ANJ sanctions operator for non-compliance with withdrawal deadlines
The French National Gaming Authority (ANJ) recently made a strong statement by sanctioning a licensed operator for excessively long withdrawal delays. A fine of €5,000 was imposed, highlighting the importance of complying with legal obligations in the online gambling sector. While the financial penalty may seem modest, its symbolic impact sends a clear message to market players: transparency and fairness toward players are non-negotiable.
Thorough administrative investigation
The case began in February 2024, when the ANJ notified the operator of a potential breach of its legal obligations. Between August 2020 and August 2022, abnormal delays were observed in processing 52 withdrawal requests involving 14 players. These delays, deemed excessive, primarily concerned online sports betting.
The operator attempted to defend itself by citing necessary checks to prevent fraud and money laundering. While these procedures are legitimate, they must not lead to unjustified delays. Despite the subsequent regularization of the amounts owed, the ANJ found these explanations insufficient to excuse the breaches.
Symbolic but significant sanction
Although the €5,000 fine may appear small, its symbolic impact is far from negligible. It serves as a reminder to all operators that non-compliance with regulations can have consequences, even for seemingly minor infractions. This decision could act as a warning to the entire industry.
“This sanction underscores the importance for operators to strictly adhere to their legal obligations, or face penalties,” stated an ANJ representative.
Possible but unlikely appeal
The sanctioned operator, whose name has not been disclosed, has two months to appeal the decision before the Council of State. It could invoke the principle of proportionality, arguing that the amounts involved represented only a tiny fraction of its total transactions. However, the facts established by the investigation and the strict rules of the 2010 decree make such an appeal unlikely to succeed.
What does French law say about withdrawal deadlines?
The gambling sector is governed by strict laws aimed at protecting players and preventing financial misconduct. The law n° 2010-476 of May 12, 2010, and its implementing decree impose clear obligations on operators:
- Player funds must be paid immediately upon receipt of a withdrawal request.
- Any unjustified delay is considered an infringement.
The ANJ also ensures compliance with anti-money laundering and counter-terrorism financing rules. In cases of legitimate suspicion of fraud, reported to TRACFIN, the operator may obtain an exemption from withdrawal deadlines. However, these exceptions must be justified and documented.