by Andreea Ciocănaru
Avocat stagiar, C.A. LUCA Mihai Cătălin
The continuous development of technological solutions and the constant interest of consumers in communication devices is also reflected in the field of gambling.
Of course, it is comfortable and easy for players to participate in gambling through a communications platform without the need for physical movement in a gambling space.
Emergency Ordinance no. 77/2009 on the organization and operation of gambling (hereinafter referred to as “the Ordinance”) and the Methodological Norms for the Implementation of Government Emergency Ordinance no. 77/2009 on the organization and operation of gambling (referred to as the Methodological Norms) provide for a number of conditions for the organization and operation of online gambling, imposed for the organizers of games and for the participants in the game.
In the following, we will briefly outline the conditions to be met with regard to the opening of a game account, as well as those relating to the suspension and closure of the account.
Opening the gaming account
According to art. 129 par. 1 of the Methodological Norms, for participating in online gambling, it is obligatory for the player to have one single account and to be registered in the organizer’s computer system.
Alin. 2 of art. According to Article 129 of the same normative act: “For the purposes of registration, a player provides at least the following personal data: name, surname, date of birth, valid email address, home address, username, password, conditions, voluntary confirmation of the age of 18 years’.
As can be seen, it is necessary to provide personal data to create a gaming account to identify each participant in the game. This data is required to perform a permanent monitoring of all players, especially since they can hold one single account.
The data communicated at the opening of the gaming account is verified by the gambling operator. Verification is accomplished by the player transmitting documents confirming the authenticity of the data provided, such as, for example, his identity card or passport. The organizer may also request further information, the indicated legal rule containing a non-exhaustive list of the information that may be required to open the gaming account, such as citizenship or residence data or personal numerical data for Romanian citizens. This verification has an important role to play in ensuring that monitoring has the ultimate goal of law, namely keeping a track record of verifiable players.
Registration of the gaming account is subject to acceptance of the Terms and Conditions applicable to the gambling platform.
The rules of the game include a set of rules and procedures issued by the organizer regarding the gambling offered, while the terms and conditions are the value of a contract, which establishes rights and obligations for both parties (organizers and players). As an example, we mention the player’s right to receive the winnings resulting from the betting activity and the organizer’s obligation to transfer these winnings.
The terms and conditions are the nature of a standard contract, their terms being set only by the organizer and can not be negotiated. Negotiating these terms with each user would be contrary to the law, because it would practically create a distinct playing framework for each player. Therefore, the player only has the option to accept them or not. Moreover, the clauses must be comprehensible, clear, unambiguous, so that players make informed contracts and understand the rules to be respected, including the risks they face by disregarding them.
Last but not least, the player must confirm that he is over 18 years of age. Article 7, sentence I of the Ordinance expressly states that a gambler is understood to mean “any major physical person aged 18 or over who wishes and has the legal right to participate in gambling authorized under the terms of this emergency ordinances and specific regulations ‘’.
Suspending and closing of the gaming account
According to art. 133 par. 1 of the Methodological Rules, the organizer may suspend or close the gambling account in two situations: the player’s violation of the law or in case of violation of the organizer’s statutory provisions (terms and conditions).
Therefore, the suspension and closure of the gaming account are regulated as measures- sanctions. From the point of view of the effects, the suspension has temporary effects, the gaming account being blocked for a certain period of time. Closing the gaming account has definite effects, with the gaming account being permanently blocked.
(to be continued in the next edition)