DGOJ issues new directions

The DGOJ published the Guidelines for the drafting and content of the general clauses of gaming contracts subject to state licence.

Spain.- The General Directorate of Game Management (DGOJ) published the final version of the “Guidelines for the drafting and content of the general clauses of the gaming contracts subject to state licensing, as well as various aspects to take into account in its application”. It did after a period of public information to which it subjected their first draft. Once analysed and after considering the appropriate multiple comments received, it launched.

This initiative is part of the general consumer protection in iGaming consideration. The participant assumes the consumer status through the contractual relationship that links him with a licenced gaming operator to market state-owned iGaming. This condition is constituted through an adhesion contract, written entirely by the operator. There’s no player intervention in it and his contractual freedom is limited to express or not the acceptance of its clauses. Therefore, it is mandatory to comply with all the clauses in case of acceptance.

DGOJ comes to identify a series of guiding principles, criteria and practices that should govern the drafting of gaming contracts’ clauses. It addresses those established between participants and operators subject to state licences.

Specifications

Setting an environment to promote the rationality and fairness of relations between players and operators is a top priority objective in order to consolidate the segment’s sustainability. The DGOJ considers it necessary that gaming operators with licenses subject to Law 13/2011 of May 27, on Game Regulation (LRJ) write their contracts with a view to promoting best practices looking for the participant first. In addition, they should commit to observing compliance with the principles set forth, in view of the best discipline of the operator-participant relationship.

Within the general framework, the LRJ establishes the player-operator relationship in its article 15 section 3. “The relationship between the participant and the authorised operator constitutes a private relationship. Therefore, disputes or controversies that may arise between them will be subject to the Courts and Tribunals of the civil jurisdictional order. ” Thus, it referred to the “limiting” effect it has on the functions of the DGOJ. Specifically, the limitations to resolve claims on contractual issues.

The purpose of ordinations is to facilitate the drafting, predictability and legal certainty of gaming contracts. That, in view of the discipline of the operator-participant relationship, within the framework of the private nature of the relationship between participant and game operator.