Gambling regulation and Internal regulation – special part

Article from the series „Gambling practice”, by Anchidim Zagrean, vice-president ROMBET

The Gambling regulation and the Internal regulation – special part, proposed by the gambling organizers and approved by the Supervisory Committee of the National Office for Gambling, are compulsory documents for the awarding of the exploitation authorization, for each type of gambling, which is to be organized and exploited.
The Supervisory Committee of the National Office for Gambling, after analyzing the Gambling regulation and the special part from the Internal regulation, may decide as follows:
1. To approve, one or both documents, in the form they were approved by the organizer;
2. To approve, one or both documents, in the form amended by the Supervisory Committee of the National Office for Gambling;
3. To dismiss, motivated, one or both documents, requesting the organizer new proposals, in order to comply with those requested by the dismissal decision.

I. Gambling regulation

The gambling regulation is defined, in the special regulation of the gambling, as the assembly of rules, norms, procedures issued by the gambling organizer and approved by the Supervisory Committee of ONJN, which is regulating the modality of deployment of the gambling activity between the organizer and participant. Any modification is applicable to the participant only after the Committee’s approval;
From the definition here above it clearly results that the Gambling regulation represents the legal document under which all the practical gambling operations take place, the provisions of the special regulations are being put in practice as well as the general and the ordinary ones, all these clauses from the regulation becoming, in this way, binding both for the organizer and for the gambler.
In fact, the special regulation expressly provides the fact that the participation to the game supposes the unconditional acceptance, by the gambler, of the regulation of that game and this is why, in my opinion, from its contents may not miss the modality of application of the legal, special and general provisions, with synthetic reference to:
– the identification data of the gambling organizer and the fact that it meets the legal conditions for the organization and exploitation of that type of game;
– the presentation and description of the main gambling means, legally certified by a technical control, put at the gambler’s disposal, dedicated equipments as well as the description of the specialized locations;
– the auxiliary gambling means, representing the financial means helping at the organization and exploitation of the game, the conditions and modality of acquiring them;
– the legal right of participation to the game;
– the special mention that the access of minors in the specialized locations for gambling and their participation to any kind of gambling activity is forbidden;
– the special mention that the participation to the traditional gambling activities of the persons not having their valid identity documents on them is forbidden;
– the stake of the game and, if applicable, the means of establishment of the prizing funds from the gambling participation tax;
– the description of the means of random selection of the results of the events making the object of the game, regardless of the means of production or if they are performed based on the results of some events or contests, they will produce without the organizers’ involvement;
– homologation of the results;
– validation of the gains;
– validation of the auxiliary gambling means (tokens, coupons, tickets, impulses etc.) I order to prove the gain and which are presented materially in view of settling up the net value of the gains;
– payment terms;
– retaining the gain tax, at source, the documents requested for the personal data processing, in view of submitting the informative statements provided by the law and possible processing, in legitimate interest, with the limitation to the cases provided by the EU Regulation:
a) the interested person gave his/her agreement for the processing of his/her personal data for one or several specific purposes;
b) the processing is necessary for the execution of a contract where the interested person is a party, or in order to take steps at the request of the interested person before entering into an agreement ;
c) the processing is necessary in view of fulfilling a legal obligation of the operator;
d) the processing is necessary in order to protect the vital interests of the interested person or of another natural person;
e) the processing is necessary for the fulfillment of a task serving for the public interest or resulting from the exercise of the public authority the operator is invested with;
f) the processing is necessary for the purpose of the legitimate interests pursued by the operator or by a third party, unless the fundamental rights and freedoms of the interested person prevail, requiring the protection of the personal data, especially when the interested person is a child.
– measures regarding the application of the provisions of the Law for the prevention and fighting money laundering and terrorism financing, with the description of the operations to be performed regarding:
a) the report for suspect transactions;
b) transactions with amounts un cash, in lei or foreign currency, whose minimum limit represents the equivalent in lei of a 10.000 euro;
c) standard measures of client knowledge which may allow the identification of the client and the verification of his/her identity based on the documents, data or information obtained from credible and independent sources, including by means of electronic identification at the time of collection of the gains, at the acquisition or exchange of tokens when performing transactions whose minimum value represents the equivalent in lei of minimum 2.000 euro, in a single operation.

We’ll be back in our future edition of the magazine, with the Internal regulation – special part…