Compliance Updates
UK’s Advertising Standards Authority Clarifies Content Marketing Rules for Gambling Advertising
The Advertising Standards Authority (ASA), the UK’s advertisement watchdog, has issued further guidance on the rules applied to “content marketing” of gambling services/products on social media and other digital channels.
The guidance was published as a “remit statement” responding to queries by operators, related to its 2021 “CAP Code on marketing communications appearing on websites, apps and cross-border platforms”.
Questions were raised as to what extent ASA’s remit covers gambling communications displayed on social media through videos, blogs, posts or updates, that did not explicitly promote a brand, but were deemed to “stimulate interest in products or services”.
ASA stated that it had a “common understanding” with the UK Gambling Commission (UKGC) that all social media content published by licensed operators must comply with the standards and protections set by the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code).
As such, content created by licensed operators must ensure the protection of under-18s and other vulnerable groups from the potential harms associated with gambling.
Aware of the diverse range of content communications available to advertisers, ASA noted that it had a distinction in how it applies CAP rules to monitor content.
The guidance noted: “ASA regulates commercial communications in marketers’ own spaces online that are likely to have the effect of ‘selling something’; content that can reasonably be considered advertising.”
“For obvious reasons, it can’t regulate everything in the online space. One of the key exclusions – inspired in large part by the need to protect freedom of expression – is for editorial content.”
ASA warned that it considers the vast majority of content marketing to be “selling something,” therefore, requiring licensed operators to follow CAP Code gambling rules on under-18 protection and to ensure that content cannot appeal to youth culture.
Further CAP Code requirements applied to content marketing restrict under-25s from being featured in a gambling advertisement or prominent advertising role, as a new gambling advertising rule enforced by CAP.
ASA acknowledged that there is potential for some social media content to fall outside of its enforcement remit, in which it will consider complaints on a case-by-case basis.
In the limited scenarios where complaints about operators’ social media are deemed not to be within remit, the ASA will refer them to the Gambling Commission who will consider the content displayed within the boundaries of its Licence Conditions and Codes of Practice (LCCP) rules.
ASA concluded: “Ultimately, the message for operators is straight-forward – all consumer-facing social media activity must comply with the standards set out in the gambling section of the CAP Code.
“For consumers, this demonstrates ASA and the Gambling Commission’s continued commitment to work together to deliver joined-up and effective protections.”
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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