Denmark’s Spillemyndigheden issues Brexit residency warning

Spillemyndigheden, Denmark’s national gambling authority, has underlined that all licensed online gambling incumbents must ensure that their registered business entities reside in either an EU or EEA nation.

The Danish authority has issued its warning as the UK government and EU counterparts enter this week’s ‘final negotiating window’ to secure a reciprocal trade deal ahead of the EU Council Summit on 10-11 December.

Should no trade arrangement or further extension be triggered, the UK and EU will proceed to end the current ‘transitional agreement’ on 1 January 2021 – with the UK no longer allowed EU market access or member state privileges.  

Denmark’s revised Gambling Act stipulates that an individual must reside in Denmark or an EU/EEA country to maintain a Spillemyndigheden authorised online gambling licence.   

Spillemyndigheden has warned its UK residing businesses that as of 1 January “licence holders that are established in Great Britain after the end of the transition period are responsible for complying with the requirement of a representative in connection with their Danish licence if their circumstances change with Brexit”.

Impacted businesses have been urged to reference ‘Annex C’ of Denmark’s Gambling Act, in which operators can transfer licences to new representatives approved by Spillemyndigheden.

Annex-C requires all licensed operators to present a ‘full declaration of the representative’ disclosing personal information with regards to employment history, personal residence, criminal records, debt and connection with the licensed business.

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