Danish ISPs defeated in unlicensed gambling website blocking case
Appeals court upholds rights of Danish Gambling Authority to block 55 sites as regulator introduces new EU directive concerning inspection of IT equipment
A court in Denmark has dismissed an appeal by Danish-facing internet service providers (ISPs) to order the unblocking of 55 gambling websites to Danish players. The 55 gambling websites were given blocking orders by the Danish Gambling Authority (DGA) in March as part of a wider crackdown on unlicensed gambling sites. Judges in the Danish City Court dismissed a prior lawsuit by the ISPs upholding the right of the DGA to bar access to the websites, which are not directly licensed in the Danish market. Twenty-two online casino sites were blocked by the DGA, with a further 23 so-called skin betting sites included on the 55-strong list. In its initial legal challenge against the blocking order, the ISPs claimed the move could only be enforced if the DGA could effectively prove that Danish consumers had gambled on each site. This was later proven by the DGA via screenshots and additional evidence, leading to the Danish City Court ruling. This latest challenge means the websites will continue to remain blocked to Danish players. Elsewhere, the DGA has confirmed the introduction of a new European Union directive concerning the placement of any data other than personnel data in the EU. This directive, which applies to online casino, online betting and land-based gambling sites, aims to reduce some of the administrative burden on regulatory entities. In relation to the online gambling technology used, there has until now been a requirement that the IT equipment used to offer games in Denmark must, as a starting point, be located in Denmark. This changes with effect from 30 May as licence holders will now only have to give the DGA remote access to carry out an inspection of the operator’s IT equipment used for offering online casino or sports betting. The requirement for remote access may, however, be waived by the Danish Gaming Authority if the licensee has a licence to offer games in another country. This will apply where the operator is regulated by another recognised regulatory entity which has an existing agreement with the DGA.