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Update and implementation extension to upcoming SR Code - 5.1.12

The Gambling Commission published our response to the Direct Marketing consultation in May 2024.

We received feedback from industry that the final wording of paragraph 6 of the requirement may require operators to ‘deny service’ to customers until they set their marketing preferences in line with the new requirement, which was never intended.

We also received queries about whether existing marketing preferences that matched the new requirement could be shown to customers and/or mapped across to the new preferences. Queries were also raised about seeking updated preferences from customers who are returning from self-exclusion or otherwise opted out of marketing.

Our response

We have updated upcoming Social Responsibility (SR) Code – 5.1.12 to clarify matters which have been reflected on by the Commission. In particular, the importance of ensuring those that have chosen to opt-out of marketing material (particularly those customers who are returning from self-exclusion) have their wishes respected; as well as the general efficiency in respecting existing preferences where they match the relevant requirements of the condition.

Customers who have opted out of marketing do not need to be shown the new marketing preferences upon first login after the commencement date. However, all existing customers must have the option to update their marketing preferences. New customers must be given the opportunity upon signup.

Existing preferences

Industry raised questions as to whether operators can either display existing preferences to a customer or copy existing preferences over (with the continuing prospect of them being adjusted by the relevant customers at any time) where they match the new requirement.

We recognise there is a benefit in efficient transition of preferences based on the new requirements, for example where a customer has opted into text message (SMS) as a marketing channel, this can be copied over to the new options when being presented to a customer (albeit they are able to change at any time). Where customers have not previously selected options which match the requirement, they will be given the opportunity to make the relevant selection.

Any customer that has set both marketing preferences for channel and product in line with this requirement before the implementation date does not need to be asked again.

We set out some scenarios to aid understanding:

Scenario 1

An existing customer has chosen to receive all gambling marketing (products) and has selected SMS as the only channel they wish to receive marketing via.

All gambling products is not specific enough to match the product breakdown indicated in the requirement (betting, casino, bingo).

Therefore, the customer has not set marketing preferences in line with the requirement and should be offered the opportunity to do so at first log-in past the implementation date:

  • SMS is a channel specified in SR Code - 5.1.12 so the existing preference can be copied over when presenting the customer with the updated marketing preferences at first login past the implementation date
  • the product selection must be unticked.

Scenario 2

An existing customer has chosen to receive betting marketing (product) via all available channels.

All channels is not specific enough to match the channel breakdown indicated in the requirement (phone call, email and text messages (SMS).

Therefore, the customer has not set marketing preferences in line with the requirement and should be offered the opportunity to do so at first log-in past the implementation date:

  • betting is a product specified in SR Code - 5.1.12 (betting, casino, bingo) so the existing preference can be copied over when presenting the customer with the updated marketing preferences at first login past the implementation date
  • the channel selection must be unticked.

Scenario 3

An existing customer has chosen to receive betting marketing (product) and has selected text message (SMS) as the only channel they wish to receive marketing via.

The customer has set marketing preferences in line with the requirement and does not need to be presented with marketing preferences at first login past the implementation date. All customers must have the option to update their marketing preferences.

Where a licensed website only offers a single product type, for example casino, operators do not need to ask customers to confirm their product preference but are expected to confirm channel preference.

Summary

In summary, we have made the following updates:

  1. We have extended the implementation date for SR code 15.1.12 so that it will now come into effect from 1 May 2025.
  2. We have made a minor update to the wording of the requirement to address issues raised around clarity. We have also incorporated the updated position on customers who are opted out of marketing.

The SR code requires that any customer has the option to change their marketing preferences, and this includes customers who are currently opted out of marketing.

The final wording of SR Code – 5.1.12 is:

SR Code - 5.1.12 - Direct marketing preferences

  1. Licensees must provide customers with options to opt-in to direct marketing on a per product and per channel basis. The options must cover all products and channels provided by the licensee and be set to opt-out by default. These options must be offered as part of the registration process and be updateable should customers change their preference. This requirement applies to all new and existing customers.
  2. Channel options must include phone call, email and text messages (SMS) as applicable.
  3. Product options must include betting, casino, bingo, as applicable. Operators must make clear to customers which products they offer are covered under relevant categories.
  4. Where an operator seeks an additional step for customers to confirm their chosen marketing preferences, the structure and wording of that step must be presented in a manner which only asks for confirmation to progress those choices with one click to proceed. There must be no encouragement or option to change selection; only the option to accept or decline their selection.
  5. Customers must not receive direct marketing that contravenes their channel or product preferences.
  6. Existing customers who have not already opted out of marketing must be asked at their first log-in after commencement of this provision to confirm their marketing preferences if they have not done so already. Existing preferences can be copied over providing they match the format of this requirement.

Before this update, paragraph 6 had read:

All customers logging into their account for the first time after the commencement date of this provision are required to have confirmed their marketing preferences in line with this condition before they are permitted to gamble.

This has now been replaced by the current paragraph 6 of SR Code – 5.1.12.

Last updated: 27 August 2024

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