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Compliance Updates

French Regulator Gains Power to Block All Unlicensed Gaming Sites

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French regulator L’Autorité nationale des Jeux (ANJ) has been granted the power to block any unlicensed gambling website from operating in France, regardless of whether they advertise to French customers.

The “Law for the democratisations of sport in France” signed into law last week implements several measures on access to sport and to tackle match-fixing. However, it also grants the ANJ new powers to take action against unlicensed gambling.

Those new powers put the ANJ in a comparable position to the Dutch gambling regulator KSA, which is also able to block all unlicensed sites. Sweden has proposed a similar move.

The legislation reads: “The president of ANJ may address to any person whose online gambling offer is accessible on French territory a formal notice to cease this activity.”

The formal notice will invite the operator in question to respond with observations within five days. After that deadlines passes with no action being taken, the ANJ may order internet service providers and search engines to “take any measure intended to prevent access”.

The ANJ has already blocked some 250 unlicensed gambling sites. It said the new powers would help it in its goal to reduce unlicensed gambling this year.

It said: “This legislative development is a major step forward in the fight against the illegal offer of gambling in France, which the ANJ has made a priority project for 2022.

“It supports the new cooperation strategy that we have been developing for several months, with all digital players (search engines, social networks, content exchange platforms, payment solution providers) to hold them accountable and stem the proliferation of illegal offerings.”

Under the new legislation, the ANJ must also collect and analyse reports of suspicious betting on French-licensed websites, something it already does.

Australia

Victoria’s Gambling Industry Held to Account

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In 2023–24, the Victorian Gambling and Casino Control Commission (VGCCC) took 88 disciplinary actions against gambling licensees and employees, demonstrated zero tolerance for betting on or by minors, and began implementing a new risk-based, intelligence-led regulatory approach.

Tabled in Victoria’s Parliament, the VGCCC annual report demonstrates a commitment to ensuring gambling providers not only live up to the letter of the law but abide by its spirit.

“Our regulatory response is proportionate to the risks posed and harms caused when a gambling operator fails to comply with its obligations,” VGCCC Chair Fran Thorn said.

“We have no tolerance for deliberate or opportunistic contraventions of the law and will not hesitate to take appropriate action when we detect a breach.”

During the year, the VGCCC undertook more than 1600 audits, completed 2770 inspections of venues across the state, including a regional blitz, and brought 10 successful prosecutions.

Disciplinary action was taken against various licensees, including Tabcorp and the Australian Leisure and Hospitality Group (ALH). They included fining:

• Tabcorp $1 million for repeated failure to comply with directions during a VGCCC investigation into a major system outage

• ALH $480,000 for operating poker machines at 8 venues outside of nominated trading hours and failing to observe mandatory shutdown periods

• Myndit Pty Ltd, the former operator of the Rye Hotel, $80,000 for multiple breaches of cheque payment and financial record-keeping requirements. On one occasion, Myndit paid a cheque for poker machine winnings to a person who was not in the venue at the time the winnings were accrued.

Ms Thorn highlighted the success of the VGCCC’s new tip-off function, which makes it easier for members of the public to anonymously report inappropriate or suspicious conduct.

“In the first year, we received more than 260 tip-offs across a range of issues,” she said.

Following an online complaint from a member of the public, the VGCCC investigated and prosecuted bookmaker Bluebet Pty Ltd for illegally displaying gambling advertising on a public road. The company was found guilty of 43 charges and fined $50,000.

“We also worked with the AFL to implement tighter controls for Brownlow Medal voting and betting following reports that an umpire allegedly leaked the results of round-by-round voting in 2022.

“And in response to community concerns, we engaged with sports controlling bodies to successfully ban betting in Victoria on all under-19 sporting competitions and the performance of individual players under the age of 18 in junior and senior sports.”

In March 2024, after 2 years under the supervision of the government-appointed Special Manager, the VGCCC determined Crown Melbourne was fit to hold the casino licence.

“The licence comes with strict operating conditions, including that Crown continue its reform program under a 3-year Transformation Plan against which it will be held to account,” Ms Thorn said.

“We have a responsibility to ensure gambling activities in Victoria are conducted in compliance with regulatory obligations and providers operate safely, fairly and with integrity.”

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Asia

India Investigates Google Over Policies for Real-money Games

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India’s competition oversight body has ordered a probe into Google over its policies for real-money games on its platform

The investigation comes after a complaint by online gaming group WinZO that called Google’s policies restrictive.

WinZO contacted India’s Competition Commission (CCI) back in 2022, after it was excluded from Google’s Play Store, despite some of its competitors being allowed.

Google’s policy had allowed for real-money games which include rummy and fantasy sports but the company was rejected for carrying games in other categories that Google did not accept – including car racing, puzzles and Indian carrom.

“By granting preferential treatment to select app categories, Google effectively creates a two-tier market where some developers are accorded superior access and visibility while others are discriminated against and thus, left with a competitive disadvantage,” indicates a letter from the CCI.

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Compliance Updates

Gaming Control Board (GCB) Statement on Allegations Regarding Curaçao’s Licensing Reforms

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The Gaming Control Board (GCB) took notice of a recent complaint made regarding the National Ordinance on Games of Chance (LOK) reform process and the integrity of Curaçao’s licensing regime and wishes to state as follows.

Authority to issue licenses

In pursuance of the National Ordinance on Hazard Games (NOOGH), the Governor is authorized to grant licenses for operating hazard games on the international market via service line providers. This authority was mandated to the Minister of Finance in December 2019, who subsequently mandated this authority to the GCB in March 2020, followed by an amendment in November of 2023. Hence, the GCB has the authority to grant, amend, suspend temporarily, revoke, or deny licenses, as well as attach terms and conditions to licenses. The allegation that the GCB lacks the legal authority to grant license is therefore incorrect.

The licenses granted on the basis of the NOOGH are not provisional licenses. Any applicant whose application is approved will be issued a license.

When the new regulatory framework (LOK) is enacted and comes into force, NOOGH license holders will automatically be granted a provisional license based on the LOK. This allows them up to one year to comply fully with all LOK requirements as a transition period.

Comprehensive Licensing Process

Under the current regime, GCB has established a multi-phase license assessment process.

License applications undergo completeness checks for the required documents, due diligence on decision-makers including sanction screening, review of the business plan and initial evaluation of the websites.

At each stage, communication with the applicant is facilitated via the GCB online portal resulting in absolute transparency, and real-time checklists are available to every single applicant.

This assessment process concludes with a report, based upon which the GCB executive team decides whether to grant or deny a license. The applicant can follow this process through the portal. The application and monitoring processes are largely manual but are supported by technology. Currently, there is little to no use of AI by the GCB, although going forward it would be remiss not to incorporate emerging technologies where it adds value. This licensing process is managed by the GCB with the support of its team of advisors.

Fee Payment

Once licenses are approved, invoices are issued by the GCB and the operators pay their fees directly into an official government bank account and not via the online gaming portal. There is no scope for mismanagement. The assertion that funds may have been embezzled is therefore not correct. Once the payment has been received the license will be granted by the GCB.

Foreign Violations

Operators are responsible for ensuring compliance with the legal requirements of all jurisdictions in which they operate. Violations are addressed by competent foreign authorities. The GCB does not have the jurisdiction to oversee or intervene in alleged breaches of foreign regulations. In this context, the GCB relies on formal decisions issued by competent foreign authorities. Enforcement actions taken by the GCB depend on factors such as the severity of the violation.

Player Complaints

Player complaints handling is the responsibility of the online operators, based on their terms and conditions, which are reviewed by the GCB. Under the LOK, Alternative Dispute Resolution (ADR) will be made mandatory to ensure more independent evaluations. Complaints received from players and future reports from ADR entities will be used as inputs in the GCB’s risk-based supervision process.

Experienced Team

In the interest of effectively implementing the new policy, the GCB collaborates with global experts, including reputable consultants with extensive experience in regulated gaming jurisdictions. All these engagements are in compliance with GCB’s internal policies.

Bankruptcy Declaration: BC.Game

Due to confidentiality obligations, the GCB will not comment on specific details of this case. The issue involves a dispute between the website (BC.Game) and certain players. Bankruptcy was declared because Small House/Blockdance failed to pay players due to the dispute, leading to the court’s declaration of bankruptcy. However, this bankruptcy is administrative (based on a civil law statute in Curacao) and is not due to insolvency. A trustee has been appointed to handle the estate and ensure payments to players. The GCB is consulting with the regulated entity involved to determine appropriate regulatory measures.

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