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UKGC – Industry warning notice: use of non-disclosure clauses (NDAs)

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UKGC - Industry warning notice: use of non-disclosure clauses (NDAs)Reading Time: 4 minutes

 

“We have become aware that some licensees have been including non-disclosure clauses within settlement agreements with consumers and we are continuing our investigation into these. Some of these agreements may have had the effect of preventing those consumers from reporting regulatory concerns to us, by either excluding disclosure to any third party or, in some cases, explicitly preventing customers from contacting the Gambling Commission.

We recognise that in certain commercial contexts, use of NDAs is commonplace and such agreements, when used properly, can benefit both parties. Examples of appropriate use might include resolving supplier or intellectual property disputes. This statement should not be taken to prohibit the use of NDAs in appropriate circumstances.

However, we are keen to ensure that:

  • non-disclosure clauses do not result in consumers feeling they are unable to notify the Commission or other regulators or law enforcement agenciesof conduct which might otherwise be reported
  • licensees notify the Commission of offences under the Gambling Act, including breaches of licence conditions or social responsibility codes of practice
  • consumers do not refrain from reporting matters to the Commission because they anticipate a settlement which contains a condition that states they will not complain to the Commission
  • those suffering gambling-related harm can freely discuss their gambling history with treatment providers.

This statement provides a reminder of some of the key issues and risks of which licensees should be aware.

Requirements

As set out in paragraph 4.2 of our Statement of principles for licensing and regulation, the Commission expects operators to:

  • work with the Commission in an open and co-operative way
  • comply with both the letter and spirit of their licence and associated Commission regulations
  • disclose to the Commission anything which the Commission would reasonably expect to know
  • conduct their business with integrity
  • act with due care, skill, and diligence
  • take care to organise and control their affairs responsibly and effectively and have adequate systems and controls to minimise the risks to the licensing objectives
  • have due regard to the interests of consumers and treat them fairly
  • have due regard to the information needs of consumers and communicate with them in a way that is clear and not misleading.

Similar expectations apply to personal licensees and any attempt to prevent a person from complaining or providing information to us about regulatory failings will contravene these provisions.

Licence Condition 15 of the Licence conditions and codes of practicerequires operators to:

  • as soon as reasonably practicable provide the Commission or ensure that the Commission is provided with any information that they know relates to or suspect may relate to the commission of an offence under the Act, including an offence resulting from a breach of a licence condition or a code provision having the effect of a licence condition (15.1.1) (non-betting operators)
  • as soon as reasonably practicable provide the Commission or ensure the Commission is provided with any information from whatever source that they eitherknow relates to or suspect may relate to the commission of an offence under the Act, including an offence resulting from a breach of a licence condition or a code provision having the effect of a licence condition; or suspect may lead the Commission to consider making an order to void a bet. (15.1.2) (betting operators)
  • notify the Commission of any criminal investigation by a law enforcement agency in any jurisdiction to which:
    • the licensee is involved (included, but not limited to investigations of crimes allegedly committed against the licensee or involving the gambling facilities provided under the licence), AND
    • the circumstances are such that the Commission might reasonably be expected to question whether the licensee’s measures to keep crime out of gambling had failed (15.2.1, paragraph 19b)
  • notify the Commission upon the making of a disclosure pursuant to section 330, 331, 332 or 338 of the Proceeds of Crime Act 2002 or section 19, 20, 21, 21ZA, 21ZB or 21A of the Terrorism Act 2000 (a suspicious activity report) (15.2.1 para .24)

Other reporting requirements (such as those under condition 15.2.2) may also be relevant, depending on the circumstances of each case.

Our expectations

We consider that non-disclosure clauses would be improperly used if their effect was to:

  • prevent, impede or deter, a person from:
    • reporting misconduct, or a breach of our regulatory requirements to us, or making an equivalent report to any other body responsible for supervising or regulating the matters in question
    • making a protected disclosure under the Public Interest Disclosure Act 1998
    • reporting an offence to a law enforcement agency
    • co-operating with a criminal investigation or prosecution
    • seeking treatment for problem gambling and discussing their gambling history with treatment providers
  • influence the substance of such a report, disclosure or co-operation

Non-disclosure clauses or other settlement terms must not stipulate, and the person expected to agree the settlement agreement must not be given the impression, that reporting or disclosure as set out above is prohibited. It may be appropriate for the settlement agreement itself to be clear about what disclosures are not prohibited by the non-disclosure clause.

For avoidance of doubt:

  • the above expectations apply to any clause which purports to restrict disclosure to third parties, and not just clauses which specifically name the Gambling Commission
  • compliance with the above expectation will not be achieved by including an exemption clause in the settlement agreement which states that a customer may report the matter to a regulator if they are required to do so.

If a customer in the course of negotiating a settlement agreement states that they intend to report a matter to the Commission, we expect licensees will normally be able to inform the customer that they have already self-reported the incident. In appropriate cases the licensee may also have made a suspicious activity report and informed us of this, in accordance with paragraph 24 of Licence Condition 15.2.1.

When there is a failure to self-report to us as required by Licence Condition 15, and there has also been a settlement agreement containing an NDA concluded in relation to the underlying facts, this may be seen as an aggravating factor in any regulatory action the Commission may choose to take.

If the agreement is or forms part of a settlement agreement under the Employment Rights Act 1996, you should ensure that you are aware of the requirements governing those agreements, including for the employee to be in receipt of independent advice. You will also need to ensure that the NDA does not include clauses known to be unenforceable.

Enforcement action

Failure to take this statement into account may result in regulatory action.”

 

Source: Latest News at European Gaming Media
This is a Syndicated News piece. Photo credits or photo sources can be found on the source article: UKGC – Industry warning notice: use of non-disclosure clauses (NDAs)

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Ganapati to Launch Manny Pacquiao Slot Game in September

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Ganapati PLC is going to launch boxing legend Manny Pacquiao themed slot game in September. Proceeds from the game will go to the Manny Pacquiao Foundation, supporting children’s education in the Philippines.

The game’s focus on fighting represents the local communities’ fight for a brighter future, something that Pacquiao strives for in his role as a senator of the Philippines. Elected to the Philippine Senate in 2016, he was firmly established as a leading figure in politics.

“This opportunity is extremely exciting for us as it represents Ganapati’s considerable growth within the industry. We’re delighted to be involved in this project with the octuple champion Manny Pacquiao – a true global superstar. It is wonderful to know the extent to which Ganapati is now being recognised in the industry,” Juliet Adelstein, CEO of Ganapati Europe Holding and Ganapati Malta said.

“Manny Pacquiao has defeated countless powerful players in the past – no matter how strong his opponent, he always faces them head on and without fear. This mental strength of his can be seen not only in his role as a pro-boxer, but also as a politician and future leader of the Philippines. Manny Pacquiao is the most successful and respected athlete in Asia and an incredibly skilled and determined politician. It is an honour to be able to produce his official game,” Hayato Terai, CLO of Ganapati PLC and Ganapati Malta said.

Source: Latest News at European Gaming Media
This is a Syndicated News piece. Photo credits or photo sources can be found on the source article: Ganapati to Launch Manny Pacquiao Slot Game in September

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iMovo becomes First Premier Implementation Partner for Zendesk in EMEA

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iMovo becomes First Premier Implementation Partner for Zendesk in EMEAReading Time: 1 minute

 

iMovo Ltd, an acknowledged leader in Customer Experience Management (CEM), Business Intelligence (BI), Workforce Management (WFM) and Artificial Intelligence (AI), is pleased to announce that it has achieved Zendesk Premier Implementation Partner status, the first such partner in the EMEA region to do so.

Building on its previous Premier Solution Provider status and having achieved a 100% successful track record of numerous implementations of the Zendesk customer service solution, iMovo’s Customer Service Engagement consultants underwent additional study and certification leading to the Premier Implementation Partner status.

With expertise across many industries and business functions, combined with a team of certified consultants, iMovo has helped organisations improve their customer service operations, foster satisfied customers and build loyal relationships as well as create new efficiencies and generate value and cost savings.

Commenting on this achievement, Emmanuel Buttigieg, Zendesk Line Advisor at iMovo said “This new status has us extremely happy and we see this as a clear sign of the commitment the two companies are making towards bringing cutting edge customer service across multiple markets including the UK, France, Malta, Italy, Greece, Cyprus, and Spain. Customer experience management has been a key focus for iMovo since its inception in 2010 and, with more than 60 successful projects under our belt, our team has demonstrated our vision, culture, and passion for customer experience and service management. As Premier Implementation Partners we look forward to continue working closely with Zendesk across the EMEA region.”

For more information please visit www.imovo.com.mt or send an email to info@imovo.com.mt.

Source: Latest News at European Gaming Media
This is a Syndicated News piece. Photo credits or photo sources can be found on the source article: iMovo becomes First Premier Implementation Partner for Zendesk in EMEA

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Rush Street Launches Online Sports Bets and Casino Games on iOS Devices in Pennsylvania

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Rush Street Interactive has launched online sports bets and play casino games on iOS devices in Pennsylvania. Players are finally able to place online sports bets and play casino games on iOS devices, via Rush Street Interactive’s BetRivers.com and PlaySugarHouse.com sites.

The launch has been facilitated by GeoGuard Location Validator, a new app launched through a partnership between GeoComply, a geolocation specialist.

“As we launch our casino site today, we are excited to offer Apple users a way to enjoy the innovative experiences we offer by betting from their mobile devices in Pennsylvania. We’re pleased that players with Apple mobile devices will be able to use the mobile web to play with PlaySugarHouse.com,” Richard Schwartz, president of Rush Street Interactive said.

“We are thrilled to be able to offer loyal users with Apple devices, such as iPhones, a way to get online and begin playing on our award-winning platform,” Schwartz added.

Source: Latest News at European Gaming Media
This is a Syndicated News piece. Photo credits or photo sources can be found on the source article: Rush Street Launches Online Sports Bets and Casino Games on iOS Devices in Pennsylvania

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