Frequently asked questions (FAQs)

What activities are covered by the term 'manufacture, supply, install, or adapt' for gambling software?


 

It is an offence to manufacture supply, install, or adapt gambling software, in the course of business without an operating licence from the Gambling Commission.

The Gambling Commission cannot provide a definitive interpretation of the words “manufactures, supplies, installs or adapts”, which is a matter for the courts.  However, we can set out some examples of which activities require a gambling software licence under the Gambling Act 2005. 

You should seek your own legal advice on the specific activities you undertake to determine whether you need a gambling software licence. 

When a licence may be needed

The following are examples of activities that we consider do need a gambling software licence:

  • Supplying or offering the same off-the-shelf gambling software to a number of different operators
  • Where a software developer makes amendments to their off-the-shelf product for a specific gambling operator.

In these circumstances it would be expected that the software developer retains intellectual property rights for the software supplied to an operator.

When a licence may not be needed

The following are examples of activities that we consider are unlikely to need a gambling software licence:

  • Where an individual is contracted by a gambling operator to contribute to software development and where that individual's work is only part of the development process
  • Where a company is sub-contracted by a gambling operator to contribute to software development or to provide custom software.

In these circumstances it would be expected that the gambling operator held intellectual property rights to the software.

Page last reviewed: July 2013

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