GAMING PLAYER PROTECTION REGULATIONS

SUBSIDIARY LEGISLATION 583.08

GAMING PLAYER PROTECTION REGULATIONS

20th July, 2018

LEGAL NOTICE 246 of 2018, as amended by Legal Notice 73 of 2019.

The title of these regulations is the Gaming Player

Protection Regulations.

(1)

In these regulations, save as provided in sub-

regulations (2) and (3), all words and phrases shall have the same

meaning as prescribed in the Gaming Definitions Regulations.

(2) In these regulations, unless the context otherwise

requires, "the Act" means the Gaming Act.

(3) All other terms used in these regulations shall have the

same meaning attributed to them in the Act.

Part II

Responsible Gaming

(1)

An operator shall produce sufficient evidence to

the Authority to show that the following objectives are being satisfied

thereby

(a)

ensuring that proper controls, policies and

procedures are in place to prevent gaming by minors;

(b)

ensuring that proper controls, policies and

procedures are in place to protect vulnerable persons;

(c)

ensuring that the interests of all players are

adequately safeguarded and that players are provided with

information on any and all avenues of recourse they may have

if they feel aggrieved by a decision of the authorised person;

(d)

ensuring that all information relevant to the

gaming service is readily available to players;

(e)

ensuring that information related to responsible

gaming is readily available to players;

(f)

ensuring that tools are readily available

empowering players or any other persons to control their use of

gaming services and to safeguard themselves from the effects of

problem gaming; and

(g)

ensuring that the marketing and advertising of the

gaming service is fair and in accordance with the Gaming

Commercial Communications Regulations and any other

applicable regulatory instrument or any other applicable law.

(2) The Authority may, by means of a binding instrument,

further specify how any or all of the above objectives must be met by

one or more categories of authorised persons.

Part III

Protection of Player Funds

(1)

An authorised person in possession of player

funds shall hold such funds solely for and on behalf of and in the

interest of that player.

(2) Notwithstanding anything stated in article 1894 of the

Civil Code or in any agreement entered into between the authorised

person and the player, and notwithstanding the fact that the player

funds held by the authorised person are registered in the name and title

of or are otherwise vested in the authorised person, such funds shall be

deemed to constitute a distinct patrimony, separate from that belonging

to the authorised person.

(3) Without prejudice to any relevant provisions of the Act,

the control of player funds by an authorised person shall not give or be

deemed or construed to give to the authorised person any rights over

such funds; nor shall it create any form of loan between the authorised

person and the player notwithstanding the nature of the funds or the

rights or obligations of the authorised person in relation thereto.

A player whose player funds are held by the authorised

person enjoys a right of ownership over such funds notwithstanding

that they may be registered in the name and title of, or are otherwise

vested in, the authorised person.

(1)

Notwithstanding anything stated in any other law,

and notwithstanding anything stated in any agreement which the

authorised person may have entered into, the creditors of an authorised

person shall have no claim or right of action on or against the player

funds held by the authorised person for and on behalf of and in the

interest of any player, and such funds shall not be affected in any

manner by the provisions of laws and regulations in force regulating

the insolvency or bankruptcy of the authorised person

Provided that for the sake of clarity, any agreement or

clause therein which conflicts with this sub-regulation shall, to the

extent of such conflict, be deemed ipso jure null and void

Provided further that in the event of commingling of

player funds with the funds of the authorised person in contravention

of this sub-regulation, the claims of players for player funds owed to

them shall constitute a privileged claim, and shall be paid in

preference to all other claims whether privileged or hypothecary.

(2) In the event of any such insolvency or bankruptcy or

related order or resolution, or in the event that the Authority so

requires, the authorised person or any administrator or receiver or

other officer appointed to represent it by any court or otherwise shall,

on demand of any player or of the Authority, immediately transfer the

control, possession and title to all player funds held by such

authorised person to such other person as may be instructed by the

Authority.

(3) In the event that any funds held under the control of the

authorised person are, at the request of any creditor of the authorised

person, made subject to any precautionary or executive act or warrant

granted by any Court in terms of the Code of Organization and Civil

Procedure, or any other similar measure, any players on whose behalf

player funds are being held, the authorised person on behalf of the

players or the Authority may, by application to the Court, request the

release of the funds from such act, warrant or measure and the Court

shall, on production of evidence as it may deem fit, accede to the

application without undue delay.

(1)

An authorised person shall segregate player

funds at all times from the funds of any other person, provided that

the funds of each player may be held in a common player funds

account. The funds of each player shall remain separately identifiable

at all times.

(2) The Authority may, in its sole discretion, exercise

viewing rights over the common account of player funds.

Where the authorised person delegates or entrusts

functions or duties relating to the management and, or holding of

player funds to a third party, without prejudice to the liability of such

third party towards the authorised person or otherwise, the authorised

person shall be fully responsible for all regulatory requirements

connected to player funds, and shall be liable towards players for any

loss or prejudice suffered by such players as a result of the acts,

omissions or insolvency of such third party.

(1)

Without prejudice to the other provisions in this

Part or in the Act, the Authority may by means of a binding instrument

specify in further detail the means by which an authorised person must

safeguard player funds.

(2) Without prejudice to the other provisions in this Part or in

the Act, the Authority shall only allow a third party to hold player

funds on behalf of the authorised person if it is satisfied that the player

funds shall be adequately safeguarded thereby

Provided that the provisions of this Part shall apply even

when the funds are held by such a third party.

Part IV

Unfair Terms

(1)

Operators shall ensure that the terms and

conditions applicable to the provision of their gaming service are

intelligible and easily accessible, and that changes thereto are made in

a fair and transparent manner, and that players have explicitly accepted

the latest version of the terms and conditions before being allowed to

start or continue being the recipient of a gaming service.

(2) Where any provision in such terms and conditions is

ambivalent, or any reasonable doubt arises as to the meaning thereof,

the interpretation most favourable to the player shall prevail.

Operators shall ensure that the terms and conditions

applicable to the provision of their gaming service are not unfair in

terms of Part VII of the Consumer Affairs Act.

Part V

Player Disputes

Players shall make use of a gaming service in a fair manner

and shall comply with the terms and conditions applicable thereto.

(1) Operators shall make available easily accessible

information to players, clearly delineating the applicable procedures

for making complaints to them and for referring disputes to ADR

entities

Provided that operators shall also inform players that they

may lodge complaints with the Authority’s Player Support Unit if they

have reason to believe that any aspect of the gaming service is

unlawful, or conducted in a manner which is not safe, fair or

transparent.

(2) (a)

Operators shall, upon receipt of a complaint made

by a player who makes or has made use of their gaming service,

immediately inquire into the complaint.

(b)

Operators shall inform the complainant of the

results of such inquiry within ten days from the date on which the

complaint is received

Provided that where the nature of the inquiry is such that

more time is necessary to complete it, such period may be extended

by a further ten days

Provided further that where such extension is necessary,

the player shall be informed within the first ten days from the date of

receipt of the complaint that the authorised person shall be making

use of such extension, and the reason or reasons why such extension

is warranted.

(c)

In communicating the results of the inquiry to

the complainant, the operator shall also provide the complainant with

the procedure for referring disputes to an ADR entity and any

complaints arising out of or in connection with the gaming service to

the Authority’s Player Support Unit or to any directorate of the

Authority as the Authority may from time to time determine.

Where a player feels aggrieved by a decision or other

action of the operator, he shall be able to make a complaint to the

operator and, in the event that he is not satisfied by the response of

the operator, the player may refer any dispute arising therefrom to an

ADR entity

Provided that this shall be without prejudice to the

player’s right to lodge a complaint arising out of or in connection

with the gaming service to the Authority’s Player Support Unit or to

any directorate of the Authority as the Authority may from time to

time determine.

(1)

There shall be established by the Authority,

whether as part of the Authority or as an independent entity, a Player

Support Unit with the function of receiving complaints from players

arising out of or in connection with any gaming service.

(2) Without prejudice to the provisions of sub-regulation

(3), the Player Support Unit shall, with respect to any complaint

which shall be received thereby, examine such complaint

independently of any dispute which has been referred to an ADR

entity, as part of its compliance functions.

(3) Without prejudice to the generality of the powers of

officials of the Authority in terms of the applicable regulatory

instruments and any other law, in examining a complaint the Player

Support Unit shall be entitled to demand any pertinent information

from the relevant authorised person.

(4) If during the examining of a player complaint, the Player

Support Unit identifies a potential breach of a regulatory instrument,

the Player Support Unit shall escalate the issue to the Authority’s

directorate responsible for compliance.

(5) The Authority may, by means of a binding instrument,

establish the rules and procedures to which the Player Support Unit

shall adhere, including but not limited to the minimum criteria for a

complaint to be received and processed thereby.