White label partnerships
Request
In response to recent FOI requests that I have submitted, the Commission has outlined that TGP Europe's white label partners cannot themselves offer gambling facilities, but that any transactions through their brands would be going through TGP's facilities. As I have mentioned, the URLs of all TGP's white label partners are dead links, and TGP itself does not appear to have a functioning website for transacting with customers. On the available information, it is therefore unclear how TGP was able to breach the Commissions rules, as it was recently found to have.
Given this, I am, as per the FOI Act, requesting answers to the following questions:
- Did any of TGP's breaches relate to its white label partners?
- Did any of TGP's breaches relate to customers that used TGP facilities via the websites (as listed on the Commission website) of its white label partners?
- Can TGP's online facilities be accessed in ways other than via its white label partners? If so, how and where?
- Did any of the breaches relate to activity that did not occur online (eg in a casino)?
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have referenced (based on previous FOI request responses) that TGP Europe's white label partners cannot themselves offer gambling facilities, but that any transactions through their brands would be going through TGP's facilities.
Further to this, you have stated, the URLs of all TGP's white label partners are dead links, and TGP itself does not appear to have a functioning website for transacting with customers.
On the available information, it is therefore unclear how TGP was able to breach the Commissions rules, as it was recently found to have.
Given these points, in your email you have requested:
- Did any of TGP's breaches relate to its white label partners?
- Did any of TGP's breaches relate to customers that used TGP facilities via the websites (as listed on the Commission website) of its white label partners?
- Can TGP's online facilities be accessed in ways other than via its white label partners? If so, how and where?
- Did any of the breaches relate to activity that did not occur online (eg in a casino)?
Firstly, for context, we felt it would be helpful to clarify how white label partnerships work in practice. The Licensee would always be the party that offers facilities for gambling and in most cases they would run the mechanics of the websites that transact with consumers. This would ensure that the licensee is offering facilities for gambling. Therefore, any activity on those ‘white label’ branded websites is the responsibility of the Licensee.
Some licensees may not offer facilities for gambling under their own business name and would only offer facilities for gambling under white label brands. The relationship between the licensee and the white label partner is better described as a marketing agreement rather than an agreement to provide facilities for gambling.
To be clear, the responsibility for compliance of all operating gambling websites, including white labelled sites, sits with the licence holder and cannot be transferred to any other party. By extension, any breaches which occur in the course of gambling activity is the liability of the licensee, not the white label partner. A white label marketing partner cannot offer facilities for gambling themselves unless they hold a relevant licence.
As can be seen via our public register TGP Europe Ltd currently only offer web domains that are white label partnerships. They do not offer facilities for gambling under their own web domain name.
As can be seen from our public statement of 5 April 2023 the issues identified in relation to anti money laundering controls included:
- Not adequately considering and mitigating the money laundering risks posed by their business-to-business relationships
- Having ineffective policies and procedures in relation to due diligence undertaken prior to white label agreements.
Finally, as can be seen within our public register TGP Europe Ltd are only licenced for remote gambling. The licence review reported on 5 April 2023 only related to the activity they are licensed to offer.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP