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10Nov

The Legal 500 Country Comparative Guide 2022 – Gambling Law

10th November 2022 Adam Russell Anti-Money Laundering, Harris Hagan, Marketing, Responsible Gambling, Training 22

Partner Bahar Alaeddini acted as the contributing editor, and together with Associate Francesca Burnett-Hall jointly contributed the UK chapter, to The Legal 500: Gambling Law Comparative Guide (the “Guide”).

UK ChapterDownload

The esteemed publication (which currently spans 16 jurisdictions) provides an overview of gambling law, regulatory and licensing requirements in the UK, including: key gambling legislation; types of gambling licences with the associated application procedures; prohibited gambling products; gambling advertising; marketing affiliates; penalties for unlawful gambling; Licence Conditions and Codes of Practice; relevant anti-money laundering requirements; responsible gambling requirements; shareholder reporting and approval thresholds; enforcement powers; and tax rates. A critical commentary on key trends affecting the gambling industry is also covered.

The Guide provides readers with the opportunity to compare jurisdiction here.

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01Dec

Chambers Gaming Law 2021 Global Practice Guide

1st December 2021 Ting Fung Harris Hagan, Training 55

Partners, Julian Harris and Bahar Alaeddini, return to their roles as Contributing Editors to the Chambers Global Practice Guide and co-authors of the UK chapter, with the latest edition of the Gaming Law 2021 eGuide now online.

The esteemed publication spans over 30 jurisdictions and provides the latest regulatory information including the availability and duration of licences; B2C and B2B licences; application requirements; affiliates; white labels; responsible gambling; AML legislation; restrictions on advertising; acquisitions and changes of corporate control; trends in social gaming, esports, fantasy sports and blockchain; and tax.

Key trends are also covered by jurisdiction under the “Trends and Developments” section and the publication also provides users with the opportunity to perform jurisdiction comparisons using the “Compare locations” tool.

In addition, to their role as Contributing Editors, Julian has published the Introduction to provide commentary on the latest developments regarding the gambling industry whilst Bahar provides the latest gambling regulatory position in Alderney.

Please use the above links to review their contributions and the rest of the eGuide at your leisure.

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09Mar

Changes of Corporate Control: The Basics

9th March 2021 Bahar Alaeddini Harris Hagan, Training 89

In our experience, there is often confusion regarding change of corporate control (“CoCC”) requirements and, in particular, what events trigger a CoCC.  CoCCs are easy to miss in complex corporate structures. Further, often “the left hand does not talk to the right hand” and the relevant individuals within the business, such as the PMLs or Compliance Department, who are fully aware of the licensing implications, are not notified of an event that triggers a CoCC until after the event or, worse, after the deadline has passed. 

In this blog we summarise the basics of CoCCs.  This will be supplemented by further blogs on the Gambling Commission’s areas of focus and common pitfalls we have identified in our work on numerous CoCC applications. 

We strongly recommend you always seek legal advice, if in any doubt, given the risk to your licence(s), as highlighted below.

What is a CoCC?

Under section 102 of the Gambling Act 2005, a CoCC takes place when a new person or other legal entity becomes a new “controller” of the licensee. The definition of a controller stems from section 422 of the Financial Services and Markets Act 2000 (“FSMA”), which is financial services legislation. This is a complex provision, which even the Gambling Commission summarises incorrectly on its website and in its application forms.

Broadly speaking, section 422 of FSMA covers a person or entity that holds:

  1. 10% of more of the shares in the licensee or in a parent company of the licensee (i.e. directly or indirectly);
  2. 10% of more of the voting power in the licensee or in a parent company of the licensee; or
  3. less than 10%, but able to exercise significant influence over the management of the licensee.

When considering whether a person or entity holds 10%, it is critical to consider:

  • whether the threshold has been reached as filtered by the corporate layers (i.e. directly or indirectly in the licensee);
  • cumulative interests; and
  • equity interests and voting rights separately if they are not aligned at any point in the corporate structure.

5-week deadline

Section 102(5) of the Gambling Act 2005 requires a licensee to submit a CoCC application to the Gambling Commission when there is a new controller within 5 weeks of the change occurring, for the licence(s) to continue to have effect.  This is a statutory deadline. 

Why is it important?

Pursuant to section 102(5), the Gambling Commission has the power to revoke the licence(s) – without a licence review – if a CoCC application, along with the application fee, has not been submitted within 5 weeks. 

In our experience, the Gambling Commission has become increasingly stricter with CoCC application deadlines and we would strongly recommend you comply with the statutory deadline.  The Gambling Commission is no longer generous in giving extensions, sometimes with extension requests being refused, so their goodwill cannot be relied upon.  Further, in our recent experience, the Gambling Commission no longer overlooks failures to apply in time, often issuing “advice as to conduct” for the failure to comply with section 102. 

Given the potential ramifications, it is essential that someone, with detailed knowledge of the Gambling Commission’s licensing requirements, is monitoring changes in corporate structure promptly and liaising with your stakeholders, as required. You need to develop effective internal procedures, relative to the size and complexity of your business, to ensure that equity and voting interests are regularly monitored. 

Please get in touch with us if you believe you have failed to comply with the statutory deadline or require assistance preparing a CoCC application.

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18Nov

Gambling Commission Compliance and Enforcement Report 2019-2020

18th November 2020 Bahar Alaeddini Anti-Money Laundering, Harris Hagan, Marketing, Responsible Gambling, Training 145

On 6 November 2020 the Gambling Commission published its annual Raising Standards for consumers – Compliance and Enforcement report 2019 to 2020 (the “Enforcement Report”).  The Enforcement Report has been expanded this year and is laid out in the following eight sections:

  1. Chief Executive’s message;
  2. Triggers and customer affordability;
  3. Customer interaction and social responsibility failings;
  4. Anti-money laundering and counter terrorist financing;
  5. Personal management licence (“PML”) reviews;
  6. Illegal gambling;
  7. White label partnerships; and
  8. Betting exchanges.

Chief Executive’s message

In the very first sentence of his message, Gambling Commission Chief Executive, Neil McArthur, reminded readers that:

“Holding an operating licence or a personal licence is a privilege, not a right, and we expect our licensees to protect consumers from harm and treat them fairly.”

He goes on to summarise the Gambling Commission’s compliance and enforcement work in the last financial year (April 2019 to March 2020), in which:

  • 49 section 116 licence reviews were commenced against PML holders;
  • 5 operating licences were suspended;
  • 11 operating licences were revoked;
  • 12 financial penalty packages or regulatory settlements, totalling over £30 million, were imposed; and
  • 350 compliance assessments (land-based and online) were conducted.

Neil McArthur also emphasised:

“Those in boardrooms and senior positions need to live up to their responsibilities and we will continue to hold people to account for failings they knew, or ought to have known, about…Regulatory settlements are a way of resolving enforcement cases which we have used to good effect. Frankly, however, there are too many occasions where settlement proposals are made at a late stage of our investigation process or approached as if a licence review is a commercial dispute to be negotiated. That is not acceptable…Settlements are only suitable where a licensee is open and transparent, makes timely disclosures of the material facts, demonstrates insight into apparent failings and is able to suggest actions that would prevent the need for formal action by the Commission. Only licensees who meet those criteria need make settlement offers; licensees who choose to contest the facts before conceding at a later stage need not make offers of settlement…Everyone has a part to play to make gambling safer and learning the lessons from the failings identified in this report is one way of doing that.”

Summary of other key points from the Enforcement Report:

Triggers and customer affordability

“Customer protection has continued to be a priority for the Commission and consideration of affordability should be a significant driving factor in customer risk assessments.”

Affordability is a top priority and the Gambling Commission remains dissatisfied by industry progress.  Open source information remains an important element of an affordability framework, because “it is a parameter to consider when setting benchmark triggers that will drive early engagement with customers”.  Open source information shows:

  • median gross weekly earnings* for full-time employees in the UK of £585;
  • 50% of full-time employees in the UK receive less than £30,500 gross earnings* per year;
  • 50% of full-time managers, directors and senior officials (the highest weekly earners) in the UK receive less than £45,000 gross earnings* per year.

*These are gross earnings before expenses such as income tax, national insurance, mortgage/rent payments, travel, food etc. are deducted.  The Gambling Commission expects expenses to be considered “so the starting point adequately reflects the true level of available disposable income for that individual.”

Further, the Gambling Commission is concerned that:

  • affordability frameworks “are not being implemented at pace despite guidance and advice”;
  • “complex and convoluted matrices and mappings” are being developed based on gross earnings before disposable income is factored in;
  • “trigger groups are set without any sort of customer interaction to influence their true affordability determination”; and
  • operators are not interacting early on to set “adequate, informed affordability triggers to protect customers from gambling related harm”, which it goes on to say “could render the operator non-compliant”.

Most notably, the Gambling Commission adds that:

“Customers wishing to spend more than the national average should be asked to provide information to support a higher affordability trigger such as three months’ payslips, P60s, tax returns or bank statements which will both inform the affordability level the customer may believe appropriate with objective evidence whilst enabling the licensee to have better insight into the source of *those funds and whether they are legitimate or not.”

Operators should review lessons in the Enforcement Report and re-assess affordability triggers whilst preparing for any new requirements that may emerge from the Gambling Commission’s consultation on remote customer interaction. We will publish a blog on this consultation next week.

Customer interaction and social responsibility failings

“We have set out clear expectations for operators in relation to safer gambling. We expect operators to actively work and accelerate cooperation with each other to prevent, mitigate and minimise harm, collaborating to accelerate progress and evidence impact. We want a focus on ‘what works’ and we expect operators to empower and protect consumers.”

The scope of social responsibility is broad and includes identification and engagement with those who may be at risk of or experiencing harms.

The responsible teams for social responsibility should be adequately resourced.

Operators are encouraged to consider whether they can evidence the following:

  • effective safer gambling policies and procedures in place which are tested and periodically reviewed and updated to reflect impact assessments and new research;
  • policies and procedures that are truly implemented in the business and are being acted upon;
  • appropriate safer gambling triggers in place that lead to meaningful customer interactions, which are regularly reviewed by management to critically assess their impact on customers and overall effectiveness;
  • effective challenge and oversight by senior management with clear accountability throughout the organisation; and
  • teams responsible for conducting social responsibly interactions are adequately resourced so that at-risk customers are not missed or identified too late.

Licensees are strongly encouraged to review the Gambling Commission’s notable enforcement cases, helpful case studies and good practice guidelines.

Anti-money laundering and counter terrorist financing

“Work to ensure gambling stays free from crime and the proceeds of criminal finance continues to be a major area of concern for the Commission. Significant and substantial assessment continued for both land-based and online gambling businesses, including money service businesses activities offered by the casino sector.”

The Gambling Commission continues to see operators falling down on the following:

  • insufficient depth of knowledge demonstrated by PML holders, leading to competency and integrity concerns;
  • deficient Risk Assessments leading to ineffective policies, procedures and controls;
  • operators and PML holders failing to learn lessons from the Gambling Commission’s compliance and enforcement activity; and
  • failure to provide regular, quality training to staff.

Licensees are strongly encouraged to review the Gambling Commission’s notable enforcement cases, helpful case studies and good practice guidelines.

PML Reviews

“The Commission has been signalling for the past few years that we will increasingly focus on the role played by Personal Management Licence holders (PML) when undertaking Compliance and Enforcement investigations.”

Common failings have emerged from:

  • Failures to assess if decisions being made at Executive level are being implemented within businesses.
  • Overly complicated lines of decision making and accountability.
  • Lack of technical knowledge and oversight of areas that PML holders have specific responsibility for, especially in respect of AML.
  • Prioritising commercial outcomes over regulatory responsibility.

This section ends with a stark reminder, which we always provide to our clients and training subjects, “businesses do not make decisions – people do.” The Gambling Commission adds that “icensees can expect us to continue to take action against accountable individuals to ensure standards are raised to the levels required, whether in relation to the business or individual capability.”

Illegal gambling

“Part of our statutory remit and a key licensing objective is to keep crime out of gambling. We are particularly focused on identifying and disrupting those illegal websites which are targeted at the young and vulnerable gamblers and which often provide little, or no, customer protection. When consumers access illegal gambling sites, they expose themselves to many risks and are not afforded the protections in place in the regulated sector.”

The Gambling Commission’s focus has been on investigating unlicensed gambling facilities and unlicensed advertising, with 59 instances of remote unlicensed operators and 245 illegal lotteries referred by Facebook for closure.  Its investigations have shown:

  • consumers identified as users of the websites have in the main been vulnerable with some having previously self-excluded via GamStop;
  • consumers often contact the Gambling Commission because they have been unable to withdraw funds;
  • when consumers have complaints with unlicensed operators these are often not dealt with, and consumers have no right to appeal;
  • the protection of consumers’ personal information cannot be relied upon; and
  • such websites may be linked to organised crime.

The Gambling Commission urges licensees to remain vigilant as to the risk of illegal sites using their software without authorisation and to report any such instances immediately

White label partnerships

“The white label operating model continues to be popular within the GB market with there being over 700 white label partners within the industry at present. One of the reasons this model is becoming increasingly popular is that this type of arrangement can bring global exposure to an operator’s products, via the arrangements their white label partners have in place with sports teams for example. However, there is a concern that unlicensed operators who would potentially not pass the Commissions’ initial licensing suitability checks, are looking to use the white label model to provide gambling services in Great Britain.”

White labels have been a key area of focus for the Gambling Commission in the last year.  It showed that licensees were failing to appropriately mitigate the risks to the licensing objectives, including:

  • a failure to properly scrutinise the ownership of white label partners;
  • ineffective AML controls with individual white label partners or across the customers’ activity; and
  • poor oversight of activities performed by white label partners, particularly in relation to customer interactions.

Responsibility for compliance always sits with the licensee.  In accordance with social responsibility code provision 1.1.20 (responsibilities for third parties) safeguards should always be implemented before committing to contractual obligations to ensure compliance with the LCCP.  Failure to do so is likely to bring into question the suitability of the licensee.

Operators are encouraged to:

  • Conduct risk-based due diligence with a view to mitigating risk to the licensing objectives before entering a relationship with a white label partner;
  • continually manage and evaluate its white label partner relationships;
  • ensure service agreements between the licensee and white label partner explicitly articulate where overall responsibly for regulatory functions lie;
  • ensure white label partnership contracts contain a clause permitting the licensed operator to terminate the business relationship promptly where the partner is suspected of placing the licensing objectives at risk or fails to comply with the requirements contained in the LCCP;
  • provide training to their partners and conduct ongoing oversight of the activities which should be clearly documented and retained for the life of the business relationship;
  • ensure that any system the licence holder has in place to manage or detect multiple accounts for individual customers, works across all white label partners so they will have a holistic view of customer activity; and
  • ensure that source of funds, affordability or markers of harm triggers are based upon this holistic view and not solely on an individual domain basis.

Licensees are strongly encouraged to review the Gambling Commission’s notable enforcement cases, helpful case studies and guidance on white labels.

Betting exchanges

“This year has seen increased regulatory activity related to betting exchanges; an area of growing complexity as operators expand the breadth of markets available and the jurisdictions from which they draw their customers.”

The Gambling Commission reminds betting exchanges that they must apply “critical risk-based thinking” and must not assume that something good enough for one regulator will be acceptable to another. Due diligence should be undertaken for each individual customer.  In particular, source of funds and source of wealth must be monitored by adequate checks and controls, particularly where these may be obscure, unconventional and/or especially large – for instance, in relation to account to account transfers or syndicates.

Licensees are strongly encouraged to review the Gambling Commission’s notable enforcement cases.

We strongly encourage all Gambling Commission licensees and applicants to read the Enforcement Report carefully.

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16Apr

Vlog on Gambling Commission Licences

16th April 2020 Bahar Alaeddini Harris Hagan, Training 160

I am pleased to share our new training vlog on the basics of licences issued by the Gambling Commission. Happy watching!

The contents of this video are for general information purposes. Nothing in this video constitutes legal advice and legal advice should always be taken on appropriate gambling legal, regulatory and licensing requirements.

Harris Hagan is committed to creating and sharing content you will be interested about and will find useful.  Please email us with any (reasonable!) suggestions for future training vlogs.

If you have enjoyed watching our vlog, please like, comment or share.

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08Apr

Welcome To Harris Hagan’s Vlog

8th April 2020 Bahar Alaeddini Harris Hagan, Training 163

In a blog post last week I mentioned the launch of our video blog with weekly vlogs or blog tutorials providing training on key topics in the gambling industry. These will be published on our website and available completely free of charge.

I am pleased to share our very first vlog in which I discuss our desire to bring a new perspective to what we do and how we interact with you.

Harris Hagan is committed to creating and sharing content you will be interested about and will find useful.  Please email us with any (reasonable!) suggestions for future training vlogs.

If you have enjoyed watching our vlog, please like, comment or share.

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02Apr

“Tell me and I forget, teach me and I may remember, involve me and I learn.”

2nd April 2020 Bahar Alaeddini Harris Hagan, Training 159

Training means “the action of teaching a person or animal a particular skill or type of behaviour”.  It has specific goals of improving a person’s competence, capacity, productivity and performance.  As the title suggests (the words of Benjamin Franklin), any training programme must be coupled with learning and development initiatives. 

On the one hand, employees need to replenish their knowledge and improve their skillset to do their jobs better.  They need to feel confident about improving efficiency and productivity, and raising standards, as well as finding new ways towards their personal development and success.  On the other hand, and most crucially, employers need to:

1. Develop and maintain an effective training and development programme.  We recommend this include:

  • the assessment of training needs across the business;
  • the review of all communication channels with employees to ensure consistency of messaging;
  • reviewing existing internal training materials;
  • reviewing the competency of internal trainers;
  • the assessment of internal and external training;
  • considering ways to embed training and development across the business to create/strengthen a culture of compliance and learning; and
  • an evaluation methodology to measure success or failure.

2. Provide robust, comprehensive, relevant and up-to-date training.

Why is this important?

There is an abundance of reasons.  Here are our top 10 reasons:

  1. improved employee motivation and morale;
  2. the workplace is likely to be a happier place;
  3. internal mobility can be an important means of attracting and retaining employees;
  4. maintained and improved employee performance;
  5. identifying and addressing weaknesses;
  6. consistency across the workforce;
  7. increased productivity and internal collaboration;
  8. improved compliance;
  9. increased innovation; and
  10. enhanced reputation and profile.

Training plays an instrumental role in maintaining and raising standards of compliance in respect of a gambling business’ legal, regulatory and licensing requirements, including promotion of the licensing objectives.  Creating and cultivating a culture of compliance and learning are vital ingredients for a sustainable gambling business.  Before COVID-19, we were facing the most challenging regulatory climate in a generation. 

Now is a useful time to take stock and consider what long term sustainability and success looks like for your business, and establish the role that training plays.

Non-compliance is expensive, meaning that prevention is certainly better than a cure.  To minimise this risk, we go above and beyond pure legal advice by providing supplementary services to our clients to assist them with staying abreast of legal and regulatory developments and priorities.  The aim is to ensure that personal management licence (“PML”) holders, other key staff (for example, compliance, IT developers, those managing PMLs, commercial or other support staff) or a gambling business’ Board or Compliance Committee, understand the obligations and responsibilities that come with being licensed by the Commission.

It is, of course, individuals who make the decisions concerning the gambling business, and, therefore, these individuals who will determine whether the licence holding entity is compliant.  Increasingly, the Commission is focused on holding leaders in gambling businesses to account, with the aim to improve Board focus on, and accountability for, the licensing objectives, and encouraging them to set the tone from the top and lead a culture of compliance.  This is not a new area of focus.  The Commission’s casework continues to show licensees (operating and personal) are not doing enough to learn and, as a direct result, it is taking a stricter approach to enforcement against businesses, imposing bigger financial penalties and tougher sanctions.

Since April 2018, there have been more than £50 million in penalty packages, including more than £30 million in 2020.  Since 2018, and during the course of investigations into nine of the most serious operating licensees, the Commission examined the actions of 22 PMLs. Of these, nine surrendered their PML, six received a formal warning, one received an advice to conduct, seven are still ongoing and no further action was taken against two. 

Licences (operating and personal) are a privilege, not a right.  Training employees is an investment in them and the business, and help protect any gambling operator or supplier’s most valuable asset – its licence(s).

How can we help?

Ensuring compliance with an increasingly complex, pervasive and ever-changing regulatory environment requires expert advice and support.  We help gambling businesses before, during and after compliance and enforcement intervention by the Commission.  We have significant experience training senior management teams from leading online and land-based operators and suppliers.  As external training providers, we bring a new perspective to operators and suppliers used to looking at training and compliance through their own prism.  

Our training is very much tailored to our clients’ needs and, in most cases, based on our extensive knowledge working closely with them.  We work closely with clients to ensure training is pitched at the right level, informative and interactive, with wide use of case studies.

Our unrivalled training services include:

  • reviewing internal training materials;
  • designing new, robust and effective training materials;
  • developing training and development programmes;
  • developing employee handbooks and manuals;
  • delivering training in person (post-COVID-19);
  • delivering training via videoconference;
  • delivering training via audioconference; and
  • training internal trainers.

We regularly train the following stakeholders:

  • start-ups;
  • PMLs;
  • senior management;
  • compliance departments;
  • Boards; and
  • Compliance Committees.

For more details of our training services, please visit our designated Training page on our website, email or call us.

From next week, we will be posting a weekly video blog (we believe the youngsters call this a vlog) or blog tutorial providing training on key topics in the gambling industry.  We are committed to creating content you will be interested about and find useful.  Please email us with any (reasonable!) suggestions

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31Mar

Productivity in This Time of Crisis

31st March 2020 David Whyte Anti-Money Laundering, Harris Hagan, Marketing, Responsible Gambling, Training 169

The widespread closure of land-based gambling businesses, coupled with the impact of a hiatus in sport may, however undesirably, present some operators and suppliers with the opportunity to take advantage of additional spare time and ease regulatory and commercial burdens prior to the much-coveted return to normality.

Annual fees

In its recent update, the Gambling Commission (the “Commission”) has confirmed that due to the structure of its fee system, which is based on secondary legislation, it is unable to offer a reduction in annual fees or accept payment by instalments.   

The only two options presented by the Commission are:

  1. licence surrender; and
  2. reducing the annual fee payable by applying to vary an operating licence to decrease the fee category where there is a reduction in gross gambling yield (“GGY”).

While option 2 may sound attractive, only some licensees will benefit. We recommend considering the following points when making a variation application to decrease a fee category:

  • it is the cheapest type of application and only costs £25.00;
  • it can be submitted quickly and easily though the Commission’s eServices portal;
  • apply as early as possible – the guideline processing time (up to eight weeks) is likely to be lengthened as the Commission experiences increased levels of absence;
  • the annual fee reduction will not take effect until the next annual fee is due; and
  • licensees who have recently paid their annual fee will not benefit from any such variation this year because the Commission does not issue refunds, as it has no statutory mechanism to do so.

Licensees whose annual fees are due in the coming weeks/months and expect to see a significant reduction in GGY should move quickly and submit variation applications as soon as possible.

Please remember that, in accordance with section 100 of the Gambling Act 2005, annual fees are payable before the licence anniversary and the Commission has the power to revoke an operating licence for non-payment.

Compliance

Neil McArthur, CEO of the Commission, has reminded licensees, particularly online operators, of the safer gambling and AML risks presented by COVID-19 and that consumer protection is paramount.  In a message to online operators, on 26 March 2020, he said:

“…whilst I recognise the enormous challenges businesses are facing, I want to make the Commission’s expectations absolutely clear… If we see irresponsible behaviour we will step in immediately. So, whilst I know that the current climate is unprecedented, gambling operators must play their part in making sure that people are kept safe…”

As a follow-up to his blog on 25 March 2020, The Gambling Commission’s Response to the Coronavirus Crisis, Julian Harris will be posting his views on Neil McArthur’s latest message shortly. In the meantime, we strongly encourage licensees to view the Commission’s warning as an opportunity to take stock and respond positively and proactively as this is likely to result in improved business practices.  Inevitably, this will reduce workloads when gambling businesses are finally able to operate as normal:

We recommend licensees consider the following:

AML business risk assessment

In accordance with licence condition 12.1.1 of the LCCP, all licensees (other than gaming machine technical and gambling software licences) are required to conduct an assessment of the risks of their business being used for money laundering and terrorist financing. This risk assessment must be reviewed at least annually and amongst other things in the light of any changes in circumstances or other material changes.

Licensees may wish to begin their review of this AML risk assessment now, considering internal business changes and the risks presented by COVID-19 (almost certainly a change in circumstances or other material change). Risk assessments that are part completed in draft now will require less time when premises reopen or sport recommences, meaning key employees can focus on other matters.

AML and safer gambling policies

Licensees should review their AML and safer gambling (“SG”) policies. This review should not just consider the adequacy of the policies now, but also the risks presented by COVID-19. Particular attention should be paid to the levels which trigger AML and SG customer interactions, and the approach taken to consider the customer’s affordability given the likelihood of disrupted income. Consideration should also be given as to how audits are completed, and whether any changes are required. Again, the completion of amendments in draft now will mean less effort and time is spent on this review when normality returns.

Marketing

Operators should review their marketing policies, ensuring new customers are on-boarded in a socially responsible way, cleanse customer marketing databases and review relationships with affiliates. They may wish to audit their affiliates and renegotiate terms to strengthen control and their position to deal with non-compliant affiliates.

Training

Employees who have been furloughed and/or who have not been operating in their primary role for prolonged periods of time, may need refresher training on key areas on their return to work. Licensees should take steps now to ensure that they have plans in place for this, to ensure that the high standards being adhered to prior to COVID-19 are maintained.  We will discuss training in a separate blog post shortly.

The strong messages from the Commission to the remote industry during the COVID-19 crisis maintain a pre-existing tone that is likely to continue. Land-based and sports betting operators and suppliers should use this opportunity to their advantage so that they have a renewed sense of focus when the time eventually comes to return to normality.

If you would like to discuss any of these issues, please do get in touch with us.

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