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Compliance Updates

Our UKGC consultation response: Failing to protect the vulnerable should not be the White Paper’s legacy

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The dust has settled and the process is complete. The consultation on the proposed changes outlined in the UK Gambling White Paper is closed so now we just have to wait and see. Whilst we do so, we thought that in the spirit of transparency, we would share our own thoughts, more or less as they were communicated in our consultation response to the UK Gambling Commision.

Offering a real-time customer risk profiling tool, ClearStake’s focus was obviously on affordability checks. But then, much of the industry’s attention has been on this topic over the last few months. This is, to our mind, the single most important challenge facing the sector. Addressing it in the right way, a way that protects both punters and operators, will be the key to a sustainable, profitable future.

And with that goal uppermost in our mind, here is what we said:

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1. Affordability checks must use real financial data

Certainly at the levels of spend proposed as meriting more thorough checks (£1,000 in a day or £2,000 over the space of three months), we don’t believe there is any real substitute for real financial data, by which we mean bank data. There is simply no other way of establishing whether a player can afford to lose this amount of money or not. Everything else – including data from credit reference agencies – is guesswork. We believe that the single greatest mistake that could be made during this process is not solving the problem of financial harm caused by gambling. That won’t be an issue if the government requires decisions to be made by operators in possession of a proper financial picture of their customers.

2. We can solve two problems at once

The consultation focused on affordability checks, but it would be almost perverse to ignore the wider reality at play here. Operators also have to perform anti money-laundering and source-of-funds (SOF) checks on their customers, and they do so by looking at bank statements. Given this is the case, it makes a lot of sense to us to effectively combine both these requirements within a single check.

3. At higher spend levels, it makes sense to keep customers connected

There has been a lot of talk about how frequently checks should take place, or to put that another way, whether it should be necessary to go back to a customer within six months or a year if they have already passed a check. To us, this rather misses the opportunity presented by Open Banking in particular. After the first check, assuming the player allows it, any checks in future can be entirely frictionless. The connection can remain in place and used when necessary (and only when necessary!) in order to make the ongoing compliance relationship as smooth as possible. We don’t expect ongoing connection to be mandated, but it should certainly be held up as best practice for all concerned.

4. Some of the proposed data points make little sense

When a solution that takes guesswork out of the equation is available, does it really make sense to suggest that postcodes and job titles are meaningful ways to determine an individual’s financial situation? We don’t think so. We believe that continuing to ‘lean in’ to data like this gives a misleading impression that it is good enough. It isn’t. Even as part of a broader decision-making process, it is very difficult to see where some of these data points fit in. You could say the same, of course, about missed loan repayments from three years ago.

5. The solution exists – why cobble together a new one?

Hovering behind the entire consultation process appears to be a not-quite-defined ‘solution’ to the affordability challenge. This is apparent in the various hints towards the use of CATO data (let’s just say it, even if the Commission aren’t willing to) and a hodge-podge of random data points in order to make affordability decisions, as part of a system that would have to be piloted in order to ensure a) it works and b) it doesn’t create data security issues.

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Leaving aside the absurdity of asking us to judge the merits of an approach that hasn’t actually been defined, we would simply point out that in Open Banking, a solution to this challenge already exists. One that is already used by over 7 million people in the UK, by most UK operators to handle payments, and already used to handle affordability and SOF checks by forward-thinking operators. Why on earth are we re-inventing the wheel?

So there you have it. That’s what we told the consultation, albeit in language a little less colourful. I hope they listen.

Compliance Updates

Kansspelautoriteit to Improve Dutch Gaming Halls’ Duty of Care

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Kansspelautoriteit, the Dutch gaming authority, has stated that it will utilise investigative findings to improve the duty of care at gaming halls across the Netherlands.

Throughout December 2023 and January 2024, KSA inspectors visited 20 gaming facilities across the country to investigate how duty of care was being implemented.

Sharing its findings, the gaming authority noted that the majority of gaming halls paid attention to duty of care, but added that its implementation could be improved upon in certain areas.

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The KSA stated that gaming halls have taken steps to meet the duty of care requirements in the KOA Act, including preventing and limiting gambling addiction as much as possible, but the “practice is not always sufficiently in line with the expressed good intentions and what is included in the policy”.

“It is striking that the personal circumstances and playing behaviour of regular players are (more or less) known. But there is sometimes a lack of actually addressing players, registering signals and interventions and intervening in the arcades examined,” said the authority.

Long playing times were regarded by all gaming halls as a “worrying signal”, but monitoring methods were not always elaborated and not a single venue investigated applied a maximum playing time, which the KSA stated was “particularly important at arcades that are open 24 hours, because there is no natural “stopping moment” for players”.

The KSA revealed that playing on multiple machines and reserving slot machines was allowed at all gaming halls visited, which while not prohibited, can be a factor in excessive gaming behaviour.

Other excessive gaming behaviour – visiting for a long time and/or with great regularity and a high number of debit card transactions per visit – was not sufficiently monitored by several venues.

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Letters were sent by the KSA to the gaming halls following inspections, citing specific improvement points for each location.

The authority concluded: “Guidance will follow later this year for all permit holders, containing an elaboration of the points identified and more specific attention to the duty of care of arcades. The KSA will then monitor compliance with this more strictly.”

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Compliance Updates

BGC Welcomes Labour’s Election Victory

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The Betting and Gaming Council (BGC) has welcomed Labour’s General Election victory and committed to working with the new government to deliver a world class betting and gaming industry.

Labour secured a landslide victory after the nation went to the polls on Thursday, July 4.

BGC Chair Michael Dugher said: “On behalf of our members, the 110,000 people whose jobs rely on the regulated betting and gaming industry, and the 22.5 million people who enjoy a bet each month, we welcome Labour’s victory and its commitment to continue working with the industry.

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“On hard-pressed high streets through bookmakers, in the leisure and tourism sector through casinos and bingo halls and in tech, where our members are genuine world beaters, this is a sector ready to contribute on growth, jobs and investment in the economy. We are investing in virtually every constituency in the land and we look forward to working with all the newly elected Members of Parliament.

“BGC members are currently in the midst of the biggest regulatory changes in a generation following the publication of the White Paper, which Labour supported, and much of this work will carry on now the election is complete. Our members have the much needed political certainty they need to plan and invest for a sustainable future.

“This work is backed up by the industry’s own significant efforts to drive world-class standards and protections for the vulnerable, which has transformed the sector in recent years and stands in marked contrast to the dangers posed by the unsafe, unregulated black market online.

“The BGC and our members remain committed to working with Labour to implement the evidence-based, proportionate, regulatory changes outlined in the White Paper, ensuring those measures get the balance right between protecting the vulnerable, while allowing the vast majority of punters who enjoying betting responsibly to continue doing so without unnecessary intrusion.

“The BGC had long treated Labour as a Government in waiting, working closely with shadow ministers in recent years, on behalf of our members and their millions of customers.

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“Our work to drive up standards and champion a world leading British industry carries on and we look forward to partnering with Labour – as they have pledged – in this vitally important work.”

The post BGC Welcomes Labour’s Election Victory appeared first on European Gaming Industry News.

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Compliance Updates

Spillemyndigheden to Host Third Round of Anti-money Laundering (AML) and Financing of Terrorism Case-based Training Event

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Spillemyndigheden, the Danish Gambling Authority, has announced that it will be hosting a third anti-money laundering (AML) and financing of terrorism case-based training event, following a high volume of interest from prospective participants.

Organised in collaboration with the Danish Business Authority, the Danish Financial Intelligence Unit, the Danish Security and Intelligence Service, the Danish Bar and Law Society, the National Special Crime Unit, the Danish Supervisory Authority and the Danish Tax Agency, Spillemyndigheden will co-host the event on October 31.

Previous events were held in both November 2023 and April 2024. Both had proved popular enough to justify this latest iteration of the training, which follows the exact structure of the first two.

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The in-person-only event is set to take place in Copenhagen and is aimed at any persons or representatives of organisations subject to reporting duty under the AML Act. Training at the event will be a mixture of meetings, sessions and group interactions and is based on four cases of money laundering and terrorist financing. All training will be conducted in Danish.

The goal of the training, outlined by the Danish Gambling Authority, is to enhance the operational knowledge and exchange of experience between organisations that must adhere to AML law within the nation.

The post Spillemyndigheden to Host Third Round of Anti-money Laundering (AML) and Financing of Terrorism Case-based Training Event appeared first on European Gaming Industry News.

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