Sweden proposes to replace the current “direction/targeting” criterion with a participation criterion: if people in Sweden can take part in an online game, the Gambling Act applies. That makes accessibility not marketing language or currency the trigger for compliance. The memo explicitly aims to push more play into the licensed channel and strengthen consumer protection. The entry-into-force date proposed is January 1, 2027.

Practically, this means offshore sites that wish to remain outside Swedish jurisdiction must introduce effective geoblocking and other technical/operational measures to prevent participation from Sweden. The memorandum notes that operators can locate users via IP addresses and block Swedish IPs; doing nothing would expose them to Swedish enforcement.

New presumption and tougher duties

A new rule would require payment intermediaries to presume that transactions to or from an unlicensed gambling operation involve play from Sweden whenever the customer is resident or habitually present in Sweden unless it’s shown the person is playing from abroad. The memo says the presumption can be rebutted only where there are concrete indications the customer is abroad.

The document also acknowledges that users can try to bypass geoblocks using VPNs. In parallel, because the evidentiary bar for rebutting the presumption requires concrete indications of foreign presence, IP-masking alone would not satisfy that standard.

Facilitators face broader exposure

On the enforcement side, Sweden would expand the scope of both administrative and criminal rules on “promoting” unlicensed gambling. Providing payment solutions or similar economic/administrative services to unlicensed operators could qualify as unlawful promotion even if the service isn’t tailor-made for gambling where the provider knows it enables unlicensed play in Sweden.

The government frames the package published on September 17, 2025 as “Ds 2025:23” as a way to make the new participation-based scope bite, especially by choking off payment flows between Swedish consumers and unlicensed sites. If adopted as drafted, the combination of a participation test and payment presumptions would mark a notably presumption-led approach within Europe.

Source: https://www.regeringen.se/contentassets/132bb8fff60f4f9ba4ecb3330f7051f4/spellagens-tillampningsomrade-ds-202523.pdf