Gaming Law 2019

Last Updated November 25, 2019

Alderney

Law and Practice

Author



Harris Hagan is currently the only specialist gambling law firm in the City of London. The firm has an international reputation as trusted advisers to many of the world’s largest gambling and leisure operators in all areas of land-based and online gambling, liquor and entertainment. The firm’s outstanding reputation has been founded on unparalleled legal experience, knowledge and an in-depth commercial understanding of the industry. Harris Hagan has also advised overseas regulatory authorities and governments on the regulation of gambling and assisted with draft legislation. The firm is noted for its pre-eminence in advising on highly complex regulatory issues and for advising on a wide range of commercial contracts.

No sector developments are forecasted.

Higher Fees

The Alderney eGambling (Amendment) Ordinance 2018, and the Alderney eGambling (Amendment) Regulations 2018, which came into effect on 10 January 2018, introduced higher certificate fees.

Data Protection Law

The Data Protection (Bailiwick of Guernsey) Law 2017, came into effect on 25 May 2018, replacing the Data Protection (Bailiwick of Guernsey) Law 2001, and bringing Alderney’s data protection standards into line with Europe. The legislation imposes further duties on data controllers and processors and confers additional rights on data subjects.

The following sectors are permitted:

  • betting; “Pool betting” refers to bets made by any of the following methods:
    1. on terms that any winnings must be a share of or be determined by reference to the stake money paid or agreed to be paid by the participants (including but not limited to totalisator bets, filling up and returning coupons, other printed or written forms).
    2. on terms that any winnings must be or must include an amount (not determined by reference to the stake money paid or agreed to be paid by the participants) that is divisible in any proportions among the winners; and
    3. on the basis that the winners or their winnings must be at the discretion of the promoter or some other person. "Winnings" includes winnings of any kind;
  • bingo constitutes “gaming”. See “Casino” below;
  • casino referred to as “gaming” and defined as playing a game of chance for winnings in money or money's worth, whether any person playing the game is at risk of losing any money or money's worth or not. Pool betting is excluded from the definition of gaming;
  • gaming means the playing of a game of chance for winnings in money or money's worth, whether any person playing the game is at risk of losing any money or money's worth or not, but does not include the making of bets by way of pool betting;
  • gambling includes all forms of betting, gaming and wagering and any lottery; and
  • poker constitutes “gaming”. See “Casino” above.

In addition, the AGCC’s Technical Standards and Guidelines for Internal Control Systems and Internet Gambling Systems indicates that the below specific games are acceptable:

  • re-spins/held reels;
  • held reel games;
  • keno and bingo;
  • card games;
  • roulette;
  • dice games;
  • simulated wagering;
  • scratch ticket;
  • video poker; and
  • blackjack.

Except for sportsbook, all land-based gambling is prohibited (Alderney’s sole land-based bookmaker retired in January 2014). See 3.1 Key Legislation.

The regulation of gambling is authorised by the Gambling (Alderney) Law 1999 (Gambling Law 1999). The following ordinances establish the lawfulness of online gambling:

  • Gambling (Interactive Gaming) (Alderney) Ordinance 2001, which implemented and permitted applications to the AGCC for remote licences; and
  • Alderney eGambling Ordinance 2006 (superseded by the Alderney eGambling Ordinance 2009).

In addition, the key pieces of Alderney eGambling legislation are the:

  • Gambling Law 1999;
  • Alderney eGambling (Operations in Guernsey) Ordinance 2006;
  • Alderney eGambling Ordinance 2009 (eGambling Ordinance 2009);
  • Alderney eGambling Regulations 2009 (eGambling Regulations 2009);
  • Alderney eGambling (Operations in Guernsey) (Amendment) Ordinance 2010;
  • Alderney eGambling (Amendment) Ordinance 2015 (eGambling Ordinance 2015); and
  • Alderney eGambling (Amendment) Regulations 2015 (eGambling Regulations 2015).

Further amendment eGambling legislation was introduced in 2018:

  • Alderney eGambling (Amendment) Ordinance, 2018;
  • Alderney eGambling (Amendment) (No 2) Ordinance, 2018; and
  • Alderney eGambling (Amendment) Regulations, 2018.

The following pieces of legislation regulate land-based gambling:

  • Gambling (Betting) (Alderney) Ordinance 1997; and
  • Gambling (Bookmakers) (Alderney) Ordinance 2002.

“Gambling” encompasses all forms of betting, gaming and wagering and any lottery, whilst "Lawful gambling" covers any form of gambling legalised by an ordinance that has been made under Section 6 of the Gambling Law.

Land-based gambling is not separately defined in Alderney gambling legislation.

"eGambling" means:

  • a gambling transaction with an eGambling licensee; or
  • category 2 associate certificate holder that is effected remotely, by a customer, by means of a telecommunication device.

(Section 30(1), eGambling Ordinance 2009).

A category 2 associate certificate is where the operator is the foreign-based equivalent of a category 2 eGambling licensee. eGambling is not unlawful where the following requirements are met:

  • the transaction is not effected by, with or through a young person;
  • the transaction is organised or promoted by or with the holder of a category 1 eGambling licence; or
  • the transaction is effected by or with the holder of a category 2 eGambling licence or a category 2 associate certificate holder, formerly known as a foreign gambling associate certificate

(Section 1, eGambling Ordinance 2009).

A young person is someone under the age of 18 (Section 20, Gambling Law).

The Gambling Law 1999, Section 13, sets out a general offence for any breach of the Gambling Law or breaches of subsequent Ordinances created under the Gambling Law. See 3.6 Penalties for Unlawful Gambling and 11 Enforcement for further details.

The AGCC can also bring regulatory proceedings where breaches of the eGambling Ordinance 2009 or eGambling Regulations 2009 have occurred. The AGCC may take regulatory action where:

  • an eGambling licensee or a certificate holder is no longer a fit and proper person;
  • an associate of an eGambling licensee or a certificate holder is not, or is no longer, a fit and proper person to be associated with the operations of the licensee or certificate holder;
  • an eGambling licensee or a certificate holder has contravened a provision of the gambling legislation, or a condition attached to the eGambling licence or certificate in question;
  • a temporary eGambling licensee is no longer licensed or properly licensed in another jurisdiction to conduct eGambling operations; andthe licensed activity is being, or has been, carried out by an eGambling licensee or certificate holder, or an associate of an eGambling licensee or certificate holder, in a manner which is inconsistent with the licensing objectives.

(eGambling Ordinance 2009, Section 12)

Under the Gambling Law 1999, the penalties for unlawful gambling are:

  • for a first case offence: a maximum fine of GBP25,000 and/or up to six months' imprisonment; and
  • for subsequent offences: a maximum fine of GBP50,000 and/or up to two years' imprisonment.

Currently, there is no legislation pending.

The Gambling Law 1999 (Section 1) established the Alderney Gambling Control Commission (AGCC). The AGCC’s aims to protect and enhance Alderney’s standing as an online gambling (eGambling) jurisdiction through ensuring that all eGambling in Alderney is:

  • conducted honestly and fairly;
  • free from criminal influence, especially regarding funding, management and operation; and
  • regulated and monitored to protect customer interests and all those vulnerable to gambling related harm.

The AGCC’s operational responsibilities are twofold, being:

  • licensing: investigating the suitability of new applicants and maintaining required records pertaining to all licensees and certificate holders; and 
  • compliance: approving the licensee’s gambling equipment, internal controls and operating procedures.

The AGCC’s objectives are to ensure that:

  • all electronic gambling is conducted honestly and fairly in compliance with good governance;
  • the funding, management and operation of electronic gambling remains free from criminal influence; and
  • electronic gambling is regulated and monitored so as to protect the interests of the young and the vulnerable.

The AGCC’s approach to regulation has become more global since the introduction of the point of consumption regime in the UK under the Gambling (Licensing and Advertising) Act 2014. In effect, this abolished a white list system that enabled Alderney licensees to operate in the UK under transitional rights, so that anyone wishing to advertise or transact with customers in Great Britain, must hold an operating licence from the British Gambling Commission. Consequently, the AGCC’s focus has shifted from the UK to working with other regulators more globally to ensure gambling is regulated effectively between jurisdictions and has signed the following memorandums of understanding (MoU):

  • Antigua and Barbuda in February 2010; The Nevada Gaming Control Board in January 2011;
  • The Danish Gambling Authority in June 2011;
  • The Alcohol and Gaming Commission of Ontario in January 2012;
  • The Casino Regulatory Authority of Singapore in October 2012;
  • The UK Gambling Commission in February 2013;
  • The Maltese Lotteries and Gaming Authority in October 2013;
  • The International Olympic Committee in February 2014;
  • The Fédération Internationale de Football Association (FIFA) in March 2014;
  • The European Sports Security Association (ESSA) in December 2011;
  • The Northern Territory of Australia in July 2014;
  • The Jersey Gambling Commission in March 2015; and
  • The Isle of Man Gambling Supervision Commission.

A letter of intent between the AGCC and The Netherlands (Kansspelautoriteit) was signed in January 2015 as a precursor to a full MoU.

A bookmakers licence is available for land-based gambling.

For online gambling, licences and certificates are not limited in number and depend on the nature and type of activity.

As of 31 December 2018, there were 41 registered licensees comprising:

  • 13 category 1 licence holders;
  • 15 category 2 licence holders; and
  • 19 holders of both category 1 and 2 licences.

Licences

The types of licences are (one or both of the category eGambling licences can be held):

  • category 1 eGambling licence for B2C activities: authorising the licensee to organise and prepare gambling operations, including the contractual relationship with customers, the verification and registration of players and the management of player funds;
  • category 2 eGambling licence for B2B activities: authorising the operator to effect gambling transactions located within an approved hosting centre in Alderney/Guernsey; or
  • temporary eGambling licence: allows a licensee, who is licensed/approved in another jurisdiction, to conduct an equivalent form of gambling, to conduct a gambling transaction under limited circumstances. See 4.6 Duration of Licences.

Category 1 and 2 eGambling licences can only be held by an Alderney registered company. However, the company no longer needs to be formed before the application is made to the AGCC, provided that the applicant commits to form an Alderney registered company during the application process and before a licence is issued.

Category 1 eGambling licensees may either:

  • work with a number of category 2 eGambling licensees or category 2 associate certificate holders, who will host games on their server. Players will be sent to the category 2 eGambling licensee or category 2 associate certificate holder wherever they are situated; or
  • hold a category 2 associate certificate (formerly known as a foreign gambling associate certificate) for effecting gambling transactions with the customer.

Certificates

The following certificates are available in Alderney:

  • category 2 associate certificate for B2B activities, where the operator is the foreign-based equivalent of a category 2 eGambling licensee.; these can now be upgraded to a category 2 licence without loss of any residual value;
  • core services provider associate certificate, which is granted to a third-party entity with which an eGambling licensee or category 2 associate certificate holder contracts directly for the provision of gambling software, a player fund deposit or company management; and
  • hosting certificate for the accommodation of gambling equipment, which must be suitable, secure and meet the AGCC's technical standards.

Personal Licences

Personal licences known as key individual certificates, are available to persons who are, or will be:

  • an associate of a licensee or certificate holder;
  • someone who occupies or acts in a managerial position for a licensee or certificate holder;
  • someone who carries out managerial functions for a licensee or certificate holder; or
  • someone in a position to control or exercise significant influence over the operations of a licensee or certificate holder.

Licences are readily available subject to fulfilment of application criteria and relevant fee payments. See 4.6 Application Requirements.

With the exception of the temporary eGambling licence, licences and certificates are ongoing subject to licensees’ payment of the annual fee and the AGCC’s approval of licensees’ and certificate holders’ continued suitability to hold an Alderney license or certificate. As the name indicates, the duration of temporary eGambling licences is restricted and authorises gambling transactions for either:

  • a maximum of 29 days continuously; or
  • an aggregate of 59 total days within a six-month period.

Operators seeking to conduct gambling transactions beyond the above durations must apply for a category 1 eGambling licence and/or a category 2 eGambling licence within 42 days. Temporary licences are also available to operators using Alderney servers for disaster recovery purposes.

Key Application Requirements for Operators

The licence application and approval process can be broadly divided into the following categories:

  • suitability;
  • fair games; and
  • adequate processes.

Key requirements may be summarised as follows:

  • Gambling servers: unless otherwise authorised under a special agreement with the AGCC, servers must be located within Alderney or Guernsey at hosting premises approved by the AGCC by way of a hosting certificate. Any approved hosting premises outside the Bailiwick of Guernsey do not need to hold a hosting certificate.
  • Gambling equipment: unless specifically agreed with the AGCC, all equipment used to operate games must be located in approved premises in either Alderney or Guernsey. This extends to game servers, player databases and transaction databases. However, personnel or any back-office functions need not be located in Alderney or Guernsey.
  • Financial requirements: subject to a liquidity adjustment in respect of investment in fixed assets and relevant account groupings as they appear in the reports specified in Schedule 18 to the eGambling Ordinance 2009 and submitted under Regulation 242(2) of this Ordinance, applicants must hold capital equal to or exceeding the sum of qualifying overheads using the formula below:

Shareholders' funds, minus an adjustment that is equal to the total of fixed assets, must meet or exceed the quarterly reported value of net gaming yield (NGY) less any operating profit, excluding the cost of affiliate fees (as approved by the AGCC).

In addition to the above conditions for establishment, the application itself comprises two stages.

Stage one

Stage one requires:

  • submission of the corporate application form and supporting documents;
  • submission of the applications for key individual certificates;
  • payment of an initial investigation deposit of GBP10,000; and
  • the formation of an Alderney registered company (for a category 1 and/or category 2 eGambling licensee).

Upon receiving the application, the AGCC will arrange to meet with applicants to better understand the applicant’s:

  • business plan and proposed operations;
  • potential business and executive associates;
  • corporate entities involved in the application; and
  • persons who may need to submit applications for key individual certificates.

Successful applicants must pay the relevant licence fee before the licence is issued and before proceeding to stage two.

Stage two

Stage two requires the AGCC’s approval of the licensees’:

  • Internal Control System (ICS);
  • gambling equipment; and
  • capitalisation status.

The ICS is "a system of controls and administrative and accounting procedures used by an eGambling licensee for the conduct of eGambling" and is designed to enable licensees to confirm how they propose to mitigate any business risks such as protection of customer funds and disaster recovery. Licensees must complete the ICS document comprising the following sections:

  • Section 1: corporate structure and staffing;
  • Section 2: accounting systems;
  • Section 3: customer registration, verification, banking and management;
  • Section 4: eGambling; and
  • Section 5: computer controls.

The AGCC’s “Technical Standards and Guidelines for Internet Gambling Systems” provides further information on its expectations regarding the above areas.

Key Application Requirements for Directors, Owners or Senior Management

Those associated with, or in managerial positions or conducting managerial functions or who are able to exercise significant control over licensees or certificate holders must hold a key individual certificate. The AGCC also has the discretion to determine individuals who satisfy these positions. In addition to a GBP1,000 investigation deposit, applicants must complete the AGCC’s application form covering the following sections:

  • Section 1: applicant’s personal details;
  • Section 2: applicant’s household details;
  • Section 3: applicant’s education and employment;
  • Section 4: applicant’s finances; and
  • Section 5: applicant’s character.

The application’s aim is to enable the AGCC to determine the scope of any required investigations and identify any further information required. Generally, the AGCC is reviewing the applicant’s character, current financial position and general suitability to perform activities for or on behalf of an eGambling licensee or foreign gambling associate certificate holder.

Subject to receipt of full application information and payment of any relevant costs, the AGCC’s review of applications generally takes three to six months.

The licence applications themselves do not attract a fixed fee. Instead, applicants are required to pay a GBP10,000 deposit upon application submission to cover the AGCC’s associated costs in reviewing the application. Any balance remaining from the deposit is refunded to the applicant or licensee. The deposit for key individuals is GBP1,000. The various deposits and payment structures are listed on the AGCC’s website are detailed below.

eGambling licences and category 1 and 2 associate certificates, attract the following costs:

  • Initial deposit, GBP10,000.
  • Supplementary deposit, GBP5,000 (GBP1,000 for certificates).
  • Modification fee, GBP100.
  • Approval of ICS, GBP10,000.
  • Changes to ICS, GBP5,000.
  • Approval of gambling equipment, GBP5,000.
  • Inspections of operations, GBP7,500.
  • Special investigations, GBP5,000 (GBP2,000 supplementary deposit, if required).

Core services certificates and hosting certificates attract the following costs:

  • Initial deposit, GBP5,000.
  • Supplementary deposit, GBP5,000.
  • Modification fee, GBP100.

Annual licence fees are payable on or before the anniversary of the grant of the licence.

Subject to NGY, annual licensing fees in Alderney range from GBP35,000 to GBP400,000 per year.

Category 1 eGambling Licence

  • New licensee for first year of operation: GBP17,500.

After first year of operation:

  • Band A (NGY less than GBP500,000): GBP35,000.
  • Band B (NGY equal to or exceeding GBP500,000 but less than GBP1 million): GBP60,000.
  • Band C (NGY equal to or exceeding GBP1 million but less than GBP5 million): GBP80,000.
  • Band D (NGY equal to or exceeding GBP5 million but less than GBP7.5 million): GBP130,000.
  • Band E (NGY equal to or exceeding GBP7.5 million but less than GBP20 million): GBP200,000.
  • Band F (NGY equal to or exceeding GBP20 million but less than GBP30 million): GBP290,000.
  • Band G (NGY equal to or exceeding GBP7.5 million but less than GBP30 million): GBP400,000.
  • Annual gambling association fee: GBP3,000 per business associate.

Category 2 eGambling Licence

  • New licensee for first year of operation: GBP17,500.
  • GBP35,000 annual fee (fixed).
  • Annual gambling association fee: GBP3,000 per business associate.

Other Annual Fees

  • Category 1 or category 2 associate certificate: GBP35,000 for a new holder in Alderney, for its first year.
  • Category 2 associate certificate: GBP50,000 annual fee (fixed).
  • Core services associate certificate: GBP10,000 annual fee (fixed).
  • Temporary eGambling licence: GBP10,000 annual fee (fixed).

This is not applicable in this jurisdiction.

Currently, there are no proposals for reform.

See 4.3 Types of Licences.

B2C activities are authorised by a category 1 eGambling licence, which enable licensees to contract with customers. Authorised activities include:

  • entering into an agreement with the customer;
  • registration and verification of the customer;
  • engaging in financial transactions with the customer;
  • managing the customer's funds;
  • offering or promoting gambling to the customer; and
  • other actions that the Alderney Gambling Control Commission determines to be activities that can only be carried out by a category 1 eGambling licensee.

(eGambling Regulations 2009, Regulation 3)

See 4.3 Types of Licences.

B2B activities are authorised by a category 2 eGambling licence. Authorised activities include:

  • striking a bet;
  • housing and recording the random element or gambling transaction outcome; and
  • operating a system of hardware and software on which the gambling transaction is conducted.

(eGambling Regulations 2009, Regulation 5)

Core services associate certificates are issued to those closely involved in online gambling but who do not undertake the primary activity, including gambling software suppliers. The AGCC does not regulate marketing affiliates.

The brand owner is likely to be investigated either as a business associate or a gambling business associate of the Alderney licensee.

In 2015, the AGCC engaged in a multi-jurisdiction testing framework (MJTF) with the Isle of Man, Denmark and the UK. This harmonisation of testing requirements increases the speed at which games can be approved for release, minimises costs and regulatory duplication. The MJTF was designed to streamline testing and certification.

Technical measures such as IP or payment blocking are not currently applicable in Alderney.

The responsible gambling requirements are underpinned by the AGCC’s objectives regarding online gambling to ensure that:

  • all electronic gambling is conducted honestly and fairly;
  • the funding, management and operation of electronic gambling remains free from criminal influence; and
  • electronic gambling is regulated and monitored so as to protect the interests of licensees' customers, as well as the young and vulnerable.

Key responsible gambling requirements are implemented through the AGCC’s “Technical Standards and Guidelines”, 20 July 2018, and the eGambling Regulations. See 7.2 Gambling Management Tools for specific requirements.

Licensees are required by legislation, and through AGCC guidance, to provide gambling management tools to customers.

The “Technical Standards and Guidelines” Section 3.5.5 require that licensees:

  • have internal control systems that provide customers with “easy and obvious mechanism[s] to self-limit their game play”; and
  • provide customers with a player protection page that may be accessed from any screen where game play or wagering activity can occur.

The eGambling Regulations, Regulation 237 enable customers to provide written notice to eGambling licensees in order to set restrictions to the amount customers can deposit, wager or lose in a given time period/number of transactions.

AML is regulated in the Bailiwick of Guernsey through the following primary and secondary legislation:

  • Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007;
  • Transfer of Funds (Alderney) Ordinance 2007;
  • Disclosure (Bailiwick of Guernsey) Regulations 2007;
  • Disclosure (Bailiwick of Guernsey) Law 2007; and
  • Terrorism and Crime (Bailiwick of Guernsey) Law 2002 (Consolidated 2010).

The Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) (Amendment) Ordinance 2018 which came into force on 31 March 2019 updates the Bailiwick of Guernsey’s AML/CTF structure to ensure continuing compliance with international standards. There is particular focus on improving customer due diligence measures and associated preventative measures – for eCasinos, this includes improved record keeping by obtaining additional evidence of client identity. 

The AGCC issued "Business from Sensitive Sources Notice" (BSSN) Number 35 on 9 July 2019, setting out action to be taken by eGambling licensees and certificate holders in respect of its AML review and conclusions set out in "The FATF Public Statement" and "Improving Global AML/CTF Compliance: On-Going Process". See 8.2 AML Requirements for further information on requirements.

Alderney’s AML requirements stem from Financial Action Task Force (FATF) standards. The Fourth and prospective Fifth Anti-money Laundering Directives are not applicable in Alderney as Guernsey is not part of the EU. In the case that more than one AML regime applies, licensees and certificate holders must comply with the regime that provides the highest standard of compliance by reference to the FATF recommendations (Section 11(2), Schedule 16, eGambling Regulations 2009).

In addition, the AGCC’s BSSN 35, July 2019, provides actions to be taken by licensees and certificate holders including but not limited to:

  • exercising greater caution when accepting business from the countries or territories specified in Part A of the BSSN. Furthermore, ensuring performance of enhanced client due diligence and paying special attention to all business relationships and transactions where customers or beneficial owners have a relevant connection with countries or territories listed in “The FATF Public Statement”; and
  • taking a risk-based approach to any reviews or assessments of any business relationship with those in jurisdictions listed in Part B of the BSSN.

The AGCC inspects all licensees within one year of the approved start of live operations and annually thereafter. Inspections include a thorough review of a licensee's payment systems, due diligence records and AML/CTF controls, including a mystery shopping exercise.

The AGCC supervises the gambling advertising activity of licensees and has regulatory powers to address any breaches of the gambling advertising rules as stated in Alderney legislation.

Advertising is not specifically defined in legislation.

The key advertising provisions are listed in the eGambling Regulations 2009 and require that category 1 eGambling licensees must:

  • be truthful;
  • not be distasteful;
  • not promote gambling by, with or through persons under 18 years of age, and this factor must be taken into account when determining media selection and placement of the advertising;
  • not encourage people to engage in excessive participation in online gambling that would be socially irresponsible or could result in harm to them or others;
  • not imply or convey any message that a person's status, general abilities or social success can be attributable to gambling;
  • not challenge or dare people to participate in online gambling;
  • not, having regard to the expected returns to customers through online gambling, promote or suggest any unrealistic expectation of winning;
  • not bring into disrepute the Island of Alderney, the AGCC or in any broader context, the Bailiwick of Guernsey; and
  • comply with any requirements relating to the content or nature of advertising imposed in the jurisdiction covering the target market for that advertising.

(Regulation 4(c), eGambling Regulations 2009).

Similar provisions apply to the other licensees with the corresponding legislation listed at the following sections of the eGambling Regulations 2009:

  • temporary eGambling licensees, Regulation 8(1)(c);
  • category 2 eGambling licensees, Regulation 6(c); and
  • category 2 associate certificate holders, Regulation 6(c).

See 9.3 Key Legal, Regulatory and Licensing Provisions.

The penalty for any unlawful gambling is a maximum fine of GBP25,000 and/or up to six months' imprisonment for a first case offence. This increases to a maximum fine of GBP25,000 and/or up to six months' imprisonment for subsequent offences (Gambling Law 1999, Section 13). The AGCC also has the power to bring regulatory proceedings for breaches of either the eGambling Ordinance 2009 or eGambling Regulations 2009.

Detailed information on the transaction and incoming shareholder(s) must be provided within seven calendar days. Please note that there is no formal process for disclosure.

A change of control is triggered by a change in shareholding of 10% or more. Any persons determined by the AGCC to be a key individual, including if they are able to exercise significant control over an eGambling licensee or certificate holder must submit an application for a key individual certificate.

There are no such requirements in Alderney.

The AGCC can bring regulatory proceedings where breaches of the eGambling Ordinance 2009 or eGambling Regulations 2009 have occurred.

The AGCC may issue the following sanctions:

  • issuing a direction to rectify;
  • issuing a written caution;
  • imposing a financial penalty of up to GBP25,000, which can be suspended;
  • suspending the licence or certificate; and
  • revoking the licence or certificate.

The AGCC does have a history of enforcement, most notably in relation to the 2011 event termed by the gambling industry as “Black Friday”, which involved the suspension and revocation of Full Tilt Poker’s Alderney licences.

Financial penalties are issued and enforced by the AGCC.

The AGCC has expressed a regulatory interest in social gaming but it has not issued any formal guidance on the matter.

This is not applicable in this jurisdiction.

This is not applicable in this jurisdiction.

This is not applicable in this jurisdiction.

The use of blockchain in gambling in Alderney is unclear and no formal guidance has been issued by the AGCC on this matter. However, the AGCC believes its framework is future-proof and that, therefore, innovative products are already covered in the existing legislative and regulatory framework.

This is not applicable in this jurisdiction.

Alderney does not have gambling tax. Licensees may also benefit from the country’s 0% corporate tax regime provided the licensee’s shareholders are non-residents and they can demonstrate:

  • they are resident in, managed, and controlled from, the Bailiwick of Guernsey; and
  • their main permanent office generating all or the majority of group profits is established in the Bailiwick of Guernsey.
Harris Hagan

6 Snow Hill
London
EC1A 2AY
United Kingdom

+44 020 7002 7636

info@harrishagan.com www.harrishagan.com
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Harris Hagan is currently the only specialist gambling law firm in the City of London. The firm has an international reputation as trusted advisers to many of the world’s largest gambling and leisure operators in all areas of land-based and online gambling, liquor and entertainment. The firm’s outstanding reputation has been founded on unparalleled legal experience, knowledge and an in-depth commercial understanding of the industry. Harris Hagan has also advised overseas regulatory authorities and governments on the regulation of gambling and assisted with draft legislation. The firm is noted for its pre-eminence in advising on highly complex regulatory issues and for advising on a wide range of commercial contracts.

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