Compliance Updates
CALLS FOR ENTERTAINMENT INDUSTRY TO REVIEW ACT
The NSW Government is calling for the entertainment industry to review the Entertainment Industry Act 2013 and ensure it is still fit for purpose and achieving its intended objectives.
NSW Fair Trading Commissioner Natasha Mann said the NSW Government wanted to ensure the regulatory framework for the entertainment industry was up to date and still relevant for the sector.
âWeâre seeking feedback from all parties – this includes performers, lawyers, managers, venue operators and any other industry representatives who would like to have their say,â Ms Mann said.
âThe past couple of years have been difficult, with the COVID pandemic having a major impact on the Stateâs nightlife, with performers and venues forced to cancel entertainment.â
Industry stakeholders and members of the public are encouraged to provide feedback which will improve regulation and decide if any changes can be made to ensure legislation achieves objectives and operates effectively.
âWe have witnessed pivotal changes to the entertainment industry, not only prompted by the pandemic but the introduction of new technologies continues to shape how entertainment is consumed and delivered,â Ms Mann said.
âA review of the Act is essential to continue to protect and support the industry and to ensure itâs up to date, relevant and reflects the changes to the entertainment sector.â
NSW Fair Trading administers the Act, which establishes a code of conduct for the entertainment sector and provides dispute resolution for issues arising between performers and industry representatives.
To have your say on the Entertainment Industry Act, visit: www.haveyoursay.nsw.gov.au/entertainment-industry-act
The consultation is open until 5pm Thursday, 29 September 2022.
Compliance Updates
Reputation matters â the importance of supplier licensing
More and more jurisdictions are introducing licensing for B2B providers in an attempt to boost regulatory oversight and restrict black market activity with Sweden and Denmark recent examples. In this piece, we talk to Greg Ponesse, Chief Revenue Officer at Compliable, about how the increased compliance burden can favour suppliersâ standing in the iGaming ecosystem.
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Have you seen a shift in attitudes from suppliers to only provide products in regulated markets?
We have seen that suppliers that have traditionally taken a .com approach are starting to move towards being licensed to secure additional revenue and more customers but also to improve their overall reputation and standing. The perception of brand integrity plays a big part of the decision-making process because some operator partners might be reluctant to work with suppliers if they have a mainly grey-market approach.
In the US, supplier licensing has always been the norm, so where we are seeing attitudes changing is primarily with European suppliers. Although most suppliers might have a few licenses that they need to manage in key markets, they are now better understanding the importance of being seen as fully compliant across the board as regulation changes and operators are looking for trusted partners.
Some of these brands are massive enterprises who are now trying to get a handle on how to manage all their licenses across multiple regions, and we have seen an increased interest in our software to support that.
What has been the driving force for this – regulator pressure or business strategy?
Itâs a little bit of both. Regulator pressure is definitely a big one as gambling becomes more ubiquitous and mainstream. Itâs the responsibility of the government to provide structure and regulation to ensure safety for consumers and many are starting to realize that suppliers play an equally important role in that as operators. We have recently seen examples of locally licensed suppliers being fined by regulators for offering their products to unlicensed operators, so providers need to be on the ball to ensure their reputation stays intact.
That said, the grey market suppliers up to this point have stayed in grey markets because thatâs what was available to them. Now youâre seeing new markets opening up like North America, which has been huge, where all states require suppliers to be licensed. These grey market players that have previously focused on Europe now see that thereâs revenue over there to be gained, so they need to pull up their socks and play the game.
As a business strategy, suppliers can only remain in black markets for so long, avoiding paying taxes and declaring revenue. In a competitive marketplace, suppliers can definitely benefit from being more established and having numerous licenses. Operators might be wary to work with companies that donât take compliance seriously so being able to show that you have X number of licenses and that you have infrastructure in place shows that youâre serious, and that you know what you’re doing. It kind of sets the table for you to have a soft landing and to be able to begin those discussions with potential partners.
A sole focus on regulated markets would suggest a negative impact on profits so what benefits do suppliers see from being licensed?
If the train is only going in one direction, you eventually have to hop on it. Moving away from grey markets will inevitably have a negative impact on profits but you then have to look at where you can find additional revenue. If you are a licensed supplier, it does allow you to work with the big local operators. You have to decide on whether you can make more money as a grey-market supplier or by going into markets being licensed and making the most of what that offers.
Do you expect more jurisdictions will introduce B2B licensing going forward?
Yes, for sure. Gambling is ubiquitous now and governments recognise that itâs a great revenue generator for them and it also helps with ensuring responsible gambling. With licensing, you provide a framework, infrastructure, and environment that is safe, and it ensures that everyone is on a level playing field. That needs to include all different sides of the industry such as operators, suppliers, affiliates etc. If everyone in the ecosystem follows the rules, it will be a better place for all.
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What are the big challenges that suppliers face when it comes to licensing in 2024 and beyond?
Your licensing strategy, so basically, where you are going to go get licensed. This process takes time and resources, and you want to make sure you are prepared before you start talking with operators. They will want to know, just like as with any other vendor, if you are licensed as a supplier.
If we use the US as an example, there is no shortage of suppliers that want to partner with the available operators, so you need to know who you want to work with and where, and then you have to make sure you sort those applications properly. That is all about getting the right advice or using software because if you fail the process, you will end up at the back of the queue and your go-to market strategy will be delayed.
What, if any, are the key differences between licensing in the US and regulated markets in Europe and other regions around the world?
For starters, every state in the US acts as if it is its own country and the licensing process is very complex and rigorous. In Europe, it was initially somewhat more relaxed. You got your Malta licence, and that was then good for all countries in Europe. Weâre now seeing a bit of backtracking, with more and more countries getting tougher on rules and regulation.
Increased supervision, with regulators having more oversight, means there is no hiding and I think that is what weâre moving towards on a global scale.
I do believe that most suppliers and operators prefer a regulated market because it separates proper companies from the bad ones. If I was a large operator or supplier that invested time and money into licensing and establishing a compliance team, I would feel good about that because there are so many companies that canât do it. Thereâs this element of pay to play, so to speak, in order to really maximize your profits in a region.
Compliance Updates
Brazilâs Ministry of Finance Appoints RĂ©gis Dudena as Secretary of Prizes and Betting
Regis Dudena, a seasoned lawyer with expertise in Public and Regulatory Law, has been appointed as the new Secretary of Prizes and Betting at the Ministry of Finance in Brazil. Dudenaâs appointment ordinance is signed by Rui Costa, Minister of the Civil House.
The new secretary had already been visiting the Ministry of Finance and getting closer to the entire group at the Secretariat of Prizes and Betting, until then led by Simone Vicentini, deputy secretary.
The appointment of the lawyer is attributed to the Executive Secretary of Finance, Dario Durigan. Dario and Dudena worked together at PalĂĄcio do Planalto during Dilma Rousseffâs government.
Both worked in the Legal Affairs secretariat of the Civil House. Dudena’s name is linked to other names on the left. He has good relations with Edinho Silva (PT), mayor of Araraquara (SP).
The SPA started operating two months ago. Since then, it had been without a permanent boss. Lawyer José Francisco Manssur, special advisor to the Ministry of Finance who coordinated the regulation of sports betting from the beginning, was the most likely to take on the position. But he was exonerated under pressure from Centrão politicians.
Bets representatives welcomed the name RĂ©gis Dudena.
From the beginning, the SPA was under the responsibility of Simone Vicentini, appointed as deputy secretary. Since then, it has edited the ordinances that defined requirements for laboratory accreditation and the sectorâs regulatory policy.
Under her supervision, three laboratories have already been approved, GLI, eCogra, and BMM. Last week, the ordinance establishing the rules for payment transactions to be complied with by sports betting and online gaming operators was also published.
Compliance Updates
Arkansas Casino Seeks iGaming Approval
An Arkansas casino is seeking approval to operate an iGaming app, allowing people within the state to go online to play casino games such as slots, blackjack, craps and more.
On March 13, Carlton Saffa, Chief Market Officer for the Saracen Casino Resort in Pine Bluff, wrote to Arkansas Racing Commission Chairman Alex Lieblong asking for a change in the rules to allow Internet casino gambling, which is often referred to as iGaming or iCasino platforms.
On Monday, Saffa told Gambling.com he hopes to appear before the Arkansas Racing Commission on May 6 seeking approval to offer iGaming. The Arkansas Racing Commission regulates all gambling matters in the state including horse racing and casino games.
iGaming Doesn’t Hurt Bricks-And-Mortar Casinos: Saffa
Nationwide, only a half dozen states from Michigan to Connecticut offer Internet casino gambling. Arkansas would be the first in its region with iGaming, permitting users who want to log onto a computer or download an app to play traditional casino games for money. Other states in the region already offer sports betting.
In his March 13 letter to state regulators, Saffa said estimates indicate Internet casino gambling from the Saracen Casino Resort alone would generate an additional $12 million in taxes annually for the state. Internet casino gambling, or iGaming, generally raises more tax revenue than sports betting in states that have both.
However, in some states without iGaming, casino operators have fought legalization, contending customers wonât visit a bricks-and-mortar casinos and spend money at restaurants and on other amenities including entertainment and lodging if they can log onto cellphones or computers and gamble from anywhere. In his letter to state regulators, Saffa pointed to research showing iGaming doesnât cannibalize bricks-and-mortar casinos but instead gives them âa liftâ.
State Rule Change Required
Arkansas already allows online poker, though that has not been made available to consumers, Saffa said. He said the ability to allow iGaming would require the Arkansas Racing Commission to amend a rule to include Internet casino games in addition to the currently legal online card games such as poker.
âA solution exists by amending ARC Rule 5, which already authorizes online poker, to include other types of table games and slots,â Saffa told Gambling.com on Monday. âDoing so would provide significant tax revenues to government and, just as important, ensure that operators be held accountable by the government. Given that we have seen online operators in the fantasy sports space ignore cease and desist demands from the state, merely attempting to police the matter is not a workable solution.â
Saffa recently made a similar argument on the topic of unregulated gambling, telling Gambling.com on The Edge he opposes a ban on college player props bets, saying, âSunlight is the best disinfectant.â
âPeople in Arkansas are already gambling in online casinos and those companies are not regulated or taxed by the Arkansas Racing Commission,â Saffa said Monday. âThose companies are not held to the standards the people of Arkansas set forth for operators to include that a customer must be 21.â
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