.2 AML Requirements The federal parliament recently revised the sector- unspecific Anti-Money Laundering Act (AMLA); along with the equally revised Anti-Money Laundering Ordi- nance (AMLO), it entered into effect on 1 January 2023.
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