Spillemyndigheden issues residency warning ahead of Brexit talks

EU
EU

As the UK prepares to enter the ‘final negotiating window’ to secure an EU trade deal, Denmark’s national gambling authority Spillemyndigheden has confirmed registered business entities of all licensed gambling incumbents must reside in either an EU or EEA nation.

If the UK and the EU fail to create a suitable trade agreement ahead of the EU Council Summit on 10-11 December, or if no further extension is triggered, the current ‘transitional agreement’ between the two will end on 1st January 2021. Following this the UK will no longer be allowed EU market access or member state privileges.

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

UK residing businesses operating in Denmark were issued with the following update: “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.”

‘Annex C’ of Denmark’s Gambling Act requires all licensed operators ‘to present a full declaration of the representative’, including personal information regarding employment history, personal residence, criminal records, debt and connection with the licensed business.

Impacted businesses have been urged to reference ‘Annex C’ in order to transfer licences to new representatives approved by Spillemyndigheden.