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1201 | Customer interaction: formal guidance for premises-based operators | Files | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/customer-interaction-formal-guidance-for-premises-based-operators | Some files may not be accessible for users of assistive technology. If you require a copy of the file in an accessible format [contact us](/forms/formatrequest) with details of what you require. It would help us to know what technology you use and the required format.
**PDF Files** Some PDF files cannot be displayed in a browser, you will see a message saying 'Please wait...'. If you see this message, you will need to download the file and open it in [Adobe Acrobat Reader (opens in a new tab)](https://get.adobe.com/reader/) .
[Customer Interaction Formal Guidance: Non Remote (July 2019)
application/pdf PDF 299.5 kB](//assets.ctfassets.net/j16ev64qyf6l/4ae78UgfVJADGplhwuPC56/b38fcc3699189658ab8b19da18627718/Customer-Interaction-Formal-Guidance-Non-Remote-July-2019.pdf)
---
Last updated: 12 September 2022
Show updates to this content * Callout added to the beginning of the guide.
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1202 | Contents | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/customer-interaction-formal-guidance-for-premises-based-operators | * [Customer interaction: formal guidance for premises-based operators](#)
* [Identifying the right customers](#non-remote-identifying-the-right-customers)
* [Understanding the impact of gambling harms](#understanding-the-impact-of-gambling-harms)
* [Using the right indicators for your business](#non-remote-using-the-right-indicators-for-your-business)
* [Affordability and a customer-s personal circumstances](#affordability-and-a-customers-personal-circumstances)
* [Vulnerability](#non-remote-vulnerability)
* [Spotting harmful gambling](#non-remote-spotting-harmful-gambling)
* [Interacting with the customer](#non-remote-interacting-with-the-customer)
* [Offering help and support](#non-remote-offering-help-and-support)
* [Keeping records](#non-remote-keeping-records)
* [Evaluate](#non-remote-evaluate)
* [Understanding the impact of individual interactions](#non-remote-understanding-the-impact-of-individual-interactions)
* [Evaluating the effectiveness of the approach](#non-remote-evaluating-the-effectiveness-of-the-approach)
[Print this guide](#) |
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1203 | 3.4.2 - Customer interaction – lotteries | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/3-4-2-customer-interaction-lotteries | Applies to:
All lottery licences
**Social responsibility code** Compliance with these is a condition of licences; therefore any breach of them by an operator may lead the Commission to review the operator-s licence with a view to suspension, revocation or the imposition of a financial penalty and would also expose the operator to the risk of prosecution.
1. Licensees who are non-commercial societies or external lottery managers must:
1. set an upper limit on the value of lottery tickets which may be sold to a person, whether as part of a single transaction or over a period of time, without customer interaction;
2. maintain records of all instances of customer interaction pursuant to (a) above and, in each case, whether purchase of tickets beyond the limits set was then permitted; and
3. ensure such records are made available to the Commission for inspection on request and retained for at least three years from the date of any lottery to which they relate.
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1204 | 3.4.3 - Remote customer interaction | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/3-4-3-remote-customer-interaction | Applies to:
All remote licences, except any remote lottery licence the holder of which does not provide facilities for participation in instant win or high frequency lotteries [1](#343-1) , remote gaming machine technical, gambling software, host, ancillary remote bingo, ancillary remote casino, ancillary remote betting, remote betting intermediary (trading rooms only) and remote general betting limited licences.
**Social responsibility code** Compliance with these is a condition of licences; therefore any breach of them by an operator may lead the Commission to review the operator-s licence with a view to suspension, revocation or the imposition of a financial penalty and would also expose the operator to the risk of prosecution.
In effect dates:
* in paragraph 1, the words ‘as explained in the Commission-s guidance (see paragraph 2)-; and the entirety of requirements 2 and 3 are not yet in effect
* paragraph 10 will come into effect on 12 February 2023
* the remainder of Social Responsibility Code Provision 3.4.3 is in effect from 12 September 2022.
1. Licensees must implement effective customer interaction systems and processes in a way which minimises the risk of customers experiencing harms associated with gambling. These systems and processes must embed the three elements of customer interaction – identify, act and evaluate – and which reflect that customer interaction is an ongoing process as explained in the Commission-s guidance (see paragraph 2).
2. Licensees must take into account the Commission-s guidance on customer interaction for remote operators as published and revised from time to time (‘the Guidance-).
3. Licensees must consider the factors that might make a customer more vulnerable to experiencing gambling harms and implement systems and processes to take appropriate and timely action where indicators of vulnerability are identified. Licensees must take account of the Commission-s approach to vulnerability as set out in the Commission-s Guidance.
4. Licensees must have in place effective systems and processes to monitor customer activity to identify harm or potential harm associated with gambling, from the point when an account is opened.
5. Licensees must use a range of indicators relevant to their customer and the nature of the gambling facilities provided in order to identify harm or potential harm associated with gambling. These must include:
* a. customer spend
* b. patterns of spend
* c. time spent gambling
* d. gambling behaviour indicators
* e. customer-led contact
* f. use of gambling management tools
* g. account indicators.
6. In accordance with SR Code Provision 1.1.2, licensees are responsible for ensuring compliance with the requirements. In particular, if the licensee contracts with third party business-to-business providers to offer any aspect of the licensee-s business related to the licensed activities, the licensee is responsible for ensuring that systems and processes are in place to monitor the activity on the account for each of the indicators in paragraph 5 (a-g) and in a timely way as set out in paragraphs 7 and 8.
7. A licensee-s systems and processes for customer interaction must flag indicators of risk of harm in a timely manner for manual intervention, and feed into automated processes as required by paragraph 11.
8. Licensees must take appropriate action in a timely manner when they have identified the risk of harm.
9. Licensees must tailor the type of action they take based on the number and level of indicators of harm exhibited. This must include, but not be limited to, systems and processes which deliver:
* a. tailored action at lower levels of indicators of harm which seeks to minimise future harm
* b. increasing action where earlier stages have not had the impact required
* c. strong or stronger action as the immediate next step in cases where that is appropriate, rather than increasing action gradually
* d. reducing or preventing marketing or the take-up of new bonus offers where appropriate
* e. ending the business relationship where necessary.
10. Licensees must prevent marketing and the take up of new bonus offers where strong indicators of harm, as defined within the licensee-s processes, have been identified.
11. Licensees must ensure that strong indicators of harm, as defined within the licensee-s processes, are acted on in a timely manner by implementing automated processes. Where such automated processes are applied, the licensee must manually review their operation in each individual customer-s case and the licensee must allow the customer the opportunity to contest any automated decision which affects them.
12. Licensees must implement processes to understand the impact of individual interactions and actions on a customer-s behaviour, the continued risk of harm and therefore whether and, if so, what further action is needed.
13. Licensees must take all reasonable steps to evaluate the effectiveness of their overall approach, for example by trialling and measuring impact, and be able to demonstrate to the Commission the outcomes of their evaluation.
14. Licensees must take account of problem gambling rates for the relevant gambling activity as published by the Commission [2](#343-2) , in order to check whether the number of customer interactions is, at a minimum, in line with this level. For the avoidance of doubt, this provision is not intended to mandate the outcome of those customer interactions.
## References
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1205 | 3.4.3 - Remote customer interaction | References | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/3-4-3-remote-customer-interaction | 1 A high frequency lottery is a lottery in which any draw takes place less than one hour after a draw in a previous lottery promoted on behalf of the same non-commercial society or local authority or as part of the same multiple lottery scheme.
2 [Problem gambling rates for the relevant gambling activities](https://www.gamblingcommission.gov.uk/licensees-and-businesses/page/the-importance-of-interacting-with-customers#problem gambling rates) are available on our website.
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1206 | Customer interaction: formal guidance for remote gambling operators | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/customer-interaction-formal-guidance-for-remote-gambling-operators |
> This formal guidance for remote gambling operators is not current and from 12 September 2022 operators are no longer required to take it into account. It was published in July 2019 and remained in effect from 31 October 2019 to 11 September 2022.
> Following our consultation on customer interaction, Social Responsibility Code Provision 3.4.3 for remote gambling operators has been introduced and the majority of requirements are in effect from 12 September 2022. We issued this [update on the regulatory requirements and status of formal guidance regarding customer interaction for remote gambling operators](/news/article/new-remote-customer-interaction-requirements-and-guidance-update) . The [guidance issued in June 2022 under Social Responsibility Code Provision 3.4.3](/guidance/customer-interaction-guidance-for-remote-gambling-licensees-formal-guidance) is not in effect and is subject to further consultation. Operators are not required to take it into account.
>
>
> This is a HTML version of this guidance. You can also view or download the [previous customer interaction guidance for remote operators (PDF)](#joicGBiBnXbw03f7S9HVr) published in July 2019.
>
>
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1207 | Customer interaction: formal guidance for remote gambling operators | Introduction | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/customer-interaction-formal-guidance-for-remote-gambling-operators | All licensees are required to interact with customers in a way which minimises the risk of customers experiencing harms associated with gambling, as set out in [Social Responsibility Code Provision 3.4.1](/licensees-and-businesses/lccp/condition/3-4-1-customer-interaction) of the Licence Conditions and Codes of Practice (LCCP).
A requirement to LCCP with effect from 31 October 2019 requires licensees to take into account the Commission-s guidance on customer interaction. This guidance is structured along the three key outcomes operators will be expected to meet.
These are, to:
* **identify**
* interact
* evaluate .
This guidance sets out why customer interaction is a requirement, makes our expectations clear, and suggests ways you could meet them. This includes learnings from research and some ways that gambling operators have found worked for them and their customers.
### How to use this guidance
The purpose of this guidance is to share knowledge based on research, current practice and lessons learned in order to support licensees in determining how they can meet the outcomes. It sets out why customer interaction is important and makes our expectations clear. Not all of the content of the guidance will be relevant to all operators, but licensees must take it into account and be able to demonstrate how they have done so.
Following the guidance is no guarantee that all customers experiencing or at risk of harm will be identified. The guidance is not the only source of information which operators should use to help them develop their own processes, and licensees should also keep up to date with published research and other sources.
### How we will use this guidance
For compliance and enforcement purposes, we will expect licensees to demonstrate how their policies, procedures and practices meet the required outcomes. This can be through implementing relevant parts of the guidance or demonstrating how and why implementing alternative solutions equally meet the outcomes.
Our understanding of gambling harms and how they manifest is constantly evolving, so for the purposes of raising standards, protecting consumer interests, and preventing harm to consumers, we will update and re-issue guidance where new evidence or risks emerge which may have a meaningful impact on how the outcomes can be met.
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1208 | Customer interaction: formal guidance for remote gambling operators | Files | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/customer-interaction-formal-guidance-for-remote-gambling-operators | Some files may not be accessible for users of assistive technology. If you require a copy of the file in an accessible format [contact us](/forms/formatrequest) with details of what you require. It would help us to know what technology you use and the required format.
**PDF Files** Some PDF files cannot be displayed in a browser, you will see a message saying 'Please wait...'. If you see this message, you will need to download the file and open it in [Adobe Acrobat Reader (opens in a new tab)](https://get.adobe.com/reader/) .
[Customer Interaction Formal Guidance: Remote operators (July 2019 - no longer in effect)
application/pdf PDF 371.0 kB](//assets.ctfassets.net/j16ev64qyf6l/joicGBiBnXbw03f7S9HVr/c9f171d593d38d1cbb98eb254b2e4e3c/Customer_Interaction_Formal_Guidance_Remote_operators__July_2019_-_no_longer_in_effect_.pdf) [Next page
Identifying the right customers](/licensees-and-businesses/guide/page/identifying-the-right-customers)
---
Last updated: 15 September 2022
Show updates to this content * Information in the callout at the beginning of the guidance has been updated.
* The guidance PDF has also been updated with the same information.
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1209 | 3.2.1 - Casinos SR code | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/3-2-1-casinos-sr-code | Applies to:
All non-remote casino licences
**Social responsibility code** Compliance with these is a condition of licences; therefore any breach of them by an operator may lead the Commission to review the operator-s licence with a view to suspension, revocation or the imposition of a financial penalty and would also expose the operator to the risk of prosecution.
1. Licensees must have and put into effect policies and procedures designed to prevent underage gambling, and monitor the effectiveness of these.
2. Licensees must ensure that their policies and procedures take account of the structure and layout of their gambling premises.
3. Licensees must designate one or more supervisors for each casino entrance.
4. A supervisor-s responsibilities include ensuring compliance with this section of the code.
5. A supervisor must implement the following procedures:
- checking the age of customers who appear to be, or are suspected of being, underage
- refusing entry to anyone unable to produce an acceptable form of identification, ie one which:
1. contains a photograph from which the individual can be identified
2. states the individual-s date of birth
3. is valid
4. is legible and shows no signs of tampering or reproduction
- taking action when there are unlawful attempts to enter the premises, including removing anyone who appears to be underage and cannot produce an acceptable form of identification.
- Licensees must not deliberately provide facilities for gambling in such a way as to appeal particularly to children or young people, for example by reflecting or being associated with youth culture.
- In premises restricted to adults, service must be refused in any circumstances where any adult is accompanied by a child or young person.
- Licensees must take all reasonable steps to ensure that all staff understand their responsibilities for preventing underage gambling. This must include appropriate training which must cover all relevant prohibitions against inviting children or young persons to gamble or to enter gambling premises, and the legal requirements on returning stakes and not paying prizes to underage customers.
- Licensees must conduct test purchasing or take part in collective test purchasing programmes as a means of providing reasonable assurance that they have effective policies and procedures to prevent underage gambling, and must provide their test purchase results to the Commission, in such a form or manner as the Commission may from time to time specify.
> Read additional [guidance on the information requirements](/guidance/lccp-Information-requirements/guidance-to-operators-on-display-of-licensed-status-other-information-requirements-test-purchase-results) contained within this section.
>
>
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1210 | Checklist of considerations | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/checklist-of-considerations | We welcome sight of novel product or concept developments before they are deployed in the market. We do not approve individual products, and the responsibility rests with operators to ensure that their developments are compliant and will help to deliver the licensing objectives of the Gambling Act. It is recommended that businesses obtain their own legal advice in this regard.
To assist developers we have provided a broad checklist of items that we expect them to have considered before contacting us. The list is not exhaustive and must not be considered in isolation from the previous advice. It provides a basic list of key issues.
## In respect of the cashless technology product or system you are developing, you should be able to fully explain:
## There are also a variety of harm mitigation and consumer empowerment measures that you should consider. You should ask yourself:
[Previous page
Licence Conditions and Codes of Practice: cashless payment](/licensees-and-businesses/guide/page/licence-conditions-and-codes-of-practice-in-cashless-payment-technologies)
---
Last updated: 7 June 2021
Show updates to this content No changes to show.
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1211 | Checklist of considerations | In respect of the cashless technology product or system you are developing, you should be able to fully explain: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/checklist-of-considerations | * How you will make sure that consumers are required to have a break from gambling before they are able to access and use new funds.
* How you have satisfied yourself that you will be compliant with the Gaming Machine (Circumstances of Use) Regulations in respect of the use of debit or credit cards, payment limits and committed payment limits.
* What anti-money laundering controls you have considered in designing your solution. For example, would a player be able to fund a gambling product via cash and then withdraw funds via an app or digital wallet?
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1212 | Checklist of considerations | There are also a variety of harm mitigation and consumer empowerment measures that you should consider. You should ask yourself: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/checklist-of-considerations | * What information can your product provide to the consumer about their own gambling? For example, will consumers be able to access information on their transactional gambling history over certain periods of time?
* Are you able to provide tools that enable the user to manage their gambling? For example, can the consumer use the product to set limits on the amount of money they are able to deposit or spend over a certain period of time?
* What alerts would be triggered when a limit is reached? How will the limit-setting be made effective in terms of reducing the risk of gambling-related harm?
* Does the product allow for users to voluntarily stop themselves from using the product for gambling purposes for a period of time? Or provide a cooling off period period whereby the product cannot be used for gambling for a certain period of time?
* If the product or system is to be made available for use with different gambling products (including different categories of gaming machine), how will you ensure that your solution is adaptable and able to respond to the different nature of each gambling product and the associated risks or legal requirements?
* Does your solution enable you or a gambling operator to monitor customer behaviour. For example, the gambling spend or intensity of an individual customer) over a period of time?
* How can you prevent, or assist in the prevention of, underage gambling?
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1213 | Compliance with safer gambling requirements | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/compliance-with-safer-gambling-requirements | See the following pages:
* [Transparency with consumers- do they know who they're participating against?](/licensees-and-businesses/page/customers-knowledge-of-who-they-are-participating-against)
* [Advertising and marketing](/licensees-and-businesses/guide/advertising-marketing-rules-and-regulations)
* [Appropriate licensed environments](/licensees-and-businesses/page/gaming-machines-in-gambling-premises)
* [Cashless payments](/licensees-and-businesses/guide/cashless-payment-technologies-in-gambling-premises)
* [Contribution to research, education and treatment](/licensees-and-businesses/guide/list-of-organisations-for-operator-contributions)
* [The importance of interacting with customers](/licensees-and-businesses/page/the-importance-of-interacting-with-customers)
* [Fair and transparent terms and practices](/licensees-and-businesses/guide/fair-and-transparent-terms-and-practices)
* [Local area risk assessments](/licensees-and-businesses/guide/local-area-risk-assessments)
* [Preventing underage gambling](/licensees-and-businesses/page/prevent-underage-gambling)
* [Self-exclusion](/licensees-and-businesses/page/self-exclusion-in-social-responsibility)
* [Destinations of regulatory settlements to be applied for socially responsible purposes](/licensees-and-businesses/page/regulatory-settlements-applied-for-socially-responsible-purposes)
[Previous page
Social responsibility](/licensees-and-businesses/guide/social-responsibility) [Next page
Licence conditions and codes of practice (LCCP)](/licensees-and-businesses/guide/page/licence-conditions-and-codes-of-practice-lccp)
---
Last updated: 4 January 2023
Show updates to this content 'Information to players' removed from list as this webpage has been retired.
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1214 | Gambling industry code for socially responsible advertising | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/gambling-industry-code-for-socially-responsible-advertising | You should comply with the [Gambling industry code for socially responsible advertising (opens in a new tab)](https://bettingandgamingcouncil.com/members/igrg) which is administered by the Industry Group for Responsible Gambling (IGRG).
This code is designed to supplement the CAP and BCAP codes by providing minimum industry standards in a limited number of related areas.
[Previous page
Advertising and marketing rules and regulations](/licensees-and-businesses/guide/advertising-marketing-rules-and-regulations) [Next page
Gambling and lotteries ads of strong appeal to under 18s](/licensees-and-businesses/guide/page/gambling-ads-of-particular-appeal-to-under-18s)
---
Last updated: 9 August 2021
Show updates to this content No changes to show.
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1215 | Gambling and lotteries ads of strong appeal to under 18s | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/gambling-ads-of-particular-appeal-to-under-18s | The CAP Code requires that marketing communications for gambling must not be likely to be of strong appeal to children or young persons, especially by reflecting or being associated with youth culture, particularly if they are generally available to view by them ('freely accessible'). Read more about [how the ASA views this type of content (opens in a new tab)](https://www.asa.org.uk/news/particularly-appealing-guidance-for-gambling-operators-not-children.html ) .
You need to take care with the use of imagery, wording and characters used in marketing communications. Ads must not include a person or character whose example is likely to be followed by those aged under 18 years or who has a strong appeal to those aged under 18, such as sports people and celebrities.
To support your compliance with the advertising rules, CAP-s guidance, [Gambling and lotteries advertising: protecting under-18s (opens in a new tab)](https://www.asa.org.uk/resource/protecting-children-and-young-people-gambling-guidance-2022.html) , was released in April 2022.
[Previous page
Gambling industry code for socially responsible advertising](/licensees-and-businesses/guide/page/gambling-industry-code-for-socially-responsible-advertising) [Next page
Advertising and sponsorship in sport](/licensees-and-businesses/guide/page/advertising-and-sponsorship-in-sport)
---
Last updated: 10 November 2022
Show updates to this content Following an audit the 'Gambling and lotteries advertising: protecting under-18s' link has been updated.
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1216 | Advertising and sponsorship in sport | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/advertising-and-sponsorship-in-sport | When agreeing commercial deals with sports clubs, we expect you to ensure that all parties are aware of, and compliant with, the relevant advertising and sponsorship rules and regulations.
These rules and regulations include:
* provisions contained within [LCCP](/licensees-and-businesses/lccp/online)
* the UK Advertising Codes
* the Gambling Industry Code for Socially Responsible Advertising
* sport governing body rules.
### In particular, the following codes should be adhered to
The UK Advertising Codes contain strict rules on the content, targeting and placement of gambling adverts. For example, licensees should ensure that their brand is not being promoted via the junior sections of clubs- websites.
The Gambling Industry Code for Socially Responsible Advertising requires that licensees do not allow their logos or other promotional material to appear on any commercial merchandising, (for example replica shirts), which is designed for use by children.
The European Sponsorship Association and the Football Association require that in the case of teams comprising players all under the age of 18, that gambling logos do not appear on any item of kit or clothing.
[Previous page
Gambling and lotteries ads of strong appeal to under 18s](/licensees-and-businesses/guide/page/gambling-ads-of-particular-appeal-to-under-18s) [Next page
Young people in marketing material](/licensees-and-businesses/guide/page/young-people-in-marketing-material)
---
Last updated: 28 September 2022
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1217 | Young people in marketing material | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/young-people-in-marketing-material |
> For the purposes of these rules, children are those who are 15 and under, and young persons are people of 16 or 17.
>
>
As a general rule, marketing communications for gambling must not include a child or a young person. No one who is, or seems to be, under 25 years old may be featured gambling or playing a significant role.
Individuals who are, or seem to be under 25 years old (18-24 years old) may be featured playing a significant role **only** in marketing communications that appear in a place where a bet can be placed directly through a transactional facility; for instance, a gambling operator-s premises or own website.
In all other instances, including social media, under 25s must not feature.
CAP has published the outcome of a consultation on a proposal to amend the Gambling section of the CAP Code. [CAP Gambling Consultation Regulatory Statement: Betting websites featuring individuals under the age of 25 (opens in a new tab)](https://www.asa.org.uk/news/gambling-section-of-cap-code-amended-following-consultation.html ) .
[Previous page
Advertising and sponsorship in sport](/licensees-and-businesses/guide/page/advertising-and-sponsorship-in-sport) [Next page
Open and transparent marketing](/licensees-and-businesses/guide/page/open-and-transparent-marketing)
---
Last updated: 28 September 2022
Show updates to this content No changes to show.
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1218 | Open and transparent marketing | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/open-and-transparent-marketing | The following codes are relevant to this section:
[LCCP: Social responsibility code 5.1.9 (Other marketing requirements)](/licensees-and-businesses/lccp/condition/5-1-9-other-marketing-requirements) [LCCP: Social responsibility code 5.1.11 (Direct electronic marketing consent)](/licensees-and-businesses/lccp/condition/5-1-11-direct-electronic-marketing-consent)
You must ensure that your marketing communications do not mislead consumers.
All significant terms and conditions which are likely to affect a consumer-s understanding of a marketing promotion must be prominently displayed within the advertisement and positioned close to the headline offer on all relevant landing webpages and sign-up webpages (or equivalent) for that promotion, unless the advertisement is so small that it is impossible to do so.
Significant conditions must be clear, timely, intelligible, unambiguous, non-misleading and transparent. The terms and conditions of each marketing incentive must be made available for the full duration of the promotion.
> If the significant conditions are not displayed with sufficient prominence, the ad will be seen as misleading.
>
>
We encourage you to refer to CAP's guidance on [Gambling ads: free bets and bonuses (opens in a new tab)](https://www.asa.org.uk/news/hedge-your-bets-new-guidance-on-free-bets-and-bonuses.html ) and and to the [Competition and Markets Authority principles (opens in a new tab)](https://www.gov.uk/government/publications/cma-prioritisation-principles) to ensure that all significant terms and conditions relating to promotions are presented in an accessible, clear and transparent way.
> Unless expressly permitted by law consumers must not be contacted with direct electronic marketing without their informed and specific consent.
>
>
Whenever a consumer is contacted they must be provided with an opportunity to withdraw consent. If consent is withdrawn then you must, as soon as practicable, ensure the consumer is not contacted with electronic marketing unless the consumer consents again, and you must be able to provide evidence which shows that consent.
LCCP 5.1.11 broadly reflects the relevant requirements of the Privacy and Electronic Communications Regulations (PECR), which are enforced by the Information Commissioner-s Office (ICO). Relevant guidance can be found on the [ICO-s website (opens in a new tab)](https://ico.org.uk/) :
* electronic and telephone marketing
* guidance on direct marketing
* direct marketing checklist
* guidance on cookies.
[Previous page
Young people in marketing material](/licensees-and-businesses/guide/page/young-people-in-marketing-material) [Next page
Responsible placement of digital adverts](/licensees-and-businesses/guide/page/responsible-placement-of-digital-adverts)
---
Last updated: 28 September 2022
Show updates to this content No changes to show.
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1219 | Responsible placement of digital adverts | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/responsible-placement-of-digital-adverts | The following code is relevant to this section:
[LCCP: Licence condition 16.1.1 (Responsible placement of digital adverts)](/licensees-and-businesses/lccp/condition/16-1-1-responsible-placement-of-digital-adverts)
You must ensure that you do not place digital advertisements on websites providing unauthorised access to copyrighted content and must take all reasonable steps to ensure that third parties with whom you contract do similar.
The [Infringing Website List (IWL) (opens in new tab)](https://www.iabuk.com/policy/infringing-website-list-iwl) , owned by the City of London Police-s Intellectual Property Crime Unit (PIPCU), is an online portal containing an up-to-date list of copyright infringing sites. The aim of the IWL is that advertisers, agencies and other intermediaries can voluntarily decide to stop advert placement on these illegal websites.
We'd encourage you to to sign up to access the IWL. For more information and to request access, email: [PIPCUIWL@cityoflondon.pnn.police.uk](mailto:PIPCUIWL@cityoflondon.pnn.police.uk)
[Previous page
Open and transparent marketing](/licensees-and-businesses/guide/page/open-and-transparent-marketing) [Next page
Sponsorship of British sporting clubs by gambling operators](/licensees-and-businesses/guide/page/sponsorship-of-british-sporting-clubs-by-gambling-operators)
---
Last updated: 28 September 2022
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1220 | Sponsorship of British sporting clubs by gambling operators | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/sponsorship-of-british-sporting-clubs-by-gambling-operators | A number of British sports clubs have sponsorship deals with gambling operators. Sports sponsorship falls within the definition of advertising in [Section 327(2)(a) of the Gambling Act 2005 (opens in a new tab)](https://www.legislation.gov.uk/ukpga/2005/19/section/327) . Such sponsorship deals must comply with the gambling industry code for socially responsible advertising including with regard to the branding of children-s replica kits.
## The gambling industry code for socially responsible advertising (the industry code) covers this issue and states at paragraph 33 that:
[Previous page
Responsible placement of digital adverts](/licensees-and-businesses/guide/page/responsible-placement-of-digital-adverts)
---
Last updated: 28 September 2022
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1221 | Sponsorship of British sporting clubs by gambling operators | The gambling industry code for socially responsible advertising (the industry code) covers this issue and states at paragraph 33 that: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/sponsorship-of-british-sporting-clubs-by-gambling-operators | The advertising of adult-only gambling products or product suppliers should never be targeted at children. This applies equally to sponsorship and this code requires that gambling operators will not allow their logos or other promotional material to appear on any commercial merchandising which is designed for use by children. A clear example of this would be the use of logos on children-s sports shirts which in future would not be permitted under the terms of this code. Children-s shirts and other merchandise will be defined as those that do not attract VAT.
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1222 | 5.1.6 - Compliance with advertising codes | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/5-1-6-compliance-with-advertising-codes | Applies to:
All licences, except lottery licences
**Social responsibility code** Compliance with these is a condition of licences; therefore any breach of them by an operator may lead the Commission to review the operator-s licence with a view to suspension, revocation or the imposition of a financial penalty and would also expose the operator to the risk of prosecution.
1. All marketing of gambling products and services must be undertaken in a socially responsible manner.
2. In particular, Licensees must comply with the advertising codes of practice issued by the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) as applicable. For media not explicitly covered, licensees should have regard to the principles included in these codes of practice as if they were explicitly covered.
3. The restriction on allowing people who are, or seem to be, under 25 years old (ie: those in the 18-24 age bracket) to appear in marketing communications need not be applied in the case of non-remote point of sale advertising material, provided that the images used depict the sporting or other activity that may be gambled on and not the activity of gambling itself and do not breach any other aspect of the advertising codes.
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1223 | Managing criminal risk - bonus and promotional offers | https://www.gamblingcommission.gov.uk/licensees-and-businesses/page/managing-criminal-risk-bonus-and-promotional-offers |
> You must have robust ID verification procedures in order to prevent underage gambling, enforce self-exclusions and confirm customers' identities.
>
>
Verification must be conducted at [appropriate points in time](/news/article/commission-urges-operators-to-review-when-customer-identity-checks-are-made) and not simply at point of withdrawal. It should also play a significant role in preventing individual consumers from gambling through third party accounts held in the names of family members, friends or other acquaintances.
Bonus and promotional offers must only be made available in a manner which is consistent with the licensing objectives, which includes a responsibility to prevent such offers from being exploited criminally for potential financial gain.
If the industry can-t appropriately manage the criminal risks presented by bonus and promotional offers, we will consider whether regulatory intervention is required. For example, we could consider introducing a condition to restrict the use of bonus and promotional offers which are designed to induce and encourage gambling (via [section 81 of the Gambling Act (opens in a new tab)](https://www.legislation.gov.uk/ukpga/2005/19/section/81) ).
We have also informed the public of [checks they can do to stay safe](/public-and-players/page/checks-you-can-do-to-stay-safe) when opening online gambling accounts.
---
Last updated: 29 April 2021
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1224 | 3.5.3 - Self-exclusion – remote SR code | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/3-5-3-remote-sr-code | Applies to:
All remote licences except: gaming machine technical, gambling software, host, ancillary remote bingo, ancillary remote casino, betting intermediary (trading room only) and remote betting (standard) (remote platform) licences.
Paragraph 8 does not apply to ancillary remote betting licences, remote general betting (limited), or any remote lottery licence the holder of which does not provide facilities for participation in instant win lotteries
**Social responsibility code** Compliance with these is a condition of licences; therefore any breach of them by an operator may lead the Commission to review the operator-s licence with a view to suspension, revocation or the imposition of a financial penalty and would also expose the operator to the risk of prosecution.
1. Licensees must have and put into effect procedures for self-exclusion and take all reasonable steps to refuse service or to otherwise prevent an individual who has entered a self-exclusion agreement from participating in gambling.
2. Licensees must, as soon as practicable, take all reasonable steps to prevent any marketing material being sent to a self-excluded customer.
3. Licensees must take steps to remove the name and details of a self-excluded individual from any marketing databases used by the company or group (or otherwise flag that person as an individual to whom marketing material must not be sent), within two days of receiving the completed self-exclusion notification.
4. This covers any marketing material relating to gambling. However, it would not extend to blanket marketing which is targeted at a particular geographical area and where the excluded individual would not knowingly be included.
5. Licensees must close any customer accounts of an individual who has entered a self- exclusion agreement and return any funds held in the customer account. It is not sufficient merely to prevent an individual from withdrawing funds from their customer account whilst still accepting wagers from them. Where the giving of credit is permitted, the licensee may retain details of the amount owed to them by the individual, although the account must not be active.
6. Licensees must put into effect procedures designed to ensure that an individual who has self-excluded cannot gain access to gambling. These procedures must include:
- a register of those excluded with appropriate records (name, address, other details, and any membership or account details that may be held by the operator);
- a record of the card numbers to be excluded;
- staff training to ensure that staff are able to administer effectively the systems; and
- the removal of access from those persons found to have gambled or who have attempted to gamble on the facilities.
- Licensees must when administering the self-exclusion signpost the individual to counselling and support services.
- Customers must be given the opportunity to self-exclude by contacting customer services and in addition by entering an automated process using remote communication. In order to avoid inadvertent self-exclusion it is acceptable for an automated process to include an additional step that requires the customer to confirm that they wish to self-exclude. The licensee must ensure that all staff who are involved in direct customer service are aware of the self-exclusion system in place, and are able to direct that individual to an immediate point of contact with whom/which to complete that process.
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1225 | 1.1.2 - Responsibility for third parties – all licences | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/1-1-2-responsibility-for-third-parties-all-licences | Applies to:
All licences
**Social responsibility code** Compliance with these is a condition of licences; therefore any breach of them by an operator may lead the Commission to review the operator-s licence with a view to suspension, revocation or the imposition of a financial penalty and would also expose the operator to the risk of prosecution.
1. Licensees are responsible for the actions of third parties with whom they contract for the provision of any aspect of the licensee-s business related to the licensed activities.
2. Licensees must ensure that the terms on which they contract with such third parties:
- require the third party to conduct themselves in so far as they carry out activities on behalf of the licensee as if they were bound by the same licence conditions and subject to the same codes of practice as the licensee
- oblige the third party to provide such information to the licensee as they may reasonably require in order to enable the licensee to comply with their information reporting and other obligations to the Commission
- enable the licensee, subject to compliance with any dispute resolution provisions of such contract, to terminate the third party-s contract promptly if, in the licensee-s reasonable opinion, the third party is in breach of contract (including in particular terms included pursuant to this code provision) or has otherwise acted in a manner which is inconsistent with the licensing objectives, including for affiliates where they have breached a relevant advertising code of practice.
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1226 | 8.1.1 - Ordinary code | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/8-1-1-information-requirements-ordinary-code | Applies to:
All licences
**Ordinary code** These do not have the status of operator licence conditions but set out good practice. Operators may adopt alternative approaches to those set out in ordinary code provisions if they have actively taken account of the ordinary code provision and can demonstrate that an alternative approach is reasonable in the operator's particular circumstances; or that to take an alternative approach would be acting in a similarly effective manner. Ordinary codes of practice are admissible in evidence in criminal or civil proceedings and must be taken into account in any case in which the court or tribunal think them relevant, and by the Commission in the exercise of its functions; any departure from ordinary code provisions by an operator may be taken into account by the Commission on a licence review, but cannot lead to imposition of a financial penalty.
1. As stated earlier in this code, the Commission expects licensees to work with the Commission in an open and cooperative way and to inform the Commission of any matters that the Commission would reasonably need to be aware of in exercising its regulatory functions. These include in particular matters that will have a material impact on the licensee-s business or on the licensee-s ability to conduct licensed activities compliantly and consistently with the licensing objectives.
2. Thus, licensees should notify the Commission, or ensure that the Commission is notified, as soon as reasonably practicable and in such form and manner as the Commission may from time to time specify [1](#811-1) , of any matters which in their view could have a material impact on their business or affect compliance. The Commission would, in particular, expect to be notified of the occurrence of any of the following events in so far as not already notified in accordance with the conditions attached to the licensee-s licence [2](#811-2) :
- any material change in the licensee-s structure or the operation of its business
- any material change in managerial responsibilities or governance arrangements
- any report from an internal or external auditor expressing, or giving rise to, concerns about material shortcomings in the management control or oversight of any aspect of the licensee-s business related to the provision of gambling facilities.
> Read additional [guidance on the information requirements](/guidance/lccp-Information-requirements/guidance-to-operators-on-display-of-licensed-status-lccp-notifications-matters-that-could-have-a-material-impact-on-a-business) contained within this section.
>
>
## References
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1227 | 8.1.1 - Ordinary code | References | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/8-1-1-information-requirements-ordinary-code | 1 These matters are to be reported to us online via our [‘eServices-](/service/operator-eservices) digital service on our website.
2 Events which must be reported, because the Commission considers them likely to have a material impact on the nature or structure of a licensee-s business, are set out in general licence condition 15.2.1
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1228 | Transparency | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/transparency | Consumers must be able to understand all of the terms that govern their play. You should remember that literacy levels vary significantly across the population and a consumer reading your terms may not have English as their first language. There are freely available tools that can assess the reading level needed to understand a piece of text.
The following guidance in this section relates specifically to Promotions.
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1229 | Transparency | Ensure all Significant Conditions are provided: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/transparency | * to consumers in a clear, timely, intelligible, unambiguous, transparent, non-misleading and prominent manner
* within the advert and with the headline offer on all relevant landing webpages and sign-up webpages (or equivalent) for that Promotion
* within the advert and with the headline offer on any other advertising on any medium for that Promotion, except where it is impossible to do so due to significant limitations on time and/or space in the relevant advertising medium, in which case give as much information about the Significant Conditions as possible within the advert, and with the headline offer, together with a link to a webpage (or Equivalent) containing all the Significant Conditions and other terms relating to the Promotion in full.
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1230 | Transparency | Ensure all terms and conditions relating to a Promotion, including terms which apply to all Bonuses, are accessible: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/transparency | * before consumer signs up,
(i) on all relevant landing pages and sign-up pages for that Promotion (or Equivalents)
(ii) within a single click (or equivalent) from any other advertising on any medium for that Promotion, to the extent that it is not possible to include such terms and conditions on such advertising
* once play commences, within a single click from the bonus tab on the consumer-s account/home page (or each relevant equivalent).
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1231 | Transparency | You should also be aware that: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/transparency | Marketing of promotional offers must comply with rules set out in [LCCP SR 5.1.9.](/licensees-and-businesses/lccp/condition/5-1-9-other-marketing-requirements) . We have also published [guidance](/licensees-and-businesses/guide/page/open-and-transparent-marketing) on this.
For further information regarding acceptable claims and how terms and conditions should be displayed or signposted in adverts, you can view [CAPs guidance on Gambling ads: free bets and bonuses (opens in a new tab)](https://www.asa.org.uk/resource/gambling-ads-free-bets-and-bonuses.html) .
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1232 | Transparency | What not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/transparency | * terms and conditions must not be unnecessarily complex
* terms and conditions must not be hidden from players
## Example of what not to do
## Ensure that at all times the consumer is informed:
## What you should do
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1233 | Transparency | Example of what not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/transparency | Promotional banners must not lead straight to a sign-up page without making sure that the player has had access to all significant terms and conditions. Additional terms and conditions must not be hidden in a separate tab or window on a webpage.
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1234 | Transparency | Ensure that at all times the consumer is informed: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/transparency | * when they are playing with Restricted Funds
* if playing with Restricted Funds, about the nature of, and consequences of non-compliance with, the Promotional Play Restrictions or Wagering Requirements.
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1235 | Transparency | What you should do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/transparency | * players must be told when they are playing with restricted funds and any requirements or restrictions associated with this
* players must be told when they are playing with restricted funds, bonus funds for example, and should be reminded what these restrictions are
* players must be reminded of the restrictions whenever they start a new play session. For example, if a player pauses play and logs out of their account, they must be reminded when they log back into the account that they are playing with restricted funds
* when playing with restricted funds, players must be told of the nature of the play restrictions or wagering requirements, and the consequences if they don-t follow these requirements.
> Simply including the information in website terms and conditions is not sufficient.
>
>
[Previous page
Fair and transparent terms and practices](/licensees-and-businesses/guide/fair-and-transparent-terms-and-practices) [Next page
Restrictions on withdrawing deposit and deposit winnings](/licensees-and-businesses/guide/page/restrictions-on-withdrawing-deposit-and-deposit-winnings)
---
Last updated: 15 February 2022
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1236 | Restrictions on withdrawing deposit and deposit winnings | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/restrictions-on-withdrawing-deposit-and-deposit-winnings | Players must be informed that they are allowed to withdraw their deposit balance at any time, including when a bonus is pending or active on the account. Players must be allowed to withdraw without restriction, except as necessary to comply with any General Regulatory Obligations.
You must also ensure that:
* your general terms and conditions clearly reflect this right of withdrawal
* this right of withdrawal is clearly stated to consumers during the sign up process for a promotion and on the consumer-s account page (or equivalent).
This doesn't prevent an operator from deducting a fee charged to consumers for processing that withdrawal or, where a consumer seeks to withdraw less than their full deposit balance, reasonably to limit the size or number of separate withdrawals that a consumer may make, provided that this is done in accordance a fair and transparent term in the contract that the consumer has agreed to.
Any fee should not exceed a reasonable estimate of the costs incurred directly by an operator in relation to the processing of that withdrawal.
You must ensure that:
* the deposit balance and (if applicable) the bonus balance are always clearly displayed separately to the consumer
* that Promotional Play Restrictions and Wagering Requirements (if applicable) do not apply to any play by a consumer with their Deposit Balance except where in-game mechanisms automatically prevent a consumer from placing a wager that contravenes the Promotional Play Restrictions
* that Promotional Play Restrictions and Wagering Requirements (if applicable) do not apply to any play by a consumer with their Deposit Balance except where in-game mechanisms automatically prevent a consumer from placing a wager that breaches the Promotional Play Restrictions.
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1237 | Restrictions on withdrawing deposit and deposit winnings | What you should do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/restrictions-on-withdrawing-deposit-and-deposit-winnings | Operators must allow players to withdraw funds from their deposit balance, even if they are allocated to a bonus including when a bonus is pending or active in the account. We recognise that numerous small withdrawals can be costly for an operator, therefore, operators are not prevented from deducting a cost-reflective processing fee for withdrawals. However, this must be made clear to players before they deposit. Any charges for a withdrawal must not exceed the direct processing cost.
Operators are required to comply with [General Regulatory Obligations](/licensees-and-businesses/aml) .
The deposit balance and bonus balance must always be displayed separately in a clear and prominent manner.
Operators do not need to display balance and bonus pots within the in-game view, as long as this information is displayed on the account homepage.
Promotional play restrictions and wagering requirements must not apply when a player is playing with their deposit balance.
Operators can only apply play restrictions when a player is playing with their deposit balance, when they have software that stops the player from breaching them. For example, if there is a maximum stake limit, the player must not be able to exceed it when playing with their deposit balance.
Operators are free to require players to meet wagering requirements for bonus winnings so long as they can withdraw winnings made with their own funds, no matter how much or how little they have played.
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1238 | Restrictions on withdrawing deposit and deposit winnings | What not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/restrictions-on-withdrawing-deposit-and-deposit-winnings | * layers must not be made to meet wagering requirements before they can withdraw money from their deposit balance
* funds from deposit and bonus balances must not be mixed together or displayed to the player as a single pot of money
* players must not be asked for information at the point they request a withdrawal from their account if the operator could reasonably have asked for this information at an earlier time. Further information on the rules on identify verification can be found in our [age and identity verification consultation response document](/consultation-response/changes-to-the-licence-conditions-and-codes-of-practice-on-age-and-identity) .
## Example of what not to do:
[Previous page
Transparency](/licensees-and-businesses/guide/page/transparency) [Next page
Promotional play restrictions](/licensees-and-businesses/guide/page/promotional-play-restrictions)
---
Last updated: 15 February 2022
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1239 | Restrictions on withdrawing deposit and deposit winnings | Example of what not to do: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/restrictions-on-withdrawing-deposit-and-deposit-winnings | * 'Your withdrawals are limited to one per day and no more than five per week'
* 'You may withdraw up to £5,000 per day once you have wagered your original deposit'
* 'Before making any withdrawals from your deposit account, you must first wager the value of this 5 times'
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1240 | Promotional play restrictions | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/promotional-play-restrictions | You must ensure that terms and conditions setting out any Promotional Play Restrictions clearly specify all prohibited types or patterns of play, and do not reserve sole discretion on the operator to:
* determine when play falls within these specified categories
* determine other forms of play to be in breach of the terms and conditions.
Your terms and conditions should be structured so that terms setting out prohibitions and sanctions on account fraud, collusion, use of multiple accounts, manipulation of software, exploitation of loopholes or other technical forms of abuse or other behaviour which amounts to deliberate cheating, are contained in separate terms to those relating to any Promotional Play Restrictions.
If a decision has been made that a consumer is to lose winnings or will be refused a requested withdrawal from their account on the grounds of a breach of Promotional Play Restrictions, the consumer must be provided with a full explanation of the breach of the relevant Promotional Play Restriction, including the specific terms breached.
For the avoidance of doubt, this does not require the disclosure of information to the consumer to the extent this would cause an operator to breach any General Regulatory Obligation.
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1241 | Promotional play restrictions | What you should do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/promotional-play-restrictions | Operators should ensure that all prohibited types or patterns of play are listed within terms and conditions. They must also make sure that all types of banned play are listed and that players are aware of these.
Terms and conditions highlighting the possible penalties if fraud/cheating/collusion is identified, must be separate to the terms relating to the promotional play restrictions.
Operators must clearly distinguish between terms intended to prevent fraud, collusion, cheating, bonus abuse etc, and those which outline broader play strategies it wishes to prevent players from engaging in.
Operators must ensure that players are fully informed about the impact of play restrictions.
If a player has not followed the play restrictions and rules of a game and their win or withdrawal is refused, the operator should explain why.
When advising a player that they have not complied with the play restrictions, operators should explain what happened but do not have to reveal any information that would result in them breaching any [General Regulatory Requirements](/licensees-and-businesses/aml) .
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1242 | Promotional play restrictions | What not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/promotional-play-restrictions | Terms cannot contain a general reference to banned types of play as this is too vague. Players must be provided with as much information as possible, therefore, each type of prohibited play should be specifically lised.
Operators must not ban a form of play that was not clearly outlined to the players in advance.
Operators must not reserve sole discretion to determine when and what forms of play breach terms and conditions.
## Example of what not to do
[Previous page
Restrictions on withdrawing deposit and deposit winnings](/licensees-and-businesses/guide/page/restrictions-on-withdrawing-deposit-and-deposit-winnings) [Next page
Terms giving licensees undue discretion on their application](/licensees-and-businesses/guide/page/terms-giving-licensees-undue-discretion-on-their-application)
---
Last updated: 15 February 2022
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1243 | Promotional play restrictions | Example of what not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/promotional-play-restrictions | * Your membership of the rewards scheme may be removed if it is abused, and we will decide on what behaviour and types of play constitutes an abuse
* ‘We reserve the sole discretion to determine prohibited types or patterns of play-.
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1244 | Terms giving licensees undue discretion on their application | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/terms-giving-licensees-undue-discretion-on-their-application | You are required by the [terms of your licence](/licensees-and-businesses/lccp/condition/7-1-1-fair-and-transparent-terms-and-practices) to make sure that the terms on which gambling is offered are not unfair within the meaning of the Consumer Rights Act 2015. Under that Act, a term is unfair if it causes a significant imbalance in the parties- rights and obligations under the contract to the detriment of the consumer. A term that gives a licensee the discretion to decide when and how it is applied would be unfair under that meaning.
You should not use terms that give you sole discretion as to if and how they are applied. This particularly includes terms covering treatment of customers- funds where a licensee believes there has been:
* illegal, irregular or fraudulent play
* use of multiple accounts
* third party use or funding of accounts.
## Example of what not to do
[Previous page
Promotional play restrictions](/licensees-and-businesses/guide/page/promotional-play-restrictions) [Next page
Terms allowing licensees to confiscate customers- un-staked deposits](/licensees-and-businesses/guide/page/terms-allowing-licensees-to-confiscate-customers-un-staked-deposits)
---
Last updated: 15 February 2022
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1245 | Terms giving licensees undue discretion on their application | Example of what not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/terms-giving-licensees-undue-discretion-on-their-application | Have terms that say you “may” or “reserve the right” (or similar) to void or withhold a customer-s winnings in certain situations including those listed above. Customers are entitled to know what action you would take in those terms. Any of your terms concerning treatment of customers- funds should also comply with our guidance on their un-staked deposits.
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1246 | Terms allowing licensees to confiscate customers- un-staked deposits | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/terms-allowing-licensees-to-confiscate-customers-un-staked-deposits | A customer-s un-staked deposits remain their property. Other than where necessary to comply with a General Regulatory Obligation, licensees must not have terms that allow them to confiscate all or part of a customer-s money that has been deposited with them, but not yet staked.
[Previous page
Terms giving licensees undue discretion on their application](/licensees-and-businesses/guide/page/terms-giving-licensees-undue-discretion-on-their-application) [Next page
Free bets and account restrictions (in relation to sports betting)](/licensees-and-businesses/guide/page/free-bets-and-account-restrictions-in-relation-to-sports-betting)
---
Last updated: 15 February 2022
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1247 | Free bets and account restrictions (in relation to sports betting) | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/free-bets-and-account-restrictions-in-relation-to-sports-betting | Do not enforce (or seek to enforce) any Account Restriction against a consumer who has, prior to such Account Restriction being notified to them, made one or more qualifying bets in respect of a Free Bet Promotion, where enforcing such an Account Restriction would:
**a.** affect the consumer-s ability:
* to receive any of the free bets, or the full expected value of any of the free bets, from that Free Bet Promotion, having placed all the necessary qualifying bets
* to receive any of the free bets, or the full value of any of the free bets, to which they would be entitled upon placing the remaining qualifying bets required by that Free Bet Promotion
* to complete any Wagering Requirements associated with that Free Bet Promotion.
**b.** materially affect the consumer-s ability to complete the qualifying bets required by that Free Bet Promotion.
Your general terms and conditions must provide the consumer with the opportunity to obtain the full number and value of any free bets in the circumstances as previously set out, and ensure that the terms relating to future Free Bet Promotions make similar provision.
You should ensure that any notification that an Account Restriction has been applied to a consumer informs them:
* that the Account Restriction is without prejudice to their participation in full in any Free Bet Promotion for which they have already placed qualifying bets
* of the steps they should take to receive the full benefit of any free bets otherwise altered or removed by the application of any Account Restrictions in contravention of the first paragraph.
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1248 | Free bets and account restrictions (in relation to sports betting) | What you should do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/free-bets-and-account-restrictions-in-relation-to-sports-betting | An operator must not enforce an account restriction if a player has qualified for a free bet promotion, before being notified of the restriction where:
* the player has placed all qualifying bets and the restriction would stop them receiving the free bets or the value of these
* the player has already started placing the qualifying bets and the restriction would stop them receiving the free bets or the value of these.
An operator must not enforce an account restriction if a player has qualified for a free bet promotion, before being notified of the restriction, where this would materially affect the player being able to complete the qualifying bets necessary for the free bet promotion.
Operators must consider the effect the account restrictions will have and determine whether this is material. A restriction that significantly reduces the market or odds available to a player would be material.
Terms and conditions must state that players are able to obtain their free bets if they have started qualifying for these before being notified of an account restriction.
When an operator informs a player that their account has been restricted, they must let them know that they are still able to take part in an existing promotion if they have already placed the qualifying bets.
> If players have started to qualify for the free bet promotion, they must be told how they can receive any free bets that have been altered or removed.
>
>
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1249 | Free bets and account restrictions (in relation to sports betting) | What not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/free-bets-and-account-restrictions-in-relation-to-sports-betting | Players must not find it more difficult to complete the qualifying bets as a result of account restrictions after they started to qualify for the free bet.
## Example of what not to do:
[Previous page
Terms allowing licensees to confiscate customers- un-staked deposits](/licensees-and-businesses/guide/page/terms-allowing-licensees-to-confiscate-customers-un-staked-deposits) [Next page
Compulsory publicity](/licensees-and-businesses/guide/page/compulsory-publicity)
---
Last updated: 15 February 2022
Show updates to this content No changes to show.
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1250 | Free bets and account restrictions (in relation to sports betting) | Example of what not to do: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/free-bets-and-account-restrictions-in-relation-to-sports-betting | * If stake factoring meant that a player would be restricted from making their remaining qualifying bets on the most popular sections on a major football market, then that player would be materially restricted.
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1251 | Compulsory publicity | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/compulsory-publicity | Do not use, enforce, or seek to rely on any term in a consumer contract or notice which has object or effect of:
* obliging consumers to participate in publicity promoting the operator or an associated business if required to do so
* deeming the consumer, by accepting and agreeing to the terms of such a contract or consumer notice, to have consented to the use of any personal information (including name) for promotional purposes for the benefit of the operator.
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1252 | Compulsory publicity | What you should do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/compulsory-publicity | Operators must not use terms and conditions that forces players to take part in publicity promoting the operator. Players must be willing to take part in any publicity and cannot be pressured or forced to take part and they should give their explicit consent to participate in any publicity.
Terms and conditions relating to Data Protection and GDPR must not be used as an indication that players have agreed to take part in publicity promoting the operator:
* players must opt into promotions rather than being automatically enrolled
* refer to our [GDPR and Data protection](/licensees-and-businesses/guide/gambling-regulation-and-the-general-data-protection-regulation-gdpr) information for further guidance in this area.
Ensure that when a player enters a promotion, operators have been given express and informed consent and the player has accepted the terms and conditions. Players must opt into promotions rather than being automatically enrolled.
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1253 | Compulsory publicity | What not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/compulsory-publicity | Operators cannot assume that a player has consented to take part in promotional activity by agreeing to the data protection and GDPR terms and conditions provided by operators.
## Example of what not to do
[Previous page
Free bets and account restrictions (in relation to sports betting)](/licensees-and-businesses/guide/page/free-bets-and-account-restrictions-in-relation-to-sports-betting) [Next page
The right to vary a promotion](/licensees-and-businesses/guide/page/the-right-to-vary-a-promotion)
---
Last updated: 15 February 2022
Show updates to this content No changes to show.
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1254 | Compulsory publicity | Example of what not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/compulsory-publicity | * 'As a member of our VIP scheme, you will be enrolled into our promotions and publicity activity. Please contact customer services if you wish to opt out of this.'
* Don't enrol a consumer in any promotion without first obtaining the consumer-s express and informed consent to accept the terms and conditions of that specific promotion.
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1255 | The right to vary a promotion | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/the-right-to-vary-a-promotion | Not to use, enforce, or seek to rely on any term in a consumer contract or notice which has the object or effect of:
* permitting an operator to vary or discontinue a Promotion, or any part of it, in respect of a consumer who has opted into the Promotion, made a deposit in expectation of receipt of a Bonus, and/or commenced play in relation to the Promotion prior to the date of the communication of the variation, other than where necessary to prevent fraud or other similar unlawful behaviour
* reserving absolute discretion to an operator to determine either:
(i) its liability to a consumer
(ii) a consumer-s legal rights under the terms of a Promotion.
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1256 | The right to vary a promotion | What you should do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/the-right-to-vary-a-promotion | Operators must not have any terms which allow them to vary or stop a promotion once a player has signed up. However, occasionally there may be a legitimate need to amend the terms of a promotion before a player has signed up to it, for example, to manage/prevent fraud and other unlawful behaviour.
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1257 | The right to vary a promotion | What not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/the-right-to-vary-a-promotion | Operators must only amend the terms of a promotion before a player has signed up to it. Terms must not be changed after a player has opted to take part.
## Example of what not to do
[Previous page
Compulsory publicity](/licensees-and-businesses/guide/page/compulsory-publicity) [Next page
Maximum withdrawal limits](/licensees-and-businesses/guide/page/maximum-withdrawal-limits)
---
Last updated: 15 February 2022
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1258 | The right to vary a promotion | Example of what not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/the-right-to-vary-a-promotion | 'We will use our sole discretion to amend and modify the terms and conditions at all times. This may include withdrawing the promotion if considered appropriate'.
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1259 | Maximum withdrawal limits | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/maximum-withdrawal-limits | Do not impose, use, enforce, or seek to rely on any term in a consumer contract or consumer notice which has the object or effect of imposing any maximum limit on the amount a consumer may withdraw from their Deposit Balance.
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1260 | Maximum withdrawal limits | What you should do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/maximum-withdrawal-limits | Players are entitled to withdraw money from their deposit balance, including their winnings, at any time. Operators must allow players to withdraw funds from their deposit balance and there must be no term in place that restricts this.
We recognise that numerous small withdrawals can be costly for an operator and, therefore, operators are not prevented from deducting a cost-reflective processing fee for withdrawals. However, this must be made clear to players before they deposit.
Any charges must not exceed the direct cost of processing a withdrawal, and any limit on the size or number of withdrawals must be reasonable.
This does not prevent operators from promptly conducting any identity verification or other checks prior to withdrawal as strictly necessary to comply with [General Regulatory Obligations](/licensees-and-businesses/aml) .
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1261 | Maximum withdrawal limits | What not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/maximum-withdrawal-limits | * there must be no restrictions on the maximum amount of money a player can withdraw at any time
* players must not be charged if they wish to withdraw the entirety of their deposit balance
* the withdrawal of funds must not prompt an operator to request this information
* further information about this follows in section 4 and in the information we have published in our [response to the consultation on age and identity verification](/consultation-response/changes-to-the-licence-conditions-and-codes-of-practice-on-age-and-identity) .
## Example of what not to do
[Previous page
The right to vary a promotion](/licensees-and-businesses/guide/page/the-right-to-vary-a-promotion) [Next page
Account inactivity](/licensees-and-businesses/guide/page/account-inactivity)
---
Last updated: 15 February 2022
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1262 | Maximum withdrawal limits | Example of what not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/maximum-withdrawal-limits | 'You may withdraw up to £50 per day and up to £500 per week'
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1263 | Account inactivity | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/account-inactivity | Operators cannot use the grounds that the consumer-s account has been inactive to:
* confiscate all or part of the funds in a consumer-s Deposit Balance, or otherwise deduct any amount therefrom
* use, enforce, or seek to rely on any term in a consumer contract or consumer notice which has the object or effect of permitting the operator to confiscate all or part of the funds in a consumer-s Deposit Balance, or otherwise deduct any amount therefrom.
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1264 | Account inactivity | Dormant accounts | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/account-inactivity | Where an account has been inactive for at least 12 months, the funds cannot be considered to be ‘dormant-. As long as there is no prejudice to affected players rights over the funds, dormant accounts can be reclassfied for internal accounting purposes.
There should be no reduction in the protection of these funds as per our ‘customer funds protection rating system-. Only where an account becomes dormant as previously described can an operator make a reasonable periodic charge for maintaining the account.
### What the operator must do
Before charges are made the operator must do the following:
* the operator should have attempted to repay the deposit balance to the last payment method used
* any fee charged for maintenance of the account should be explained in the terms and conditions
* all reasonable steps should be taken to remind players a reasonable period beforehand (no less than 30 days) of the term and that the fee will be charged by a specific date.
An operator can choose to remove the funds from dormant accounts from view as long as they have contacted the player at least 30 days beforehand to advise them of the balance, and that they still have a right to access the funds and how to do this.
Operators should not have any terms and conditions which allow them to change the legal status of the money in the player-s deposit balance or alter the player-s legal entitlement or rights to claim their funds, even if an account becomes inactive.
Where an account with a credit deposit balance has been inactive for at least 12 months, operators must try to repay it to the last payment method used. Only after a period of 12 months where the player has not been able to verify their identity can an operator make a reasonable periodic charge for maintaining the account.
### What the operator must not do
Operators must not do the following:
* terms should not permit operators to remove funds from an account if it is not used for a period of time.
* disproportionate and unreasonable charges should not be made for maintaining a player-s account
* do not use, enforce, or seek to rely on any term in a consumer contract or consumer notice
* do not act (or refrain from acting) in a way which has the object or effect of, or could be understood by consumers as, altering the legal status of funds in a consumer-s Deposit Balance, or of altering the consumer-s legal entitlement or rights to claim such funds, on the grounds that the consumer-s account has been inactive.
## Example of what not to do
[Previous page
Maximum withdrawal limits](/licensees-and-businesses/guide/page/maximum-withdrawal-limits) [Next page
Identity verification](/licensees-and-businesses/guide/page/identity-verification)
---
Last updated: 25 November 2022
Show updates to this content Formatting changes.
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1265 | Account inactivity | Example of what not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/account-inactivity | * 'If you do not log into your account for a period of 90 consecutive days, we may decide to remove your winnings and void your account.'
* 'If you do not use your account for a period of 90 consecutive days, we will email you notification of our intention to confiscate your deposit balance within the next 14 days. If you do not contact us, your deposit balance will be forfeited and transferred to the company the day after the 14-day period ends'
* 'If you do not log into your account for 180 days, your funds will no longer be protected under our protection of player funds policy.'
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1266 | Identity verification | Do not: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/identity-verification | Confiscate all or part of the funds in a consumer-s Deposit Balance, or otherwise deduct any amount therefrom on the basis that the consumer has failed to comply with any identity and/or age verification requirements set by the operator (including, but not limited to, a request to provide specific documents or information).
Use, enforce or seek to rely on any term in a consumer contract or consumer notice which has the object or effect of permitting the operator to confiscate all or part of the funds in a consumer-s Deposit Balance, or otherwise deduct any amount therefrom, on the basis that the consumer has failed to comply with any identity and/or age verification requirements set by the operator (including, but not limited to, a request to provide specific documents or information).
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1267 | Identity verification | What you should do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/identity-verification | Operators should not remove funds in a deposit balance if a player is unable to verify their identity.Only after a period of 12 months where the player has not been able to verify their identity can an operator make a reasonable periodic charge for maintaining the account.
### However, before any such charges are made the operator needs to do the following:
The operator must have made several thorough attempts to confirm the player-s identity:
* the operator must have attempted to repay the deposit balance to the last payment method used
* any fee charged for maintenance of the account should be explained in the terms and conditions
* all reasonable steps should be taken to remind players a reasonable period beforehand (no less than 30 days) of the term and that the fee will be charged by a specific date.
### A summary of the key points relating to the withdrawal of player funds
The LCCP states that as a minimum, remote operators will have to verify the name, address and date of birth or a player before allowing them to gamble.
It also states that before they deposit money, players should be informed of the types of identity documentation that might be required, the circumstances in which it would be required and how it would have to be provided to the operator.
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1268 | Identity verification | What not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/identity-verification | Terms should not allow operators to remove funds from an account if a player is not able to verify their identity.
A request made by a player to withdraw funds from their account must not result in a requirement for additional information to be provided if the operator could reasonably have expected to have requested this earlier.
## Example of what not to do
[Previous page
Account inactivity](/licensees-and-businesses/guide/page/account-inactivity) [Next page
Terms that allow winnings on open bets to be reduced](/licensees-and-businesses/guide/page/terms-that-allowed-winnings-on-open-bets-to-be-reduced)
---
Last updated: 15 February 2022
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1269 | Identity verification | Example of what not to do | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/identity-verification | 'In order to make a withdrawal, you may be required to provide certain documents. If you do not provide this within fourteen days of our request, we may remove winnings and terminate accounts.'
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1270 | Terms that allow winnings on open bets to be reduced | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/terms-that-allowed-winnings-on-open-bets-to-be-reduced | Terms designed to permit you to reduce potential winnings on open bets must not be unfair within the meaning of the Consumer Rights Act 2015. The Act defines terms as unfair if they cause a significant imbalance in rights under a contract to the detriment of consumers. We would consider terms that obliged consumers to accept reduced benefits, in the form of lower pay-outs, to be such an imbalance.
This is not intended to capture current practices that may fairly amend potential returns on open bets – examples include terms capturing Rule 4 and situations where there is a clear and obvious error in the odds offered.
## Example of what not to do:
[Previous page
Identity verification](/licensees-and-businesses/guide/page/identity-verification) [Next page
Dispute resolution](/licensees-and-businesses/guide/page/dispute-resolution)
---
Last updated: 15 February 2022
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1271 | Terms that allow winnings on open bets to be reduced | Example of what not to do: | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/terms-that-allowed-winnings-on-open-bets-to-be-reduced | Have terms that permit reductions to pay-outs “in exceptional circumstances” or those that are linked to commercial success.
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1272 | Dispute resolution | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/dispute-resolution | The issues in this guidance have been the cause of disputes between consumers and licensees. If a consumer is not satisfied with your response to their complaint, they can refer it to an alternative dispute resolution (ADR) provider. We have become aware of obstructive behaviour when providers attempt to adjudicate on disputes of this nature. Examples include claims from licensees that:
* a recent assessment by Gambling Commission Compliance staff did not identify any concerns with licensees- terms, and therefore we have ‘approved- themthe licensee-s terms
* they were not a company that agreed undertakings with the CMA, and therefore their own terms must be satisfactory
* adjudicating disputes based on the fairness or transparency of terms is outside the remit of ADR providers.
**None of these are correct.**
Compliance assessments vary in scope and may focus on a specific aspect of your business where we have concerns. Commission staff do not ‘approve- terms and conditions as part of their work.
Our letter to the sector made clear that all gambling companies need to comply with the requirements set out in the published undertakings, not just those companies that agreed to them.
When asked, we expect ADR providers to look into contractual and transactional disputes between consumers and licensees. The terms and conditions are the terms of the contract between those two parties. ADR providers take account of our guidance when deciding if they can accept the dispute. Our guidance to them is clear: they must consider consumer protection legislation when looking at disputes. This includes, for example, considering whether a contract term is fair.
You should therefore follow our guidance when interacting with ADR providers, and supply any information requested within the specified timescales
[Previous page
Terms that allow winnings on open bets to be reduced](/licensees-and-businesses/guide/page/terms-that-allowed-winnings-on-open-bets-to-be-reduced) [Next page
Glossary of terms](/licensees-and-businesses/guide/page/glossary-of-terms)
---
Last updated: 15 February 2022
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1273 | Glossary of terms | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/glossary-of-terms | ### Bonus
Any funds or equivalent provided by the operator and added to a consumer-s account from which the consumer can place wagers, including deposit matching funds for wagering at the consumer-s discretion and free spins on specific games.
### Bonus balance
The total of funds in an account belonging to the consumer comprising of:
* any Bonus which is not immediately withdrawable by the consumer of redeemable as case
* all winnings made with the Bonus, which are subject to uncompleted Wagering Requirements
* in the case of a Mixed Wager, such share of any winnings from the Mixed Wager as is proportionate to the share of the stake which came from the Deposit Balance
* winnings from any Bonus which are either not subject to Wagering Requirements or for which Wagering Requirements have been satisfied.
### Deposit balance
The total funds in an account belonging to the player (other than the bonus balance/ restricted funds) and always includes:
* unspent funds paid in by a player
* where a player-s deposit is converted into a larger total balance containing a bonus (‘buy-in-), the portion equal to the value of the player-s buy in
* all winnings from wagers made with the deposit
* for mixed wagers, the share of any winnings from them proportionate to the share of the stake from the deposit balance
* winnings from any bonus no longer subject to wagering requirements.
### Dormant account
A player's account which has not been accessed for at least 12 months.
### Equivalent
The technological equivalent location and/or functionality (as the case may be) in relation to the provision of Online Gaming otherwise than through a website, for example, on non-browser based platforms and technologies such as mobile phone applications.
### Express and informed consent
A clear and voluntary indication of preference or choice.
### General Regulatory Obligations
These are any wider legal and regulatory obligations with which an operator is required to comply, including but not limited to anti-money laundering and fraud prevention obligations.
### Headline
This is the line appearing at the top of an advert which summarises the product. It is the information in an advert which players generally read first.
### Mixed Wager
A wager drawn from both the deposit balance and the bonus balance.
### Play Restrictions
Actions that are not permitted when playing a game on its own or in association with a promotion.
### Promotion
A special offer made available for consumers in relation to online gaming consisting of a bonus, which, if accepted by a consumer, is added to the consumer-s account, subject to terms and conditions set out in the promotion.
### Restricted funds/ Bonus balance:
The total of funds in an account belonging to the consumer comprising of:
* any bonus which is not immediately withdrawable by the consumer or redeemable as cash
* all winnings made with the bonus, which are subject to uncompleted wagering requirements
* in the case of a mixed wager, such share of any winnings from the mixed wager is proportionate to the share of the stake which came from the bonus balance, and which is subject to uncompleted wagering requirements.
### Significant terms and conditions
For the purposes of this topic, this definition relates to the key restrictions which apply to a promotion. For example, who is excluded from a promotional offer; time limitations; how to qualify; maximum stake size; wagering requirements etc. We would not expect operators to list all restricted games but would expect them to explain, for example, that some games do not qualify for a bonus or that contributions to wagering requirements varies between games, and clearly link to the details. What amounts to a significant condition may evolve over time, dependent on new games and business models.
### Sole discretion
The only person or organisation who has the freedom to decide what should be done in a particular situation.
### Stake Factoring
The percentage amount of the maximum bet size offered by the bookmaker that each customer is allowed to get on. For example, if the stake limit on a race at a particular point in time is £500, those with a stake factor of 0.01 would be allowed to get on 1% of the maximum bet allowed in that market - £5 in this case. Conversely a stake factor of 5.00 indicates a customer allowed up to 500% - £2500 in this case
### Wagering requirements
Any requirement that a consumer must make wagers totalling a particular value for funds to become withdrawable, whether the total requirement is expressed as a fixed amount or as a multiple of another amount, such as the size of a deposit made by, or bonus received by, the consumer. For the avoidance of doubt, this excludes a requirement that bonus funds must be wagered once, but only if the bonus terms allow the consumer immediately to withdraw any winnings from wagering that bonus.
[Previous page
Dispute resolution](/licensees-and-businesses/guide/page/dispute-resolution)
---
Last updated: 15 February 2022
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1274 | 7.1.1 - Fair and transparent terms and practices | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/7-1-1-fair-and-transparent-terms-and-practices | Applies to:
All operating licences except gaming machine technical and gambling software licences
1. Licensees must ensure that the terms on which gambling is offered, and any consumer notices relating to gambling activity, are not unfair within the meaning of the Consumer Rights Act 2015. Licensees must comply with those terms.
2. The contractual terms on which gambling is offered and any consumer notices relating to gambling activity must be transparent within the meaning of the Consumer Rights Act 2015. The contractual terms on which gambling is offered must be made available to customers in an easily accessible way.
3. Licensees must ensure that changes to customer contract terms comply with the fairness and transparency requirements under the Consumer Rights Act 2015. Customers must be notified of material changes to terms before they come into effect.
4. Licensees must ensure that they do not commit any unfair commercial practices within the meaning of the Consumer Protection from Unfair Trading Regulations 2008, at any stage of their interactions with consumers.
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1275 | 5.1.9 - Other marketing requirements | https://www.gamblingcommission.gov.uk/licensees-and-businesses/lccp/condition/5-1-9-other-marketing-requirements | Applies to:
All licences
**Social responsibility code** Compliance with these is a condition of licences; therefore any breach of them by an operator may lead the Commission to review the operator-s licence with a view to suspension, revocation or the imposition of a financial penalty and would also expose the operator to the risk of prosecution.
1. Licensees must ensure that their marketing communications, advertisement, and invitations to purchase (within the meaning of the Consumer Protection from Unfair Trading Regulations 2008) do not amount to or involve misleading actions or misleading omissions within the meaning of those Regulations.
2. Licensees must ensure that all significant conditions which apply to marketing incentives are provided transparently and prominently to consumers. Licensees must present the significant conditions at the point of sale for any promotion, and on any advertising in any medium for that marketing incentive except where, in relation to the latter, limitations of space make this impossible. In such a case, information about the significant conditions must be included to the extent that it is possible to do so, the advertising must clearly indicate that significant conditions apply and where the advertisement is online, the significant conditions must be displayed in full no further than one click away.
3. The terms and conditions of each marketing incentive must be made available for the full duration of the promotion.
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1276 | Joint CMA and Gambling Commission letter to the gambling sector | https://www.gamblingcommission.gov.uk/licensees-and-businesses/page/joint-cma-and-gambling-commission-letter-to-the-gambling-sector | Dear Sir / Madam,
Joint Competition and Markets Authority / Gambling Commission letter to the gambling sector.
The Competition and Markets Authority (CMA) and Gambling Commission (the Commission) have now concluded their joint programme of work concerning suspected breaches of consumer protection law in the remote gambling sector.
This work focused in particular on the fairness, transparency and potential for consumers to be misled by a number of terms and practices relating to online bonus promotions, and on obstacles preventing withdrawal of customer funds.
The CMA-s work with the Commission has resulted in significant changes by the sector. Six gambling firms provided undertakings to the CMA: Ladbrokes, William Hill, PT Entertainment, BGO, Jumpman Gaming and Progress Play. Each of these firms committed not to continue or repeat certain practices which the CMA considered were unfair. But the impact of this work has been felt across the entire sector.
Our joint work provided a sharp focus on aspects of online gambling and exposed significant shortcomings within the sector that had undermined consumer trust and confidence. The Commission mandated that all gambling firms would need to comply with the requirements set out in the [published undertakings (opens in a new tab)](https://www.gov.uk/cma-cases/online-gambling) , not just those firms that agreed to them.
The findings from this work, and our expectations of you, have been well publicised, and all gambling firms should, by now, have amended their terms and practices to meet the requirements set out in the undertakings.
However, for you to comply fully with your consumer law and licensing responsibilities, you must go further than simply complying with the published undertakings. You need to audit all your terms and conditions, examine your business systems and practices, embed compliance and, importantly, continually review these to ensure that you maintain high standards of consumer protection in the future.
To be compliant also requires critical scrutiny of the practices of those that you deal with, including affiliates and third-party suppliers of systems, software and call centres, as you are responsible for their actions in accordance with the Commission-s [Licence conditions and codes of practice (LCCP)](/licensees-and-businesses/lccp/online) .
The updated provisions in LCCP, which came into force on 31 October 2018, mean that the Commission can take swift and firm action if you do not comply with consumer law and ensure that your customers are treated fairly at all stages of the customer journey.
We have seen indications of the wider sector working to make changes to the way in which promotions are constructed and promoted to consumers. Recent figures from the Independent Betting Adjudication Service highlighted a significant reduction in the number of disputes raised by consumers over bonuses and other promotions.
Making changes to promotions and withdrawal practices is an important start, but it is only one aspect of achieving compliance. More needs to be done by the sector to win back consumer trust. The best operators going forward will be those who lead by example, build on the work undertaken by the CMA and treat their customers fairly and responsibly. The Commission will continue to look at how firms treat consumers and the terms and practices that they employ when assessing suitability to hold a gambling licence. As well as undertaking compliance activity, the Commission continues to work to make gambling fairer. For example, the Commission has introduced new rules around ID verification that will allow consumers to collect their winnings without unnecessary delay.
Although the CMA does not intend to take any further action in connection with its investigation, it is not the end of its relationship with the Commission or its interest in the sector. The CMA will continue to work with and support the Commission as it progresses its compliance work, and as it continues to tackle unfair terms and practices to ensure the fair treatment of consumers. It is important that you learn from the work that we have undertaken and ensure that compliance with consumer law is at the heart of your business model. This is essential for the sector to rebuild and maintain consumer trust.
Yours faithfully, George Lusty Senior Director Competition and Markets Authority
Yours faithfully, Paul Hope Executive Director Gambling Commission
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1277 | Joint CMA and Gambling Commission letter to the gambling sector | Files | https://www.gamblingcommission.gov.uk/licensees-and-businesses/page/joint-cma-and-gambling-commission-letter-to-the-gambling-sector | Some files may not be accessible for users of assistive technology. If you require a copy of the file in an accessible format [contact us](/forms/formatrequest) with details of what you require. It would help us to know what technology you use and the required format.
**PDF Files** Some PDF files cannot be displayed in a browser, you will see a message saying 'Please wait...'. If you see this message, you will need to download the file and open it in [Adobe Acrobat Reader (opens in a new tab)](https://get.adobe.com/reader/) .
[Joint-CMA-GC-letter-to-gambling-sector-FINAL-April19
application/pdf PDF 147.2 kB](//assets.ctfassets.net/j16ev64qyf6l/1dHlXxSAXXgxDquCui0s4z/3b8341a359bb212c67b035b94ec5862c/Joint-CMA-GC-letter-to-gambling-sector-FINAL-April19.pdf)
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Last updated: 6 September 2021
Show updates to this content No changes to show.
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1278 | ADR group | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/adr-group | ADR Group is one of the largest dispute resolution service providers in the UK.
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1279 | ADR group | Contact ADR group | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/adr-group | Visit the [ADR group's website (opens in new tab)](http://www.adrgroup.co.uk/) .
Contact by post:
ADR Group
London Hill
Rayleigh
Essex
SS6 7HW Telephone: **020 3600 5050**
Find [call charges on GOV.UK (opens in new tab)](https://www.gov.uk/call-charges) .
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1280 | ADR group | Fees charged by the ADR entity | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/adr-group | No fees are charged to consumers.
Traders are charged annual fees, dependant on the scale of ADR services or on a case-by-case basis.
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1281 | ADR group | Languages | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/adr-group | The languages which can be used to submit a complaint are:
* English
* French
* German
* Greek
* Gujarati
* Hindi.
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1282 | ADR group | Sectors and categories | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/adr-group | The sectors and categories of domestic and cross-border disputes which may be considered by the ADR entity are:
* Adult Gaming Centre
* Family Entertainment Centre
* Lotteries.
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1283 | ADR group | How the procedure can be carried out | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/adr-group | The procedure can be conducted as both a verbal or written procedure.
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1284 | ADR group | Outcome of the ADR procedure | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/adr-group | The outcome is binding and non-binding.
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1285 | ADR group | Grounds for refusal | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/adr-group | The ADR entity may refuse to deal with a dispute in the following circumstances:
* the consumer has not attempted to contact the gambling operator and resolve the matter directly with them, prior to submitting their complaint to the ADR entity
* the dispute is frivolous or vexatious
* the dispute is being, or has previously been considered, by another ADR entity.
* the value of the claim falls below or above the monetary threshold set by the ADR entity
* the consumer has not submitted the complaint to the ADR entity within the time period specified by it, provided that such time period is not less than 12 months from the date upon which the gambling operator has given notice to the consumer that is unable to resolve the complaint with the consumer
* dealing with such a type of dispute would seriously impair the effective operation of the ADR entity.
[Previous page
Approved Alternative Dispute Resolution (ADR) providers](/licensees-and-businesses/guide/approved-alternative-dispute-resolution-adr-providers) [Next page
Pegasus ADR Service](/licensees-and-businesses/guide/page/pegasus-adr-service)
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Last updated: 11 November 2022
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1286 | Pegasus ADR Service | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/pegasus-adr-service | Pegasus ADR Service is an impartial entity for arbitrating on disputes relating to the outcome of gambling transactions.
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1287 | Pegasus ADR Service | Contact Pegasus ADR Service | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/pegasus-adr-service | Visit [Pegasus ADR Service's website (opens in new tab)](http://pegasusadrservice.org.uk) .
Contact by post:
Pegasus ADR Service
29-30 Ely Place
London
EC1N 6TD
Telephone: 01903 873785
Find [call charges on GOV.UK (opens in new tab)](https://www.gov.uk/call-charges) .
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1288 | Pegasus ADR Service | Fees charged by the ADR entity | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/pegasus-adr-service | The service is free of charge to consumers.
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1289 | Pegasus ADR Service | Languages | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/pegasus-adr-service | Complaints can be submitted in English.
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1290 | Pegasus ADR Service | Sectors and categories | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/pegasus-adr-service | The sectors and categories of domestic and cross-border disputes which may be considered by the ADR entity are:
* Adult Gaming Centre
* Non-remote Bingo
* Family Entertainment Centre
* Public Houses and Members Clubs.
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1291 | Pegasus ADR Service | How the procedure can be carried out | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/pegasus-adr-service | The procedure can be conducted as both a verbal or written procedure.
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1292 | Pegasus ADR Service | Outcome of the ADR procedure | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/pegasus-adr-service | The outcome is non-binding.
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1293 | Pegasus ADR Service | Grounds for refusal | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/pegasus-adr-service | The ADR entity may refuse to deal with a dispute in the following circumstances:
* the consumer has not attempted to contact the gambling operator and resolve the matter directly with them, prior to submitting their complaint to the ADR entity
* the dispute is frivolous or vexatious
* the dispute is being, or has previously been considered by, another ADR entity
* the value of the claim falls below or above the monetary threshold set by the ADR entity
* the consumer has not submitted the complaint to the ADR entity within the time period specified by it, provided that such time period is not less than 12 months from the date upon which the gambling operator has given notice to the consumer that is unable to resolve the complaint with the consumer
* dealing with such a type of dispute would seriously impair the effective operation of the ADR entity.
[Previous page
ADR group](/licensees-and-businesses/guide/page/adr-group) [Next page
Centre for Effective Dispute Resolution (CEDR)](/licensees-and-businesses/guide/page/centre-for-effective-dispute-resolution-cedr)
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Last updated: 11 November 2022
Show updates to this content BACTA ADR Service name has changed to Pegasus ADR Service. No other changes have been made to this content.
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1294 | Centre for Effective Dispute Resolution (CEDR) | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/centre-for-effective-dispute-resolution-cedr | The Centre for Effective Dispute Resolution (CEDR) specialises in mediation and alternative dispute resolution (ADR). It is an independent non-profit organisation and a registered charity.
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1295 | Centre for Effective Dispute Resolution (CEDR) | Contact CEDR | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/centre-for-effective-dispute-resolution-cedr | Visit [CEDR's website (opens in new tab)](https://www.cedr.com/) .
Contact by post:
Centre for Effective Dispute Resolution (CEDR)
International Dispute Resolution Centre
70 Fleet Street
London
EC4Y 1EU
Telephone: **020 7520 3817**
Find [call charges on GOV.UK (opens in new tab)](https://www.gov.uk/call-charges) .
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1296 | Centre for Effective Dispute Resolution (CEDR) | Fees charged by the ADR entity | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/centre-for-effective-dispute-resolution-cedr | Scheme funding is provided by subscribing companies. Fees are to be confirmed.
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1297 | Centre for Effective Dispute Resolution (CEDR) | Languages | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/centre-for-effective-dispute-resolution-cedr | Complaints can be submitted in English and Welsh.
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1298 | Centre for Effective Dispute Resolution (CEDR) | Sectors and categories | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/centre-for-effective-dispute-resolution-cedr | The sectors and categories of domestic and cross-border disputes which may be considered by the ADR entity are:
* Adult Gaming Centre
* Family Entertainment Centre
* Lotteries
* Remote (all sectors).
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1299 | Centre for Effective Dispute Resolution (CEDR) | How the procedure can be carried out | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/centre-for-effective-dispute-resolution-cedr | The procedure can be conducted as both a verbal or written procedure.
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1300 | Centre for Effective Dispute Resolution (CEDR) | Outcome of the ADR procedure | https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/centre-for-effective-dispute-resolution-cedr | The outcome is non-binding.
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