A Swedish government inquiry has recommended tightening the Gambling Act by criminalising unlicensed operators who passively accept Swedish players.
The report, delivered to the Ministry of Finance on 23 September, suggests scrapping the current “directional criterion” and introducing a “participant criterion” instead. This change would make it illegal for unlicensed gambling companies to serve Swedish consumers without actively blocking them.
BOS, Sweden’s online gambling trade association, welcomed the proposal, which directly targets operators exploiting loopholes. Currently, unlicensed firms can avoid liability by not using Swedish language or currency, yet still allow Swedes to gamble.
If adopted, the new rules would close this gap and impose criminal responsibility on companies that fail to exclude Swedish participants, ensuring stricter enforcement of gambling regulations.
Gustaf Hoffstedt, BOS secretary general, said:
This is an important contribution to the possibility of strengthening the Swedish gambling licence market, which is now proposed to criminalise almost all unlicensed gambling in Sweden.
I foresee the government shortly submitting a bill to the Riksdag in accordance with the investigation’s proposal. Good job Mr. Investigator and with the hope of equally good job from the government and the Riksdag to now proceed with legislation on the matter. Unlicensed gambling in Sweden must be smoked out.
The inquiry also recommends broadening the Gambling Act’s administrative ban on promotion to cover payment providers and financial services supporting gambling companies.
A new presumption rule would oblige payment intermediaries to assume that Swedish residents are gambling from within Sweden unless evidence proves otherwise.
According to the investigation led by Marcus Isgren, the law’s scope should hinge on “whether individuals in Sweden are able to participate in the game,” rather than on whether gambling services are specifically targeted at the Swedish market.
As a result, online gambling operators would need to implement effective safeguards to block Swedish participation if they wish to remain outside the Act’s jurisdiction.
BOS, which represents licensed operators in Sweden, has been pushing for such reforms since the market’s re-regulation in 2019, consistently demanding stricter measures against unlicensed competition.
If approved by the Riksdag, the amendments are scheduled to take effect on 1 January 2027. The government inquiry underlines that the changes are intended to better shut out unlicensed gambling and enhance consumer protection in Sweden.
