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  09/04/2024

  United Kingdom

  Three not-so-ra­n­do­mi­sed rulings from the ASA

  On 20 March 2024, the Advertising Standards Authority (“ASA”) upheld complaints against three separate social media ads for online games that failed to disclose the inclusion of loot boxes.All three complaints were made by Leon Y. Xiao, a PHD Fellow at the IT University of Copenhagen, after he published a report in January 2024 which highlighted that 93% of games that contained loot boxes did not disclose these in their social media ads, therefore failing to comply with CAP Guidance on loot boxes.The ASA examined all three ads and upheld that each ad had breached rules 3.1 and 3.3 of...

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  08/04/2024

  Hungría

  Hungary proposes ex-ante competition tool to regulate essential companies

  On 2 April 2024, the Hungarian Ministry of Justice submitted an omnibus act to the Hungarian parliament proposing the amendment of several Hungarian laws, including the Competition Act. This Proposal’s most noteworthy element is – based on the German example – expanding the Hungarian Competition Authority’s (HCA) toolbox by introducing a new ex-ante regime enabling the HCA to impose obligations on certain companies without first having to demonstrate a violation of the law.This following article summarises the Proposal’s new rules, potential consequences and next steps.PROPOSED...

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  05/04/2024

  United Kingdom

  Gambling Commission publishes new Money Laundering and Terrorist Financing Emerging Risks

  On 9 February 2024, the Gambling Commission (the “Commission”) published its new list of emerging money laundering and terrorist financing risks (the “Emerging Risks”). Operators are required to keep up to date with any emerging risks that the Commission publishes and will be expected to take them into account in developing a risk assessment, policies, procedures and controls. The last emerging risks publication by the Commission was circulated in June 2022 (the “Previous Emerging Risks”).The Emerging Risks identified by the Commission in this latest update are...

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  03/04/2024

  Ucrania

  Register of Damage for Ukraine is open for claims submission

  On 2 April 2024, the Register of Damage for Ukraine opened the claims submission process for compensation for damage, loss or injury caused by Russian aggression against Ukraine. The launch took place as part of the Ministerial Conference "Restoring Justice for Ukraine" co-hosted by the Netherlands, Ukraine and the European Commission at the World Forum in The Hague.As a reminder, the official website of the Register of Damage for Ukraine was launched on 4 March 2024. The website contains the following:documents governing the work of the Register;answers to frequently asked questions on the Register’s...

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  02/04/2024

  England and Wales

  From Dancing Cows to “The Beast”: do these gambling ads appeal to young people?

  Introduction:On 1st October 2022, the Advertising Standards Authority (the “ASA”) introduced a new gambling advertising rule (a summary of which can be read here) which strengthened the obligations on gambling operators to ensure the content of their advertisements (“ads”) does not appeal to under 18s. At the time, questions were raised as to what would constitute a “strong appeal”, but a number of rulings since the rule was introduced have provided useful insight into what is likely to fall within scope according to ASA.The ASA has previously upheld rulings...

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  26/03/2024

  Sweden intensifies crackdown on credit-funded gambling

  Proposed new amendments to the Swedish Gambling Act will mandate gambling companies to decline all credit-based payments from consumersSince the implementation of the Swedish Gambling Act (SFS 2018:1138) in 2019, Sweden has made several amendments to the Swedish Gambling Act to mitigate potentially harmful effects that gambling may entail. A notable addition has been the introduction of a gambling software operating permit during 2023. CMS Wistrand has previously published an article on this matter, which can be found here.Currently, Sweden is considering further legislative amendments aimed at...

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