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Online Gaming in Denmark

Authored by - Nordic Gambling (Last Updated Jan 2024)

Overview

Open

Denmark Online Gaming Overview

Regulated
The Danish Gaming Act entered into force on 1 January 2012 and as from this date, any gambling operator satisfying the suitability criteria set out in the Gaming Act is able to apply for and be granted licences to offer online commercial gambling and/or betting to Danish consumers. No licence for B2B operations is currently available or necessary.

The Danish Gaming Act is a framework law, meaning that detailed requirements are found in secondary legislation. However, the Gaming Act is also a prohibitory law, which means that any gambling not explicitly included in the scope of the law (or an individual licence) will be prohibited.

There are two licences to obtain for online gambling: Online casino licence and betting licence.

Land-based lottery games are reserved for the state monopoly and/or charity organizations. For gambling operations, the relevant regulator is the Danish Gambling Authority (DGA). Within gambling, the DGA is also the regulatory authority when it comes to compliance with AML-legislation.

Market Size
In 2022, the total gross gaming revenue for the betting and online casino market amounted to 700 million EUR. As of January 2024, 43 companies are licensed to offer betting or online casino games to Danish consumers.

Localisation
It is a requirement under Danish law that money transfers in and out of a player account is executed through a payment provider with an EU/EEA License to facilitate such transfers. This means that basically all main payment methods are available on the Danish market. Largest exception is crypto currencies, which are currently not facilitated by the EU/EEA licensed payment providers.

The restrictions regarding marketing are focused entirely on form, targeting and content and does not exclude any particular marketing/advertising channel. Direct marketing requires very specific opt-in consent from the recipient, and these rules are enforced fiercely by the Danish Consumer Ombudsman’s office.

The DGA is very active enforcing the specific regulations on gambling marketing and in particularly the regulations regarding bonuses.

Top 5 Key Attractions and Challenges

Attractions

  • Denmark has a well-established regulatory regime, and gambling authority, which to a large extent understands that the ability of the licensed operators to run a sustainable and profitable business is important to maintain the efficiency of the current model
  • It is relatively easy and inexpensive to obtain a license in Denmark. It is a well proven licencing process, and the DGA has published templates and guidance that makes it a predictable process
  • The channelisation is relatively high in Denmark. The actual number is disputed but ranges somewhere between 95% (DGA’s assessment) and approx. 85% (Industry Assessment)
  • Very open product portfolio, open liquidity, betting not restricted to sporting events
  • No limitation on number of license holders, always open to new applicants

Challenges

  • Denmark has one of the highest living expenses in Europe
  • It is a small market, with a small exotic language, although most Danes are comfortable doing business in English
  • With a gambling duty of 28% of GGR (no deductions allowed on bonus money, free spins etc.) the tax in Denmark is relatively high
  • The use of bonuses is becoming increasingly more restricted from a regulatory point of view
  • Politically, the Gambling Industry is not in a great standing, and political debates suggesting to further restrict the industry is not a rare occurrence. However, most recent considerations and attempts to ban advertising seems to have been discarded for now

Licensing & Regulation

Well-regulated / Unregulated (Open)

Denmark Online Gaming Licensing & Regulation

Licence Triggers
Decisive for a licence trigger is that a remote gambling operator targets the Danish market. An operator is considered to be targeting the Danish market if one of the following factors in the offering is present:

Danish language on the website Danish language customer service available Marketing material published in Danish Acceptance of Danish currency Offering of...

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Enforcement

Irregular / Mixed impact

Denmark Online Gaming Enforcement

Regulatory Body
Danish Gambling Authority

Supervision By Regulator
Enforcement of Danish gambling legislation and supervision of licensed operators lies with the Danish Gambling Authority. However, prosecution before the Danish courts is the responsibility of the Danish police.

Enforcement Against Licenced Operators
When a legal practice is established at the courts, it is within the remit of the...

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Marketing

Restricted

Denmark Online Gaming Marketing

Marketing of online gambling is subject to strict regulation in the Danish Gaming Act, the executive orders on betting and online casino and the Marketing Practices Act. The rules restrict the messaging in advertising and the limits the use of sales promotional measures (bonusing).

The general guidelines for marketing states amongst other things that advertisements for gambling products:

Must present...

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Fees

Low

Denmark Online Gaming Fees

Application Fees
It costs DKK 285,800 in application fee for a single licence. Applications for two licences (online casino and betting) cost DKK 400,100.

Ongoing Fees
Annual fees apply as well. The level applicable depends on the annual gross gaming revenue earned. The fees range between DKK 57,000 per year and DKK 5.1 mil per year based on...

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Taxes

Average

Denmark Online Gaming Taxes

Licence Taxes
The tax rate applicable to the licensed operation of betting and online casino is 28 percent of gross gaming revenue. The tax is to be calculated, reported and paid on a monthly basis. A negative GGR in one month cannot be set-off against a positive GGR in the following months, and no gambling taxes are returned on...

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Future Outlook

Negative

Denmark Online Gaming Future Outlook

The Danish government is preparing a B2B licensing regime, which will require software and game providers to acquire their own licence to enable them to supply their products to operators licence in Denmark.

The details of this new regime are expected to be published and sent in public hearing amongst relevant stakeholders during the first half of 2024, and is...

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Legal Expert

Nordic Gambling

Office locations Denmark (Copenhagen) / Sweden (Stockholm) / Norway

Nordic Gambling is the only legal firm with established offices in both Denmark and Sweden which specialises in gambling related law.

The partners of Nordic Gambling are recognized as leading legal experts in the gambling industry. We have gained extensive experience in the industry from working with operators, suppliers, service providers and regulators. We have been closely involved in the development of the laws in a number of European jurisdictions, including Denmark and Sweden.

Our team is qualified to assist in any matter related to gambling, including licensing, compliance advice and public affairs. We also advice in areas closely related to gambling, including anti-money laundering, data protection, marketing, sponsorship, etc.

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Contact Denmark - Nordic Gambling

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