ROMANIA Law and Practice Contributed by: Cosmina Maria Simion, Alina Tace and Petruș Partene, WH Simion & Partners
6. Online Gambling 6.1 B2C Licences
by the regulator in relation to unlicensed websites. Specific reference is made to ISPs, which are required to ban access to the blacklisted websites (as well as to those websites promoting unlicensed gambling) under the threat of a fine ranging from RON50,000 to RON100,000. In addition, as a rule, B2B-licensed operators are prohibited from providing services to unlicensed B2C operators that target the Romanian market, whether by offering content in Romanian, accepting deposits in Romanian leu or other currencies (including cryp- to), or allowing access from Romania or by Roma- nian citizens without foreign tax residency. They are also forbidden from working with entities or domains on the ONJN blacklist or with operators that allow access from Romanian IP addresses without holding a Class I license and ONJN authorisation. In addition, B2B operators holding a Class II license for software, platform, or payment services must implement tech- nical measures to detect the true location of players, prepare reports identifying access by Romanian play- ers or those using Romanian IP addresses, and pro- vide these reports upon ONJN request. If unlicensed Class I operators are found to allow Romanian players access, such B2B entities must restrict access, notify the operator to remedy the issue, and submit to the ONJN a monthly report (by the 10th day of the follow- ing month) detailing the number of blocked players and the domains, platforms, or apps through which access was attempted. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements The gambling regulatory framework is focused on protecting minors and preventing their access to gambling, as well as ensuring the integrity and trans- parency of gambling activities and maintaining a fair game system that is constantly supervised. All entities that are involved in the gambling industry and hold a licence granted by the Romanian regu- lator (both land-based and online operators, as well as licensed B2B providers) are required, pursuant to GEO 77/2009, to pay an annual responsible gambling
An online B2C licence allows an operator to offer the products/activities covered by the respective licence on a Romanian platform. The Romanian platform cov- ers all players with Romanian IP addresses as well as all Romanian citizens who do not have a fiscal resi- dence in a foreign jurisdiction. 6.2 B2B Licences (Suppliers, Software, Etc) A B2B licence allows a licensed supplier to perform the activities covered by the respective licence in Romania. As a particularity of Romanian legislation, B2B licences are not granted for specific products (such as a specific set of games or gambling plat- forms) but refer to generic B2B activities (eg, “produc- tion and distribution of gambling software” or “provi- sion of hosting facilities”). 6.3 Affiliates Affiliates wishing to operate in the Romanian market are required to obtain a specific Class 2 licence from the ONJN. The regulation defines an affiliate as any natural or legal person who obtains revenues on the basis of a contract concluded with a B2C online oper- ator as a result of participation in gambling by players redirected by the affiliate onto the website/platform of the B2C operator. Besides the general obligation to pay the annual licence fee and responsible gambling contribution, licensed affiliates also have an express legal obliga- tion to send all affiliation contracts concluded with B2C operators to the ONJN. 6.4 White Labels Romanian gambling legislation does not specifically regulate the possibility of using white-label providers. 6.5 Technical Measures The primary tool to prevent unlicensed gambling activi- ties is the “blacklist” of unlicensed gambling websites, which is managed by the ONJN and currently com- prises more than 1,600 internet domain names. The legislation sets forth that ISPs and all service suppliers for the gambling industry, including payment proces- sors, are bound to comply with the decisions taken
415 CHAMBERS.COM
Powered by FlippingBook