BOS Warns Proposed AML Fines Based on Group Turnover Risk Double Punishment in Sweden

Swedish online gambling trade body Branschföreningen för Onlinespel (BOS) has called for revisions to draft rules on anti-money laundering fines, warning that basing penalties on an operator's entire group turnover creates risks of double punishment. The objection forms part of BOS input to a Ministry of Finance consultation that closed on 30 October.

The ministry's July memorandum sets out Sweden's approach to the EU Anti-Money Laundering Regulation, which applies directly in all member states from 10 July 2027. BOS broadly welcomed the package but objected to the proposed fine methodology.

Fines Must Use Swedish Turnover and GGR Only

BOS said sanctions tied to Swedish activities should rest solely on local turnover, not group-wide figures. It added that fines should be calculated on gross gaming revenue (GGR) because winnings constitute client funds that do not belong to the operator.

The association illustrated the point with a typical example: for every SEK100 wagered, roughly SEK95 is returned to players while the operator retains SEK5. That SEK5 alone, it argued, should serve as the base for any penalty, consistent with how banks are sanctioned on their own revenue rather than total customer deposits.

“BOS welcomes the proposed EU anti-money laundering package. It has the potential to become an important tool in the fight against money laundering,” said Gustaf Hoffstedt, BOS secretary general.

“At the same time, a rethink is needed in some areas – particularly regarding administrative fines – to ensure proportionality, avoid double punishment and promote legal certainty in general.”

Established Precedent and Live Court Cases

The GGR argument is not new. In 2023 Sweden's Supreme Administrative Court ruled that penalty fees under the Gambling Act must be based on GGR rather than total stakes. That matter involved a SEK4 million fine on Genesis Global for Spelpaus self-exclusion failures.

The issue remains active. In July the Administrative Court in Linköping upheld Spelinspektionen AML fines of SEK6.5 million against Betsson Nordic, SEK5.5 million against Snabbare, and SEK10 million against Spooniker. The EU reforms themselves were proposed by the European Commission in 2021 and adopted in 2024.

As reported by iGaming Business, these positions track earlier BOS submissions on aligning AML penalties with the Gambling Act. Swedish authorities now face a clear choice on whether the final implementation will respect the proportionality and legal-certainty principles already affirmed by domestic courts. Operators will calibrate compliance efforts accordingly; disproportionate structures tend to produce defensive rather than effective controls.