ESA Investigates Norway’s Gambling Payment Ban Over Legal Concerns

Norway’s sweeping Payment Transaction Ban (PTB), originally aimed at stopping unlicensed gambling, is now under investigation by the European Free Trade Association Surveillance Authority (ESA). Critics argue the policy unfairly restricts legal cross-border services, raising potential violations of European Economic Area (EEA) law.

The preliminary inquiry was confirmed at the 2025 Spillkonferansen gaming conference, signaling a significant moment in Norway’s ongoing debate over gambling regulation.

ESA Launches Inquiry Following NBO Complaint

The Norwegian Trade Association for Online Gaming (NBO) lodged a complaint with ESA on November 8, 2024, outlining how the PTB now blocks a wide range of lawful financial transactions. Thomas Nordby of the Schjødt Law Firm, who represents the NBO, said ESA acted unusually quickly.

“We have good news,”Nordby told attendees. “We filed a complaint on 8 November 2024, and unlike many others, ESA showed immediate interest. They’ve already called for meetings — not just with case officers, but with the head of the Internal Market department.”

While the PTB was intended to prevent Norwegian consumers from accessing unlicensed gambling services, the complaint claims it now affects a much broader range of transactions.

“The widened application of the PTB covers legal transactions to and from undertakings established in other EEA States,” the complaint notes. “This includes legal gambling transactions and non-gambling related transactions.”

Legal Services, Crypto, and Tourism Also Affected

Rebecca Hodnekvam of the Schjødt Law Firm explained that the PTB has created practical problems for citizens and businesses. According to her, even payments for legal activities such as hotel stays or dining abroad are being blocked if they are loosely associated with gambling.

“It impacts Norwegian citizens using legal services abroad, including casino hotel stays or dining,” she said. “Even when services are not directed at Norway, the payments are being blocked.”

The complaint further states that Norwegian consumers are restricted from using third-party services such as eWallets, and businesses offering crypto services in other EEA states are also being affected.

“Even though none of the transactions fall under the scope of the PTB, holders of Norwegian bank accounts or credit cards are effectively hindered,” it adds.

Potential Legal Fallout and Political Timing

Nordby emphasized that ESA’s quick response could be the start of a formal treaty infringement process. “This is not a quick fix,” he said. “But it is significant. ESA is now preparing a Request for Information to the Norwegian authorities.”

He noted that ESA tends to act decisively when it identifies probable violations.“Once a letter of formal notice is issued, it usually means ESA has made up its mind,” said Nordby.

The timing of the case is critical. With parliamentary elections looming, a ruling or formal action from ESA could influence gambling policy discussions.

“If we see a formal ESA letter around the time of the 2025 parliamentary election, this could strongly influence the gambling policy debate,” Nordby added.

Both Nordby and Hodnekvam urged industry players to share real-world cases to strengthen ESA’s case. “ESA is only as good as the evidence we give them,” Nordby stressed. “Share your stories. Payment failures. Business disruptions. These matter.”

Source:

“Norway's gambling regulation and payment ban under investigation”, sigma.world, Jun 10, 2025