Article from the series „Gambling practice”, by Anchidim Zagrean, vice-president ROMBET
Regulation of the actions to promote gambling
The special regulations, concerning the organization and exploitation of gambling in Romania, provide a series of restrictions regarding the performance of promotion actions for the popularization of gambling services.
In this regard, it must be mentioned the fact that the promotion actions, in the gambling activity, can be performed:
a) directly in the personal locations
or on the personal internet pages and their promotion is done based on the organizationlicense and exploitation authorization without being necessary other approvals or notices;
b) outside the personal locations or outside the personal internet pages, and when these are organized within the purpose of awarding some money gains or of any type and when these presuppose the use of the methods for the award of prizes specific to gambling, are subject to the ONJN endorsement.
In all the cases in which the promotion action is organized within the purpose of awarding money or material gains, the publishing of the Promotion regulation is compulsory and in its presentation notices the type, number and trade value of the respective gains will be mentioned, as well as the mention that the Regulation is available for free to any applicant. In this regard, the address or phone number to which the request can be submitted, respectively done will be mentioned.
Also, the promotion actions for the gambling activities, performed on national territory are done observing the principles concerning the minors’ protection and the responsible participation to gambling. The promotion materials cannot be placed in the interior or on the fences of the educational establishments, of the social cultural or religious locations and will contain visibly the interdiction of the minors to participate at gambling, signaled by visual symbols, as well as the series and number of the authorization to organize the gambling activity, as well as the ONJN logo.
In my opinion, from the content of the Promotions regulation, by which prizes are awarded, the method to apply these promotion actions must be mentioned, referring to:
– the identification data of the promotion organizer, as well as the fact that he fulfils the legal conditions to organize these actions;
– the fact that the promotion action is organized within the conditions of law, within the purpose of stimulating the sales and does not presuppose participation fee, respectively any type of additional expenses from the participants and any increase of the price which the product has had previously to the performance of the advertisement action;
– the presentation and description of the number, type and total value of prizes which will be given, as well as the method for the appointment of winners;
– the auxiliary gambling methods or other elements which compete with the organization and performance of promotion, their conditions and acquisition method;
– the legal right to participate to the promotion;
– the special mention that the access of minors in specialized locations, where promotion actions take place, as well as their participation to this type of action, are forbidden;
– the description of the random selection method of the events’ results, which are the object of promotion, and that these will be done without the organizers’ involvement;
– validation of winnings;
– due dates;
– the deduction of tax on prizes, by withhold, the documents requested for the personal data processing, in order to submit informative statements provided by the law and eventual processing, within legal purpose, being limited to the cases provided by the UE Regulation:
a) the targeted person agreed with the processing of the personal data for one or more specific purposes;
b) the processing is necessary for the fulfilment of a legal obligation which fall on the operator;
– measures concerning the use of the provisions of Law for the prevention and fighting against money laundering and terrorism financing, describing the activities which are going to be performed concerning:
a) the drafting of reports with the prized paid in cash, in lei or currency, of which minimum limit represent the counter value in lei of 10.000 euro;
b) standard measures to know the client which allow the client’s identification and the verification of his identity based on the documents, data or information obtained from reliable and independent sources, including the electronic identification methods, at the moment of awarding prizes, of which minimum value represents the counter value in lei of minimum 2.000 euro, by one activity.
We will return with other opinions, from the series „Gambling practice”, in the next number of the magazine…