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Compliance Updates

EGBA Demonstrates Commitment To GDPR With Sectoral Code Of Conduct For Data Protection

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New Code establishes rules and best practices to strengthen data protection in the online gambling sector and is one of Europe’s first sector-specific initiatives to support compliance with the GDPR.

BRUSSELS, 10 June 2020 – The European Gaming and Betting Association (EGBA) has published a Code of Conduct on data protection which establishes dedicated sector-specific rules and best practices to ensure compliance with the EU General Data Protection Regulation 2016/679 and promotes the highest standards of data protection in the online gambling sector.

The Code of Conduct on Data Protection in Online Gambling sets long-term data protection standards for Europe’s online gambling sector and is intended to complement and reinforce the sector’s compliance with the GDPR. The Code is one of Europe’s first ever sector-specific self-regulatory initiatives to support compliance with the GDPR. The Code is part of EGBA’s wider efforts to drive standards in the online gambling sector and is in accordance with the GDPR, which encourages the use of sector-specific codes to support the proper application of its provisions[1].

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The Code introduces specific measures and best practices on:

  • Enhancing portability rights – including rules to enable customers to transfer their personal data from company to company in an easier and secure way (including rules for player account registration, transactions history, marketing preferences, etc).
  • Supporting transparency – specifying what needs to be contained in a company’s privacy policy and which are the possible exceptions to the transparency principle, in view of the specificities of the sector.
  • Protecting against breaches of personal data – online gambling companies are required to introduce a plan to prevent and/or mitigate against breaches of personal data.
  • Establishing VIP accounts – how companies should establish player accounts for “VIP” customers in a way which respects privacy and the use of personal data.
  • Safer gambling – how companies should balance a customer’s privacy rights against the need to protect them from problem gambling.
  • Direct marketing – guidance on how to protect customer data during direct marketing and to prevent self-excluded customers from receiving direct marketing.
  • Detecting fraud – measures to prevent fraud and ensure data is used to comply with applicable laws.

All EGBA members will adhere to the Code and it is also open for signature to other online gambling companies licensed in the EU/EEA. Compliance with the Code will be monitored by an independent third-party monitoring body.

In line with the requirements of the GDPR, the Code has now been submitted to the Maltese Data Protection Authority for formal approval of the Code’s compliance with GDPR. This is a process which involves data protection authorities in other EU countries, and the European Data Protection Board, and can last between 18-24 months.

“On the 2-year anniversary of the GDPR, issues around data protection, privacy and the use of personal data are still a concern for many European citizens. That’s why we’re pleased to introduce this new code which demonstrates the online gambling sector’s commitment to protecting the personal data of our 16.5 million customers and supporting the success of the GDPR. We’re pleased to be one of Europe’s first industry sectors to introduce a self-regulatory code which supports compliance with GDPR. Data, and how it is used, is playing an increasing important role in how citizens and business interact online – and the online gambling sector is no different. This code outlines how online gambling companies should ensure their customers understand how their personal data is being used and provides important guidance on how companies should use personal data in their interactions with customers, including how they identify and address problem gambling behavior in their customers.” – Maarten Haijer, Secretary General, EGBA.

[1] Article 40, General Data Protection Regulation 2016/679.

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Compliance Updates

EGBA Welcomes European Parliament’s Approval Of New EU Anti-Money Laundering Framework

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The EU’s new anti-money laundering package aims to create a more consistent regulatory framework and will benefit online gambling operators by standardising AML rules and reporting requirements across member states.

Brussels, 24 April 2024 – The European Parliament has approved the EU’s new anti-money laundering (AML) package at its plenary sitting today, marking a significant milestone towards a new EU framework for combatting financial crime. The European Gaming and Betting Association (EGBA), representing Europe’s leading online gambling operators, welcomes the Parliament’s approval of the new AML package and believes the incoming rule changes will strengthen the EU’s approach to tackling money laundering.

The new package will contain:

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  • single rulebook regulation – with provisions on conducting due diligence on customers, transparency of beneficial owners and the use of crypto-assets.
  • The 6th Anti-Money Laundering Directive – containing national provisions on supervision and national AML authorities, as well as on the access of authorities to necessary and reliable information, e.g. beneficial ownership registers.
  • The establishment of the European Anti-Money Laundering Authority (AMLA) – which have supervisory and investigative powers to ensure compliance with AML requirements, operating in conjunction with national AML authorities.

EGBA believes the new rules will benefit Europe’s online gambling operators by ensuring a consistent regulatory approach across EU member states. Another important feature, under the competence of AMLA, will be the creation of a harmonised reporting format for Suspicious Transaction Reports (STRs). This will ensure that Europe’s online gambling operators encounter the same STR requirements across all EU member states, thereby setting clear and consistent expectations that will reduce administrative burdens and costs.

To assist online gambling operators in complying with the EU’s new AML rules, EGBA has developed industry-specific guidelines on anti-money laundering which apply a risk-based approach and include practical measures that operators can take – on customer and business risk assessments, customer due diligence processes, suspicious transaction reporting, and record keeping. EGBA members already apply the guidelines and submit annual reports to EGBA that summarise their progress in implementing its measures. The guidelines are also open to all operators based in the EU and EGBA encourages operators to sign up to them.

The AML package now awaits formal adoption by the Council of the EU, expected in May, before being published in the EU’s Official Journal.

“We welcome the European Parliament’s approval of the new anti-money laundering package. The new framework will set high standards and ensure greater consistency in the application of AML rules across the EU. Online gambling operators, especially those operating in multiple countries, will benefit from a single rulebook and harmonised reporting requirements that will unravel national complexities. We will look to review our industry guidelines on AML to ensure their alignment with the new EU rules. By signing up to the guidelines, operators can already prepare themselves for the incoming changes in the EU rules and join our members in their efforts to proactively and positively contribute to the EU’s fight against money laundering.” – Dr. Ekaterina Hartmann, Director of Legal and Regulatory Affairs, EGBA.

 

Source: EGBA

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Compliance Updates

Brazil’s Ministry of Finance Appoints Régis Dudena as Secretary of Prizes and Betting

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Regis Dudena, a seasoned lawyer with expertise in Public and Regulatory Law, has been appointed as the new Secretary of Prizes and Betting at the Ministry of Finance in Brazil. Dudena’s appointment ordinance is signed by Rui Costa, Minister of the Civil House.

The new secretary had already been visiting the Ministry of Finance and getting closer to the entire group at the Secretariat of Prizes and Betting, until then led by Simone Vicentini, deputy secretary.

The appointment of the lawyer is attributed to the Executive Secretary of Finance, Dario Durigan. Dario and Dudena worked together at Palácio do Planalto during Dilma Rousseff’s government.

Both worked in the Legal Affairs secretariat of the Civil House. Dudena’s name is linked to other names on the left. He has good relations with Edinho Silva (PT), mayor of Araraquara (SP).

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The SPA started operating two months ago. Since then, it had been without a permanent boss. Lawyer José Francisco Manssur, special advisor to the Ministry of Finance who coordinated the regulation of sports betting from the beginning, was the most likely to take on the position. But he was exonerated under pressure from Centrão politicians.

Bets representatives welcomed the name Régis Dudena.

From the beginning, the SPA was under the responsibility of Simone Vicentini, appointed as deputy secretary. Since then, it has edited the ordinances that defined requirements for laboratory accreditation and the sector’s regulatory policy.

Under her supervision, three laboratories have already been approved, GLI, eCogra, and BMM. Last week, the ordinance establishing the rules for payment transactions to be complied with by sports betting and online gaming operators was also published.

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Crown Reinstated at Sydney Casino

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The NSW Independent Casino Commission has found Crown Sydney suitable to retain its casino licence after nearly three years of intensive remediation.

Chief Commissioner, Philip Crawford, said Crown has come a long way and must now demonstrate its long-term commitment to maintaining suitability.

“The NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,” Mr Crawford said.

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The NICC’s suitability assessment established that Crown Sydney has fundamentally reformed its business and is operating the casino within the objects of the Act, the requirements of the suitability deed, and in compliance with its regulatory obligations.

In addition to proving it can run the casino lawfully, Crown has remediated its business in other meaningful ways such as building a culture of transparency and accountability across its integrated resort.

“Hard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,” said Mr Crawford.

“Crown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.

“There is and will always be room for improvement, but Crown is a changed business that is looking toward the future.

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“Likewise, the NICC is a changed regulator with enhanced powers, a singular focus on casinos, and a mandate to address the risks of harm.

“This decision is a positive outcome for Crown Sydney, its staff, and the community – who can be sure the NICC will use all of its powers to keep the casino in check.”

In addition to the implementation of hundreds of new internal controls, the Bergin-based reforms have been reflected in a new licence and new regulatory agreement between Crown Sydney, the NSW Government and the NICC.

These agreements include updated settings, such as the removal of fetters to the NICC’s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.

Mr Crawford said: “Crown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydney’s ability to provide a destination hospitality and entertainment venue underpinned by the restricted gaming facility is contingent on its steadfast commitment to continuing suitability, accountability and compliance.”

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The post Crown Reinstated at Sydney Casino appeared first on European Gaming Industry News.

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