Compliance Updates
Joint Competition and Markets Authority / Gambling Commission letter to the gambling sector
“The Competition and Markets Authority (CMA) and Gambling Commission (the Commission) have now concluded their joint programme of work concerning suspected breaches of consumer protection law in the remote gambling sector.
This work focused in particular on the fairness, transparency and potential for consumers to be misled by a number of terms and practices relating to online bonus promotions, and on obstacles preventing withdrawal of customer funds.
The CMA’s work with the Commission has resulted in significant changes by the sector. Six gambling firms provided undertakings to the CMA: Ladbrokes, William Hill, PT Entertainment, BGO, Jumpman Gaming and Progress Play. Each of these firms committed not to continue or repeat certain practices which the CMA considered were unfair. But the impact of this work has been felt across the entire sector.
Our joint work provided a sharp focus on aspects of online gambling and exposed significant shortcomings within the sector that had undermined consumer trust and confidence. The Commission mandated that all gambling firms would need to comply with the requirements set out in the published undertakings, not just those firms that agreed to them.
The findings from this work, and our expectations of you, have been well publicised, and all gambling firms should, by now, have amended their terms and practices to meet the requirements set out in the undertakings.
However, for you to comply fully with your consumer law and licensing responsibilities, you must go further than simply complying with the published undertakings. You need to audit all your terms and conditions, examine your business systems and practices, embed compliance and, importantly, continually review these to ensure that you maintain high standards of consumer protection in the future.
To be compliant also requires critical scrutiny of the practices of those that you deal with, including affiliates and third-party suppliers of systems, software and call centres, as you are responsible for their actions in accordance with the Commission’s Licence conditions and codes of practice (LCCP).
The updated provisions in LCCP, which came into force on 31 October 2018, mean that the Commission can take swift and firm action if you do not comply with consumer law and ensure that your customers are treated fairly at all stages of the customer journey.
We have seen indications of the wider sector working to make changes to the way in which promotions are constructed and promoted to consumers. Recent figures from the Independent Betting Adjudication Service highlighted a significant reduction in the number of disputes raised by consumers over bonuses and other promotions.
Making changes to promotions and withdrawal practices is an important start, but it is only one aspect of achieving compliance. More needs to be done by the sector to win back consumer trust. The best operators going forward will be those who lead by example, build on the work undertaken by the CMA and treat their customers fairly and responsibly. The Commission will continue to look at how firms treat consumers and the terms and practices that they employ when assessing suitability to hold a gambling licence. As well as undertaking compliance activity, the Commission continues to work to make gambling fairer. For example, the Commission has introduced new rules around ID verification that will allow consumers to collect their winnings without unnecessary delay.
Although the CMA does not intend to take any further action in connection with its investigation, it is not the end of its relationship with the Commission or its interest in the sector. The CMA will continue to work with and support the Commission as it progresses its compliance work, and as it continues to tackle unfair terms and practices to ensure the fair treatment of consumers. It is important that you learn from the work that we have undertaken and ensure that compliance with consumer law is at the heart of your business model. This is essential for the sector to rebuild and maintain consumer trust.”
Yours faithfully, George Lusty, Senior Director Competition and Markets Authority
Yours faithfully, Paul Hope, Executive Director Gambling Commission
Compliance Updates
GoldenRace is now certified in the Netherlands
GoldenRace, global provider of award-winning Virtual Sports and betting solutions, has recently obtained a certification for its highly acclaimed Virtual Sports and Games in the Dutch market.
GoldenRace successfully navigated the stringent regulatory landscape of the Netherlands, and now will be providing its impressive betting products into the Online Dutch market, which will be an important advancement in our operational expansion.
The Netherlands betting scene is on the cusp of a substantial growth phase and with GoldenRace’s latest certification, we introduce to the Dutch market a range of highly popular games tailored to desktop and mobile, in both scheduled and on-demand modes.
Among the offer, players will enjoy our most-played Virtual Football line-up – including Football Single, Leagues, World Cup and Euro Champions-, adrenaline-pumping 3×3 Basketball and MMA and top-notch races as Horse Racing, Greyhound Racing and Grand Prix Indianapolis 60. Last but not least, our Number Games, such as Spin2Win. All ready to captivate Dutch players.
Asia
PAGCor Welcomes Lawyer Wilma Eisma as New President and Chief Operating Officer
The Philippine Amusement and Gaming Corporation (PAGCor) today welcomed its new President and Chief Operating Officer, lawyer Wilma Eisma, who took her oath of office before Executive Secretary Lucas Bersamin in Malacanang this morning.
“We are happy to welcome Atty. Wilma Eisma as PAGCor’s new President and Chief Operating Officer,” PAGCor Chairman Alejandro Tengco said. “We know she will be a great asset and her vast experience in both the government and private sectors will surely be put to good use here.”
Tengco said he witnessed Eisma’s oath-taking in Malacanang this morning. She then immediately joined her first PAGCor board meeting in the afternoon as the agency’s first ever woman President and Chief Operating Officer.
A lawyer by profession, Eisma earned her law degree from the Ateneo de Manila University and was a member of the Board of Directors of the Development Bank of the Philippines before joining the state gaming firm.
Prior to that, she also served as the first woman Administrator and Chairman of the Subic Bay Metropolitan Authority (SBMA).
Her private sector stints include leadership roles in PMFTC Incorporated, the Philippine affiliate of Philip Morris International.
She also held key positions at the Department of Trade and Industry where she worked at the Office of the Secretary and in the Office of the Majority Leader in the House of Representatives, among others.
Eisma succeeded Atty Juanito Sanosa Jr who resigned as PAGCor President and Chief Operating Officer last January.
Compliance Updates
MGA: Update to the Incident Reporting Requirements
The Malta Gaming Authority would like to inform its licensees of updates made to the Incident Report mechanism available through the Licensee Portal The information hereunder outlines relevant guidance and procedures for the submission of an Incident Report through the updated reporting instrument entitled the ‘Technical – Information Security Incident’.
As mandated by Articles 37(2)(c) and (d) of the Gaming Authorisations and Compliance Directive (Directive 3 of 2018), “Licensees shall notify the Authority forthwith, and in any case no later than three (3) working days after, the following:
(c) Any breach of the licensee’s information security that adversely affects the confidentiality of information relating to players;
(d) Any breach of the licensee’s information security that precludes players from accessing their accounts for a period exceeding twelve (12) hours.”
In this regard, Licensees are obliged to submit an Incident Report in order to notify the Authority of the circumstances relating to an information security breach that meet the above specified criteria. Additionally, Licensees are advised to remain mindful of any further obligations emanating from the General Data Protection Regulation (EU/2016/679) and any relevant legislation.
The Technical – Information Security Incident option will be accessible through the “New/Change” dropdown menu via the Portal. Upon selection, users will be directed to the applicable sections of the ‘Technical – Information Security Incident’ where all compulsory fields and any relevant documentation must be submitted to the Authority.
Upon submission, the Incident Report shall undergo review by the Authority. Any missing information that may be identified by the Authority, shall be requested accordingly from the Licensee. It is imperative that any pending clarifications are addressed in a timely manner.
If no further clarifications are deemed necessary by the Authority, the Incident Report will be closed off accordingly, and any relevant documentation will be securely filed for record-keeping purposes.
Any Incident Reports left in ‘Draft’ form (i.e. opened but not effectively submitted) for a period of ninety (90) days shall be automatically discarded.
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