European Betting and Gaming Association launches Norwegian lawsuit
Payment blocking of international operators contravenes human rights laws, according to EGBA
The European Betting and Gaming Association (EGBA) has launched a lawsuit against the Norway’s plans to institute a blanket block on all transfer of funds between Norwegian online players and international operators.
The group, which counts online operators including Betsson Group and Kindred Group among its members, has filed a lawsuit against the Norwegian government, claiming that it violates both Norwegian and EU legislation.
In January, the EGBA lodged a complaint with the EEA Surveillance Authority and the Norwegian Data Protection Authority against the proposals saying that “the manner in which the NGA obtained that account number information breaches the privacy protection rules of Norwegian citizens, including citizens that do not have any financial relation with online gambling service providers.”
“The only place the NGA could have obtained the information about these account number is from a database containing data of Norwegian citizens (the Foreign Exchange Register) to which the NGA has no right to access according to Norwegian law.”
In addition to these claims, the EGBA have asserted that in obtaining the information “it would have scanned and obtained login data of payment details belonging to Norwegians citizens that may or may not be related to online gambling services” directly in contravention to the European Convention on Human Rights.
They have now backed this earlier action up with a full lawsuit, engaging law firm Simonsen, Vogt and Wiig to bring the case to the Oslo District Court.
Norway first began to implement proposals to ban payments in April, with four of Norway’s biggest political parties collaborating on six measures designed to restrict international operators access to the Norwegian market and preserve the monopoly of Norsk Tipping and Norsk Titoto.
The plan which was submitted to the EU for approval last month would institute a general ban on companies providing payment transaction services on gambling, where the operator is not authorised under the Norwegian licensing system, while at the same time giving the NGA greater powers to investigate payment companies and bar payments where they see fit.
If implemented, the ban would go into force in 2019 and would see Norway would join Switzerland in shutting its doors to international online gambling operators.
Speaking to EGR, Maarten Haijer, Secretary General, EGBA said that: “The online customer in Norway should have access to an attractive, safe and competitive regulated offer, otherwise they will look for alternatives on the black market, thus also depriving Norway of tax revenue.
“That competitive offer is currently not available in Norway due to the monopoly regime. Almost all other countries in Europe have introduced a licensing regime for online gambling because those countries realise that a monopoly regime in the online world simply doesn’t work.”
Addressing the future role of Norsk Tipping, Norway’s primary monopoly holder, Haijer added: “Norsk Tipping is a monopoly that is well established in Norwegian society and we are not asking in any way for it to end.
“We only argue that in the online environment a monopoly simply doesn’t work, and we ask the Norwegian government to start a dialogue with stakeholders on the future of the Norwegian online gaming regulation with a view to introducing a licensing regime like those already in place in the majority of European countries.”