The new corporate criminal offence of ‘failure to prevent fraud’, which may apply to certain Gambling Commission licensees, came into to force on 1 September 2025 under the Economic Crime and Corporate Transparency Act 2023 (“ECCTA”).

The offence applies to “large” organisations only (defined in section 201 of ECCTA, and is based on turnover, balance sheet total and/or number of employees) and applies across the UK. Nevertheless, guidance published by the Home Office (Economic Crime and Corporate Transparency Act 2023: Guidance to organisations on the offence of failure to prevent fraud) (“Guidance”) states:

Although the offence of failure to prevent fraud applies only to large organisations, the principles outlined in this guidance represent good practice and may be helpful for smaller organisations.

Relevant licensees can find further information in the Guidance to assist them in taking appropriate action to prevent fraud, as well as in the Home Office’s collection on ECCTA.

It is a licensing objective under the Gambling Act 2005 to prevent gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime, and the Gambling Commission expects all licensees to have effective measures in place to do so.

If you have any queries about the above, please do not hesitate to get in touch.