The Government of Gibraltar has issued the Command Paper on the draft Bill for a new Gambling Act. A consultation period has now formally commenced and will be open until the end of August 2022. The Gambling Division will be holding a number of workshops and consulting with the Gibraltar Betting and Gaming Association. Furthermore, they are encouraging companies or sub-sectors to come forward and seek individual meetings if preferable. A licensing framework, fees document and codes of practice (including a social responsibility code) will also be issued shortly for consultation.
The official licensed operators and providers working in the market of Gibraltar are the following. Some B2C operators are: Entain, BV Gaming, 32 Red, 888.com, Mansionbet, WHG (International), Bet365 Group, Betfred, Gamesys, Tombola (International), Markor Technology, EU Lotto, Boylesports, Platinum Gaming, SBTech, Maple International Ventures, Virgin Bet, Livescore Betting & Gaming, Grace Media, Rank Interactive, and Jocularis. For the B2B segment, the providers are: Skywind, Pariplay, Play’n GO, Realistic Games, Evolution NetEnt, SG Digital, IGT, High 5 Games, Greentube, Inspired Gaming, Oakwood Systems, Yggdrasil Gaming, Ormston (Playtech), Gameiom Technologies, Blueprint Technologies, Pragmatic Play, Roxor Gaming, Relax Gaming, Instant Win Gaming, and Apricot Systems.
Up to now, all gambling operations in Gibraltar require licensing under the Gambling Act 2005. Remote Gambling licenses, including for telephone and Internet betting, are issued by the Licensing Authority. The Gambling Commissioner, appointed under the provisions of the Act, is granted powers to ensure that licensees conduct their operations in accordance with their licenses and maintain the good reputation of Gibraltar.
GENERAL CONSIDERATIONS
The Licensing Authority has traditionally only considered licensing blue chip companies with a proven track record in gambling in other jurisdictions. Nevertheless, the jurisdiction will also consider the licensing of appropriately funded start-ups and expanding operations proposing to relocate wholly or partly from other jurisdictions. Applicants, who might include those wishing to enter emerging non-EU markets, are expected to have a clear business plan where the source of legitimate funding can be clearly identified.
Licensees will have to establish proportionate substance in Gibraltar and make an economic contribution to the jurisdiction. The Licensing Authority understands the challenges around the need for multi-jurisdictional technology frameworks, including the use of cloud services, and is prepared to work constructively on this issue with applicants. The jurisdiction remains a hub for both UK and international facing operators, with a pool of remote gambling talent concentrated in the territory.
Besides, below are some of the principal conditions and licensing requirements for fixed odds betting and online casino operations.
Advertising Guidelines
The licensee shall ensure that all advertising, promotion and sponsoring activity of whatever type and through whatever medium (including the Internet) with regard to the gambling activities shall be truthful and accurate. It shall be exclusively targeted at adult players and shall therefore not be designed to appeal in any way to minors. Licensees shall ensure that such Internet websites as are used to advertise, promote and/or operate its gambling activities shall not include links to other sites with violent or immoral content or that may be designed for access by minors. The licenses are issued on the basis that the advertising and promotion of gambling activities can only be directed to citizens of nations in which it is not illegal for such activities to be undertaken and that the licensee will not provide gambling activities to any person where the provision of such services by the licensee would be illegal under the applicable law.
Payout of money prizes
The licensees will at all times have adequate financing available to pay all current and reasonably estimated prospective obligations in respect of prize payouts and to ensure there is adequate working capital to finance ongoing operations. The licensees will pay winnings and account balances to registered players in accordance with clearly established arrangements agreed to with the customer.
Customer privacy and data protection
Licensees are required by the Licensing Authority to obtain at least the following basic personal information with regard to all prospective customers. This shall include full name, residential address, and date of birth. Upon obtaining the required information and completing any due diligence arising there from, the licensee shall be entitled to deal with the customer as a registered player.