The French gambling authority, ANJ, updates the measures that operators must implement to ensure gaming safety.
Last March 28, a special commission approved action plans to combat fraud, money laundering and terrorist financing by operators authorized on the basis of exclusive online rights, in addition to action plans to 2024 to prevent excessive or pathological gambling and access to gambling by minors in casinos and betting shops.
The revision of the action plan was initiated after the complaint submitted by some users to Mediateur des Jeux en Online regarding the validity, context and content of certain clauses.
The Mediateur is a figure established in 2029 with the aim of mediating between French online gambling consumers and authorized operators.
The ANJ suggests achieving a “satisfactory level” of legal compliance with gambling operators' general clauses – without the need to standardize a “contractual obligation” on licensees.
The review focused on identifying and removing illegal, ambiguous or potentially problematic content from the clauses.
This global review and the exchanges that took place on that occasion between the ANJ services and the operators made it possible to cancel various clauses, some of which were illegal. The clauses included are:
- the clauses which totally or partially exclude the responsibility of the operators, thereby limiting players' right to compensation in the event of infringement by the gaming operator;
- the clauses which hinder the exercise of consumer legal proceedings, such as those that require the player, in the event of a dispute, to bring proceedings before a court other than the place of his domicile. Regardless of where the operator's registered office is located, the player must be able to contact the court of his domicile;
- clauses which limit the means of proof available to consumers;
- the clauses which shorten the duration of the period of prescription during which the player can assert his rights against the operator and which, in principle, is five years;
- clauses that allow the operator to limit players' stakes without having to justify a legitimate reason. In this regard, the ANJ reminded operators that a restriction of betting without legitimate reasons may constitute a refusal to provide services prohibited by the Consumer Code, or even, depending on the circumstances, a misleading commercial practice. In this regard, the legitimate reason, which must always be demonstrated by the operator, can in particular be based on: Prevention of excessive or pathological gambling and protection of minors; – the fight against fraud, money laundering and terrorist financing; – or the operator's financial exposure.
- Clauses that can lead to, in case of a tie or ex-aequo rankings, to refund the player less than his initial stake (paying the bet at a rate less than 1).
Several French operators, recipients of the 'Decision' have been warned to remove or review contents or clauses that unjustifiably limit the liability of operators and limit a customer's right to compensation.
General clauses may not impede a customer's 'exercise of legal action', such as those requiring the player, in the event of a dispute, to refer the matter to a court other than that of his place of domicile.
The authority also approved the Action Plan of 19 operators against money laundering.
