by Andreea Ciocănaru
Avocat stagiar, C.A. LUCA Mihai Cătălin
(Continued from the last issue)
Each time, the suspension and closure of the gaming account must be notified to the player by “immediate notification of the player”, together with the reasons for the decision making and the related documentation, according to art. 133 par. 1 and par. 2 of the Methodological Norms. In the same way, the decision is also communicated to the ONJN within 3 business days, but only if the organizer has also decided to suspend the financial transfers from or to the player’s account.
From art. 133 par. 3 in relation to art. 129 par. 5 of the Methodological Norms, it is suggested that in case of closing the game account for reasons imputable to the player, the existing funds in the gaming account will be retained in order to be transferred to the state budget account. Therefore, under these circumstances, there is a suspension of financial transfers, which means that the notification is required. At the same time, this is the only situation where the player’s culpability for not complying with the law or regulation is of any relevance.
It is noted that the legislator allowed gambling operators to opt for one of the two measures to restrict gamblers’ access to gambling activity when circumventing legal or regulatory provisions. However, the measures and causes for which they may intervene must be laid down in terms and conditions and / or the rules of play.
Art. 129 para. 5 of the Methodological Norms states that if the player does not confirm the authenticity of the provided data within 30 calendar days from the time of the player’s account, or he / she finds himself in the list of self-declared or undesirable players, the organizer will close the ‘ . Consequently, unlike Art. 133 par. 1, in these 3 distinct, expressly regulated situations, the gaming organizer is required to close the gaming account.
With regard to the first situation, upon the opening of the account, the player has the right to make only financial deposits in the account, not withdrawals even if the data provided has not been verified (Article 129 paragraph 3 of the Methodological Norms). In view of this and because the uncertainty about personal data and consequently on the status of the gaming account does not perpetuate very much in time, a deadline was set for performing the checks, namely 30 days of when making the first deposit into your account. Otherwise, your game account will need to be closed.
Regarding the situation of self-riding players, users have the right to request temporary or permanent exclusion from the platform, a facility made available to them, in the spirit of preventing pathological gambling. In this case it is necessary to close the gaming account, especially since the exclusion request is made at the player’s request.
In relation to the last case where the gaming account closes, the regulation in question does not specify the circumstances in which a person may be entered on the list of undesirable players, which means that the legislator considered it appropriate to leave the organizers which a player can be considered undesirable. Most likely, the reason for choosing this option is that gambling still remains in the sphere of private law, even if gambling is a state monopoly, or the ones best able to decide what kind of players they do not want on their platform are even the organizers. Again, these circumstances must be provided in the game rules and / or terms and conditions.
It follows from all the foregoing legal rules that all the conditions for opening, suspending and closing the gambling account are intended to protect both gambling consumers and companies, the basic aims of which are the protection of minors, the prevention of gambling addiction and diminishing the risk of fraud.
Responsibility in this area also belongs to gambling organizers, which must take appropriate measures to protect players and vulnerable people, the state, which, by monitoring the activity, must ensure that gambling is organized in a fair, fair and transparent, but also to players who have to carry out their work in compliance with the laws and regulations of the game, and not to lose sight of the fact that gambling is ultimately just a form of entertainment and not a source of income.