New norms for the enforcement of the Gambling Law

One year after being drafted, the norms for the enforcement of the Romanian Government Emergency Ordinance no. 77/2009 on the organization and operation of games of chance (the Gambling Law) were finally enacted and published on 26 February 2016. The norms, approved through Government Decision no. 111/2016, define new terms (including pertaining to services ancillary to the gaming activities) and set forth the licensing and authorization conditions for the gaming and gaming related activities.

Though mentioned in the Gambling Law since February 2015, the term affiliate is defined for the first time through the newly issued norms as the person obtaining revenues based on an agreement entered into with a remote gaming operator, as a consequence of the gambling activities performed by the players directed by the former to the operator’s website/platform. A fresh definition is also available for the 2nd class licence, being described as the document to be released by the National Office for Gambling and conferring upon the holder the right to perform in Romania activities ancillary to traditional and remote gaming.

The norms set forth rules concerning the organisation and operation for each type of gaming activity. Detailed provisions concern remote gaming activities, including KYC requirements, the information to be mandatory displayed on the operator’s website and gaming platform and specific rules concerning the operators gaming platform and IT system.

According to the norms, remote gaming authorized in Romania must be operated via a personalized gaming platform to include all players accessing such platform from Romania, as well as all players that are Romanian citizens and do not have a fiscal residence in another state. While the first category of players may be easily identified based, inter-alia, on IP address, the identification of the second category of players might prove difficult for the gaming operators, considering that establishing the fiscal residence of the relevant players requires observance of the applicable fiscal criteria which vary with the jurisdiction.

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