Memorandum of Understanding
on bilateral co-operation between
Kansspelautoriteit (The Netherlands Gaming Authority)
and
The Alderney Gambling Control Commission
1. Purpose and scope
The only signatories to this Memorandum of Understanding are Kansspelautoriteit and the Alderney Gambling Control Commission. Therefore, any reference to "the Signatories" relates to Kansspelautoriteit and the Alderney Gambling Control Commission.
The Signatories recognise that gaming and gambling is an international industry. Therefore the Signatories underline the importance of regulator to regulator co-operation, especially with regard to online gambling that inherently crosses state borders.
The purpose of this Memorandum of Understanding is to provide a basis upon which the Signatories reciprocally decide, upon request, to co-operate in order to minimize complications with regard to licensing, compliance and enforcement, especially in the field of online gambling, and in order to track and trace unlawful gam(bl)ing.
This co-operation focuses specifically on:
- achieving a high level of protection of consumers (players, minors and other groups of vulnerable people)
- ensuring the preservation of public order (prevention of fraud, money laundering, match fixing and other crimes as wel! as keeping the industry free from crimina! influence) and
- achieving a common understanding of the applicable laws, regulations and requirements, specifically with regard to online gambling.
The scope of this Memorandum of Understanding will therefore cover the exchange of information and other activities with regard to:
- protection of consumers
- supervision and control of the gam(bl)ing provider
- licensing, compliance and enforcement
- regulatory requirements
2. Protection of consumers
The Signatories approve to:
- ensure a high level of consumer protection, inctuding measures against unlawful gam(bl)ing, misleading advertisement and marketing, and problem gam(bl)ing. In this respect they will develop and establish protocols to facilitate mutual assistance, cross-checks and regular exchange of information and data concerning, for example the unlawful operations of licensees, exclusion or self exclusion registers, and responsible gam(bl)ing policies and programmes.
3. Supervision and control of the gam(bl)ing provider
The Signatories approve to:
- require gam(bl)ing providers holding licenses in both jurisdictions to provide the Signatories with free and open access to premises, servers, data (including relevant customer data and behaviour) and documentation during on-site inspections and/or investigations
- share relevant operational information originating from regular reports or inspections of licensees holding licenses in both jurisdictions
- share information pertaining to investigations, disciplinary sanctions (administrative fines, warnings and other measures) and legal actions taken against licensees who hold licenses in both jurisdictions
4. Licensing, compliance and enforcement
The Signatories approve to:
- share any due diligence information they might hold on applicants for licenses in their respective jurisdictions
- share the extent to which an applicant for a licence in one jurisdiction who already holds a license in the other is compliant with all the regulatory requirements of the jurisdiction in which the license is held
- co-operate in the enforcement of their gam(bl)ing laws with a view to preventing unlawful gam(bl)ing or practises from taking place in either jurisdiction
- co-operate in order to enforce administrative fines, warnings and other measures
5. Regulatory requirements
The Signatories approve to:
-
co-operate to establish a common understanding of the regulatory requirements, standards and processes enforced in their jurisdictions, especially with regard to online gambling, in order to prevent fraud, money laundering, match fixing and other crimes
-
establish a common understanding of the requirements, standards and processes enforced in their jurisdictions for the certification of gam(bl)ing equipment purposes
6. Miscellaneous matters
- this Memorandum of Understanding does not create any rights or obligations under international law
- all activities arising from this Memorandum of Understanding are to be undertaken collaboratively and only if permitted or not prevented under applicable laws and protocols of the respective jurisdictions or relevant Community (i.e. European) legislation, protocols or case-law
- both Signatories will ensure that, to their best of knowledge, shared information is as accurate, up to date and adequate as possible for the purpose disclosed
- both Signatories agree that shared information will only be used for the purpose disclosed and should only be retained for the legally obliged period
- when members of the public have cause for complaint against activities generated by the operation of this Memorandum of Understanding, any complaint received by either of the Signatories should be forwarded to the ether for consideration
- this Memorandum of Understanding will come into effect upon signature and will continue in operation until terminated by either Signatory (on one month's written notice to the other Signatory)
- the Signatories will keep the operation of this Memorandum of Understanding under review and within 18 months from the conclusion of the Memorandum of Understanding will propose necessary amendments with a view to improving its operation and resolving any matters.
7. Signature
The foregoing record represents the understandings reached between Kansspelautoriteit and the Alderney Gambling Control Commission on matters referred to therein.
Signed in duplicate - only in the English language - in Guernsey on the 20th day of January 2015.
Maria D. APPELMAN André WILSENACH
Chief Executive of Executive Director of the Alderney Kansspelautoriteit Gambling Control Commission
(The Netherlands Gaming Authority)