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About 5 Frozen Charms
Published on Monday, after a period of consultation with operators and the gaming ombudsman, the guide clarified expectations around compliance with existing anti-fraud and anti-money laundering regulations without introducing new legal obligations.
While the guide does not impose novel legal duties, it effectively tightens the operational framework that operators must observe to manage player fraud in France.
It has addressed ongoing questions faced by operators regarding when it is reasonable to close accounts, withhold or return player balances, cancel bets, or redistribute tournament prizes deemed fraudulently obtained.
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The court also explored potential liabilities for trust administrators and local representatives who facilitate illegal gambling sites.
While it did not find Curaçao-based trust firm DECC and its directors liable in this case, the ruling signalled that closer scrutiny of such intermediaries could unfold.
Nederlandse Loterij has announced plans to appeal portions of the Lalabet decision, particularly arguing that trust firms have a duty to properly vet their clients.
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“There should be, in my opinion, a review of the whole ISC or consumption tax framework and find a kind of alignment or a better way to get an income in terms of taxes, but that should be balanced in order to avoid the disruption of businesses and a migration of customers to the illegal market.”
Atucha warns there is a tipping point where higher taxes can undermine channelisation, citing the UK and Germany as important case studies.
“I sometimes wish regulators would look at other cases,” he adds. “I mean, what happened in Germany, what’s happening in the UK.”