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Compliance Updates

Department of Trust set to meet challenges of new affordability checks

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Department of Trust (dotrust.co.uk), the award-winning provider of financial risk assessments for safer gambling is poised to meet the challenges of the newly announced regulations on frictionless financial checks by the UK Gambling Commission and Betting and Gaming Council.
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Department of Trust (dotrust.co.uk), the award-winning provider of financial risk assessments for safer gambling is poised to meet the challenges of the newly announced regulations on frictionless financial checks by the UK Gambling Commission and Betting and Gaming Council.

Under the new rules published by the Gambling Commission, operators have until August 30th to implement frictionless checks on all customers making £500 net deposits in any rolling 30-day period. These frictionless checks form part of a new regime designed to protect players at risk of financial harm and replace the current ad hoc approach to affordability checks.

Department of Trust also welcomes the interim voluntary code published today by the Betting and Gaming Council (BGC), the standards body representing over 90% of UK-regulated market operators. This code focuses on how responsible operators should support customers spending above the lower threshold set out by the Gambling Commission.

The supplier’s DoTrust Complete solution offers an integrated suite of frictionless and enhanced financial risk checks with a high level of automation capability -the only such tool built solely for safer gambling – and is perfectly positioned to help businesses navigate the newly regulated waters.

Charles Cohen, CEO of Department of Trust, said: “These important announcements flag the end of gambling’s ‘sus law’ where players faced seemingly arbitrary requests for personal information, operators were placed under a significant burden, and no one won

“We now know that in 120 days, every operator will need to perform frictionless checks on all players with net deposits in a 30-day rolling period of £500. A few months later this will fall to a much lower level.

“If operators want to protect their business, keep their customers and reduce costs, smart automation is the only answer.

“Department of Trust has spent over two years building the leading plug-and-play solution specifically for the gambling industry. Complete already automates over 90% of the processes required in both the new LCCP and BGC code. Now we know what the requirement will be, we are today committing to the goal of 100%. We want every operator and player to have instant assessments and sensible decisions cost-effectively. No one needs to lose sleep over this.”.

Australia

ACMA Blocks More Illegal Offshore Gambling Websites

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The Australian Communications and Media Authority (ACMA) has requested that Australian internet service providers (ISPs) to block more illegal offshore gambling websites, after investigations found these services to be operating in breach of the Interactive Gambling Act 2001.

The latest sites blocked include A Big Candy, Jackpoty and John Vegas Casino.

Website blocking is one of a range of enforcement options to protect Australians against illegal online gambling. Since the ACMA made its first blocking request in November 2019, 995 illegal gambling and affiliate websites have been blocked.

Over 220 illegal services have also pulled out of the Australian market since the ACMA started enforcing new illegal offshore gambling rules in 2017.

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Compliance Updates

MGA: Update to Process for Addition of New Game Provider/s

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MGA: Update to Process for Addition of New Game Provider/s
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The Malta Gaming Authority (MGA) would like to notify all Licensees of some changes to the addition of new Game Providers notification process.  As from 1 August 2024, notifications of new Game Providers, submitted through the Licensee Portal via a ‘Technical – Change in Game Type/Provider’ application, need to be accompanied by the below documentation/information:

  1. The updated Key Technical setup and Essential Components documentation*.
  2. The updated Specifications of the Gaming System documentation*.
  3. A Declaration provided by a Key Person or a Director of the Licensee covering the following requirements:
  1. The formal name of the Game Provider, and the respective Authorisation Number (Licence Number/Recognition Notice Certificate Reference Number);
  2. The Services being offered by the Game Provider, including the Game Types and Verticals pertaining to the new games being offered;
  3. Any Jackpot details, including the type of jackpot that shall be offered, and the relevant jackpot policy if applicable;
  4. A confirmation that any relevant documentation has been updated, including the Business Risk Assessment (if applicable).**

If the Licensee shall be integrating with various Game Providers, a separate Declaration per Game Provider would need to be submitted, by uploading the various Declarations in the Enclosures page within the same application.  The Declaration/s should also include any further pertinent information to be notified to the Authority.  If the above information is not included within the application, such an application shall be deemed to be incomplete, and will be set to a one-time ‘Incomplete’ status.  Following this, unless the application is fully submitted within sixty (60) days, it will be closed off automatically and the Authority would not be able to process the new Game Provider/s.

Although the agreement(s) between the Licensee and the Game Providers are not required when a Declaration is submitted, the Authority shall still reserve the right to request the agreement(s) between the parties, if and when deemed necessary.

* If the integration with the third-party game provider(s) does not necessitate any changes to the technical documentation or to the gaming system specifications, the Licensee can submit a declaration attesting that no changes to the mentioned documentation will be required.

** In line with the Implementing Procedures, the Licensee is reminded to update the Business Risk Assessment whenever new game providers are added, based on the risk exposure, to determine how any additional related risks can be mitigated to an acceptable level following the integration.

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Asia

Fintechs in Kazakhstan Raises Concerns Over Proposed Gambling Regulation

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Fintech companies in Kazakhstan are urging greater scrutiny of a proposed law intended to regulate betting transactions in the country.

The submitted legislation, currently in its final reading, would form a monopoly entity, the Unified Accounting System (UAS), the firms said in a joint press release. The UAS would be used to determine market participants, process payments, maintain a single “electronic wallet” and make settlements with clients. A critical concern is that it could charge up to 1.5% in commissions on all market transactions, within a market where regulated transactions exceed KZT1.2tn ($2.6bn) annually.

Irina Davidenko, a spokesperson for Kazakhstan’s payments industry, commented: “The proposed legislation would be a step backwards for Kazakhstan, harming competition in the country’s vital payments sector and signaling to the outside world that necessary business reform is being driven by shadowy interests, rather than what’s right for industries and consumers.”

The proposal, partly billed as a public health move against problem gambling, resembles a previous initiative, the Betting Accounting Centre (BAC). It was shelved in 2021 after a scandal involving a deputy minister who was dismissed for accepting bribes from BAC lobbyists, according to the press release.

The lack of transparency on the UAS structure and ownership as outlined in the legislation is another aspect of the change that is seen by critics as troubling.

The reintroduction of a UAS model occurred as late as the second reading of the legislation. If passed by parliament, it will become law without the comprehensive impact analysis and scrutiny typical for such significant regulatory change.

Observers argue the new regulation duplicates existing regulatory functions already managed by Kazakh state bodies and was proposed without the cooperation of the National Bank of Kazakhstan. The central bank has previously developed its own reform proposal that avoids introducing a monopolistic entity.

Opponents further contend that the regulation could cause “significant economic damage”. National Bank of Kazakhstan representatives and the payments industry have sounded alarm bells, but the issues have not been adequately addressed, the press release added.

The concerned fintech and payment companies want the legislation to be reconsidered. They are advocating for it to be sent back to the lower house of the legislature for a full regulatory impact analysis and thorough examination to ensure that it does not adversely affect industry or the economy.

Ilya Efimenko, commercial director of the payment organisation PayDala, said: “I appeal to the Senators, who need to know the true purpose of why the UAS has made a comeback in the bill.

“This is a re-emergence of the ‘Betting Accounting Center’ (BAC), a strikingly similar entity that was withdrawn before, and behind which, as the deputy from the Amanat party Elnur Beisenbayev said, are the powerful forces of ‘Old Kazakhstan.’

“Before our eyes, a monopolist, a private operator, is being created. The emergence of monopolies such as the UAS threatens the principles of a Fair Kazakhstan. Now everything is being done to break the financial system of Kazakhstan, recognized by experts as one of the best in Central Asia.”

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