Compliance Updates
Our UKGC consultation response: Failing to protect the vulnerable should not be the White Paper’s legacy
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:
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.
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.
Australia
New Harm Minimisation Measures for Pubs and Clubs with Gaming Machines Come into Effect in New South Wales
Pubs and clubs in New South Wales with gaming machines are now required to comply with important new measures intended to embed a culture of harm minimisation in venues to support people at risk of gambling harm.
Venues with more than 20 gaming machines now need to have a dedicated Responsible Gambling Officer (RGO) on duty while gaming machines are in operation.
Under the changes, licensed venues are also banned from placing any signage or advertising relating to gaming machines either on, or visible from, an Automatic Teller Machine (ATM) or EFTPOS terminal.
Any sign that advertises or gives direction to ATMs or EFTPOS terminals will also not be allowed to be visible from a gaming machine or any part of a gaming area.
Venues will be given a month’s grace period to ensure they are compliant with the new ATM signage rules before enforcement activity commences in August.
The NSW Government has consulted industry and stakeholders on the new requirements.
Venues will be responsible for identifying and training suitable staffs to fulfil the role of Responsible Gambling Officers, who will help identify and support patrons displaying concerning gambling behaviour, make referrals to gambling support services and facilitate requests for self-exclusion.
The number of officers required to be on duty will be scaled depending on the number of gaming machine entitlements a venue has.
Venues will also be required to keep a Gambling Incident Register to record details of occurrences including where a patron displays behaviour that indicates they are at risk of, or experiencing gambling harm, and any requests for self-exclusion.
Further changes will be rolled out from 1 January 2025, when all ATMs must:
- Be located at least five metres from the entry to a gaming room or area where gaming machines are located.
- Not be visible from:
- The entry to a gaming room, or area or room where gaming machines are located.
- A gaming machine.
Liquor & Gaming NSW inspectors have already commenced visiting venues across the state to ensure they are aware of the new 1 July obligations, and will be providing further guidance to industry about the changes that apply from 1 January 2025.
Minister for Gaming and Racing David Harris said: “We know that gaming machines represent the most serious risk of gambling harm, impacting individuals and their loved ones.
“The NSW Government is committed to implementing gambling reform to reduce these harms, including this introduction of Responsible Gambling Officers in pubs and clubs, and changes to the placement and visibility of ATMs in venues.
“Responsible Gambling Officers will work to identify those patrons most at risk, or who are already experiencing gambling harm, check on their wellbeing and help refer them to support services if required.
“Having cash dispensing facilities further away from gaming machines encourages a clean break in play for patrons who may be losing track of what they are spending.
“We’ll be monitoring compliance in these areas closely to see if we need to look at strengthening harm minimisation laws even further.”
The post New Harm Minimisation Measures for Pubs and Clubs with Gaming Machines Come into Effect in New South Wales appeared first on European Gaming Industry News.
Compliance Updates
Gentoo Media signs partnership agreement with SkyCity for automated brand protection tool GiG Comply
Gentoo Media has today announced a new partnership agreement with New Zealand brand, SkyCity, Australasia’s leading gaming, entertainment and hospitality businesses, for the provision of its automated compliance and brand protection tool, GiG Comply.
The agreement will reinforce SkyCity’s commitment to responsible gambling, safeguarding their brand through ensuring regulatory compliance across its various marketing efforts. GiG Comply will allow SkyCity to monitor that its affiliates are following their brand guidelines and regulatory requirements, ensuring that its marketing efforts remain compliant.
The agreement demonstrates both parties’ dedication to upholding the highest standards of compliance and brand protection through monitoring that regulatory requirements are followed and respected. SkyCity will now be able to effectively adapt to the dynamic landscape of the iGaming industry and its ever changing regulatory demands.
Rasmus Bank Nielsen, Head of GiG Comply, said: “We are thrilled to add SkyCity to our growing list of partners for GiG Comply, and we look forward to assisting them with their compliance strategy, safeguarding their brand. We hope our new partnership with SkyCity is the start of a long standing collaboration to strengthen their affiliate marketing compliance, ensuring that they will remain in control of all of their marketing, and are in line with responsible gaming.”
Mads Birch Jespersen, Director of Marketing & Media from SkyCity says: “In a rapidly evolving online casino landscape like New Zealand and given the comprehensive compliance standards that SkyCity is determined to uphold, GiG Comply offers an additional filter for us to meet these standards. The tool allows us to explore and expand our online presence, while keeping everything in line within our regulatory strategy.”
The post Gentoo Media signs partnership agreement with SkyCity for automated brand protection tool GiG Comply appeared first on European Gaming Industry News.
Compliance Updates
The Danish Gambling Authority Will Have More Response Options with Amendment of the Gambling Act
On 2 May, the Danish Parliament adopted the Act on Amendment of Act on Gambling. Among other things, the amendment of the Gambling Act means that the Danish Gambling Authority from the 1st of July 2024 will have more response options i.e., options to issue orders and reprimands.
Until last month, the Danish Gambling Authority had the option to warn the licence holder or report it to the police when the Danish Gambling Authority found a breach of the gambling legislation.
However, in the future, when the Danish Gambling Authority finds a breach, the Danish Gambling Authority can issue an order and/or a reprimand. If the licence holder fails to comply with the order or does not meet the deadline, the breach may result in a report to the police or the licence may be revoked.
The amendment of the Act also means that the Danish Gambling Authority must publish court rulings where the outcome is a verdict of guilty or a partial verdict and fines issued for breaches found after 1 July 2024 on the Danish Gambling Authority’s website for five years.
On Spillemyndigheden.dk, you will find a full list of all reactions issued by the Danish Gambling Authority. You will find the list “Rulings and reactions” under “News” in the menu. The list enables you to filter by type of reaction and field of law.
The post The Danish Gambling Authority Will Have More Response Options with Amendment of the Gambling Act appeared first on European Gaming Industry News.
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