Guide to the report about provision of gambling 1/6

Transcription

1 Guide to the report about provision of gambling 1/6 General comments The report must be completed according to section 43, subsection 1, in the Gambling Act. The report shall give an account of whether a licence holder to betting and/or online casino has provided gambling in accordance with the conditions of the licence. The report must be produced one year after the offering of gambling actually has commenced i.e. if the gambling has commenced on 1 January 2012 the report must be produced after 31 December The report must be submitted to the Danish Gambling Authority no later than 14 months after the gambling has commenced. So if the gambling has commenced on 1 January 2012 the report must be received by the Danish Gambling Authority on 1 March The report can only be completed and submitted in Danish. However, it may be completed in English if an authorised translation is submitted at the same time. Licence holders to provide both betting and online casino shall only submit one report. Unless otherwise stated in the item of the report, the items must be completed with information about betting and online casino jointly. Regarding land based betting only a few of the items of the report will be relevant. The report contains four parts. Part 1, 2 and 4 of the report must be completed by the licence holder. Part 3 of the report must be completed by an enterprise approved by the Danish Gambling Authority. On the webpage of the Danish Gambling Authority you will be able to find information about which enterprises have been approved to complete the report. The report shall only cover gambling provided on the Danish market and gambling accounts belonging to Danish players. If gambling is provided in Greenland information about this must be included in the report. Items with amounts must be completed with amounts in DKK. On page 1 of the report you must give information about which currencies you have converted from. This information must include exchange rate and date of the exchange rate. By stake means the same amount which is used for the calculation of the duty on gambling. Part 1, statistical information Item 1 Item 1.1 must contain the total number of gambling accounts at the time when the report is completed. Please note that gambling accounts which were opened before the licence became effective, and which have subsequently been changed to a definitive Danish gambling account, must also be included. In item 1.2 the number of definitive gambling accounts must be divided into sex and age. The last four digits of the civil registration number (CPR No.) can be used to decide the sex of a person. Women have even numbers, and men have odd numbers. The first six digits of the civil registration number consist of the day, month and year, that is dd-mm-yyyy-xxxx. Item 2 Item 2.1 must be completed with information about players who have tried to open a gambling account the past year, but who have been refused for some reason or another. In item 2.2 you must state for which reasons the player has been refused to open a gambling account. Item 3 ROFUS (the Register of Voluntarily Excluded Players) Item 3 must be completed with the number of players who has tried to login to their gambling accounts even though they were registered in ROFUS. The number must be divided into players who have excluded themselves temporarily and

2 Guide to the report about provision of gambling 2/6 players who have excluded themselves permanently. Item 4 Login with digital signature In item 4.1 it must be stated how many times the players have logged in to their gambling accounts by using digital signature. The number of logins must be stated as a total of all gambling accounts per month. The year is completed with e.g and subsequently the number of logins is stated. If the gambling has commenced mid-year, e.g. in June 2012 the months June to December will relate to 2012 and January to May will relate to Login without digital signature In item 4.2 you must state how many times the players have logged in to their gambling accounts without the use of digital signature e.g. from a mobile application. The number of logins must be stated as a total of all gambling accounts per month. The year is completed with e.g and subsequently the number of logins is stated. If the gambling has commenced mid-year, e.g. in June 2012 the months June to December will relate to 2012 and January to May will relate to Item 5 Closure of gambling accounts Item 5 concerns gambling accounts which have been closed the past year. The total number of gambling accounts which have been closed must be stated in item 5.1. Subsequently this number must be divided into gambling accounts which have been closed on the initiative of the licence holder and on the initiative of the player. Finally, in item you must state the most frequent reasons that gambling accounts are closed on the initiative of the licence holder. Item 6 Suspension The rules of suspension of gambling accounts appear from section 23 of the executive order on online casino and section 20 of the executive order on online betting. In item 6.1 you must state the total number of gambling accounts which has been suspended the past year regardless if the suspension has resulted in a definitive closure of the gambling account or not. In item 6.2 you must state the number of suspensions which has resulted in a definitive closure of the gambling account. Item 7 and 8 Self-limitation from gambling Item 7 Exclusion from gambling The licence holder must provide a service so the players are able to exclude themselves temporarily or definitively from gambling with a licence holder. This possibility must be provided according to section 18 of the executive order on online casino and section 16 of the executive order on online betting. The information in items 7.1 to 7.3 must exclude players who have chosen a 24 hour break (cooling off period). In item 7.4 you must state how many 24 hour breaks have been registered during the period which the report covers. This means that if a player has had 5 24 hour breaks he must be counted 5 times. Item 8 Deposit limit The rules of the players possibility of setting a deposit limit appear from section 17 of the executive order on online casino and section 15 of the executive order on online betting. The players must be able to set daily, weekly or monthly deposit limits. In item 8.1 you must state how many unique players have chosen to set a deposit limit. If a player has set a daily as well as a weekly deposit limit the player should count only once. In item 8.2 the total number of deposit limits must be divided into daily, weekly and monthly limits. In this item a player may be counted twice.

3 Guide to the report about provision of gambling 3/6 If a player has set a daily as well as a weekly deposit limit the player should be included in both boxes. In item 8.3 you must state whether the player may choose the deposit limit or the licence holder has determined limits which the player may choose between. The question is whether the player may choose a limit of e.g. 392 DKK per day or predefined limits of e.g. 100 DKK, 500 DKK or 1,000 DKK have been set. Item 9 Complaints The rules of processing of complaints appear from section 35 of the executive order on online casino and section 29 of the executive order on online betting. In item 9.1 you must state how many complaints the licence holder has processed. By complaints mean written enquiries from players. As a rule it does not cover enquiries by telephone or via live chat services unless the licence holder has treated enquiries via these contact channels as actual complaints. In item 9.2 it must be stated how long the average time of processing has been. In item 9.3 it must be stated how many cases have been processed in less than 14 days. In item 9.4 it must be stated how many cases have been processed in more than 14 days. The number which must be stated in item 9.4 corresponds to the number of times, that the licence holder has informed the player of when he may expect a decision of the case because the case cannot be processed within 14 days. Item 10 Set-off free account The players funds must be placed on a set-off free account according to section 12 of the executive order on online casino and section 11 of the executive order on online betting. You must state the balance of the set-off free account on the first day of the month the first 12 months after the gambling has commenced. The year e.g must be stated and subsequently the balance of the set-off free account must be stated. If the licence has become effective mid-year, e.g. 1 June 2012 the months June to December will relate to 2012 and January to May will relate to Item 11 Total deposits and withdrawals In item 11.1 you must state how much the players have transferred to their gambling accounts in total, meaning the total amount of funds the players have deposited on their gambling accounts. In item 11.2 you must state the total payout the players have made from their gambling accounts, that is the total amount they have withdrawn from their gambling accounts to their bank accounts etc. This covers the total payout from gambling accounts regardless if it is prices or funds which the player has transferred to the gambling account himself. It is optional whether gambling providers with a licence to provide both betting and online casino want to sum up the amounts for betting and online casino or to state them separately. It must, however, appear from the statement what the amounts cover. Item 12 Deposits and withdrawals related to temporary gambling accounts Item 12 concerns deposits and withdrawals to and from temporary gambling accounts. Temporary gambling accounts are gambling accounts which for some reason or another have not become permanent and hence have been closed, e.g. because it has not been possible to verify the identity of the player. In item 12.1 you must state the total amount of funds which has been deposited by players on their temporary gambling accounts.

4 Guide to the report about provision of gambling 4/6 In item 12.2 you must state the total payout of deposited funds to players from their temporary gambling accounts. Only remaining deposits may be refunded to the player. In item 12.3 you must state the total amount of winnings on the temporary accounts which has not been refunded to the player and therefore been retained by the licence holder. In Item 12.4 you must state the amount of funds on temporary gambling accounts which it has not been possible to pay out. This could be situations where the temporary gambling account has been closed after 30 days, because it has not been possible to verify the identity of the player, and where the licence holder does not hold enough information to repay the deposited funds. Item 13 Manual deposits and withdrawals In item 13.1 you must state whether the licence holder has made manual deposits to the players gambling accounts. The most common reasons that a manual deposit may have been made must be stated in item If you have made manual deposits, then the total number of times a manual deposit has been made must be stated in item , and the total amount of manual deposited funds must be stated in item In item 13.2 you must state whether the licence holder has made manual withdrawals from the players gambling accounts. The most common reasons that a manual withdrawal may have been made must be stated in item If you have made manual withdrawals, then the total number of times a manual withdrawal has been made must be stated in item , and the total amount of manual withdrawn funds must be stated in item Item 14 White label In items 14.1 and 14.2 you must state if white label companies are being used. If white labels are used the name of the white label company must be listed in the first column in item 14.2, the number of gambling account related to the white label must be stated in the second column and the GGR (gross gambling revenue) for each white label company must be stated in the third column. Information about gambling provided Item 15 and 16 Betting The items must only be completed by holders of a licence to provide betting. In item 15 you must state which types of betting are provided. It must be stated separately for online and land-based betting if you provide that. Item 16 must only be completed if you provide land-based betting. A betting shop is a shop where a minimum of 51 per cent of the revenue comes from gambling (not only betting). Item 17 and 18 Online casino The items must only be completed by holders of a licence to provide online casino. In item 17 you must state which types of online casino games are provided. In item 18 you must state how many versions of each type of casino game you provide. Item 19 and 20 Marketing In item 19 you must state which media have been used for marketing. In Item 20.1 you must state the total amount you have spent on marketing and in item 20.2 you must divide the total amount into types of media. Part 2, report In the report you must give a short statement for each of the items. It is not possible to attach papers or the like instead of writing it in the report. Item Registration of players

5 Guide to the report about provision of gambling 5/6 Item 21 The rules of how a licence holder should register and identify players appear from chapter 2 of the executive order on online casino and chapter 2 of the executive order on online betting. In the executive orders it has not been finally established how the identification process must take place. This is decided by the licence holder himself. The licence holder must describe in the items how the process has been organised. Item 22 and 23 The Danish licence can only be used to providing gambling to persons who are physically present in Denmark. This applies regardless of whether the person is Danish or not. In item 22 you must describe how you make sure that gambling accounts only are created by people who are physically in Denmark. In item 23 you must describe how you make sure that only people who are physically present in Denmark have access to play for money on the Danish license. Item Closure of gambling accounts Item 24 concerns players who have excluded themselves from gambling with the licence holder. In the item you must state how you inform about offers of consulting and treatment of compulsive gambling. Item 25 concerns players who have excluded themselves definitively from gambling via ROFUS. In item 25.1 you must answer whether there is an automatic procedure, which secures closure of gambling accounts when information is received, that a player has excluded himself definitively from gambling via ROFUS. By automatic procedure is meant a procedure which does not require manual actions from an individual. Information that a person has excluded himself definitively in ROFUS is typically received, if a player tries to login to his gambling account after he has excluded himself definitively in ROFUS. It is not intended that the licence holder must make enquiries in ROFUS at other times than by opening of an account and by login. Hence, the procedure of closing of an account is typically started when a player tries to login or contacts the gambling provider after he has registered in ROFUS. In item 25.2 you must describe the automatic procedure and if an automatic procedure does not exist, you must describe how it is secured that the excluded player s account is closed and the customer relationship is terminated. Item Money laundering The items must only be answered by holders of a licence to provide online casino. The items concern the requirements to be aware, to investigate and to notify. The rules appear from chapter 2 and 10 of the executive order on online casino. Item 26 The requirement appears from section 4 of the executive order on online casino. In this item you must describe which procedures make sure that documents, data and other information regarding the player are updated continuously. Item 27 The licence holder must have internal procedures which detect suspicious transactions related to money laundering and financing of terror. You must give a short description of which transactions are considered suspicious. The rules appear from section 29 of the executive order on online casino. Item 28 If a transaction is considered suspicious the licence holder must examine the transactions further according to section 30 of the executive order. You must describe how transactions are examined. Item 29 In the item you must state how many transactions have been considered suspicious and which have been examined.

6 Guide to the report about provision of gambling 6/6 Item 30 According to section 29, 2, in the executive order on online casino you must record and keep the examinations. Here you must describe the procedures for that. Item 31 and 32 It is only relevant to complete these items if players resident in another country than Denmark are accepted. The rules about registration of politically exposed persons (PEP) resident in another country than Denmark appear from section 2 of the executive order on online casino. Item 33 Match-fixing The item must only be answered by holders of a licence to provide betting. The item concerns the licence holder s obligation to take measures which are suitable to reduce the risk of matchfixing. This obligation appears from section 22 in the executive order on online betting. Item 34 Marketing Item 34 concerns the licence holder s marketing. In this item you must describe how it is secured that no marketing material is sent to players who have excluded themselves from gambling. It concerns both temporarily and definitively exclusion. The exclusion may be made directly in relation to the licence holder or via ROFUS. Part 3, evaluation The approved enterprise must evaluate whether gambling is provided according to the rules in the act of gambling and connected executive orders. It must appear if the approved enterprise has knowledge 1. That the rules are being violated or 2. That there are areas where the rules may be violated. The approved enterprise shall not relate to the areas of the legislation which are contained in the technical standards of the certification programme of the Danish Gambling Authority. E.g. it appears from the executive orders that the webpage of the licence holder must contain information that it is not permitted for individuals under the age of 18 to participate in the gambling. This item must be certified according to in the technical standards, and therefore the approved enterprise shall not evaluate if this has been complied with. In contrast, regarding registration of players the gambling system must according to the technical standards - log the information which is collected in connection with the verification of the player s identity. However, it is not established specifically how the information is collected and here the approved enterprise must evaluate if the verification process is adequate. Part 4, declaration from the licence holder If the approved enterprise has stated that it finds that the licence holder has violated the rules, the licence holder must state in part 4 whether he agrees with the evaluation of the approved enterprise. If the licence holder does not agree, he must give reasons for why he does not agree. If the licence holder agrees he must state when the offering of gambling is in compliance. The Danish Gambling Authority will consider whether the period is sufficient and will contact the licence holder if we consider the licence holder must be incompliance at an earlier state. If the approved enterprise has doubts, the licence holder must relate to whether he finds that there is a violation. If the licence holder considers that there is a violation he must state when the offering of gambling is in compliance. For further information For further information please contact the Danish Gambling Authority at spillemyndigheden@skat.dk