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3 Protection of children and other vulnerable persons

3.4.6 - Financial risk assessments pilot

Applies to:

All remote bingo, casino and betting licences of fee categories J1, K1 and L1.

Social responsibility code

Compliance with these is a condition of licences; therefore any breach of them by an operator may lead the Commission to review the operator’s licence with a view to suspension, revocation or the imposition of a financial penalty and would also expose the operator to the risk of prosecution.

  1. Subject to paragraph 2 below, in this provision:

    • a. the pilot phase is the period from 30 August 2024 to 31 March 2025 inclusive;
    • b. the pilot stages of the pilot phase are three stages which operate over such periods of the pilot phase as may be specified by the Commission from time to time;
    • c. a threshold is a threshold which is specified by the Commission for the purposes of subparagraph h below from time to time;
    • d. a customer’s account is an inactive account for the purposes of a pilot stage if the customer did not use that account for gambling during the period of 12 months prior to the commencement of the relevant pilot stage;
    • e. a customer’s account is an active account for the purposes of a pilot stage if the customer used that account for gambling during the period of 12 months prior to the commencement of the relevant pilot stage;
    • f. the stage one historical period is such period as the Commission may specify for the purposes of subparagraph h(i);
    • g. the stage two historical period is such period as the Commission may specify for the purposes of subparagraph h(ii);
    • h. a relevant customer is:
      1. during the first pilot stage, a customer of the licensee who has an account which is inactive, and in relation to which during the stage one historical period the deposits into that account minus the withdrawals from that account exceeded either the relevant threshold during a calendar day or the relevant threshold over a 90-day period;
      2. during the second pilot stage, a customer of the licensee who has an account which is active, and in relation to which during the stage two historical period the deposits into that account minus the withdrawals from that account exceeded either the relevant threshold during a calendar day or the relevant threshold over a 90-day period;
      3. during the third pilot stage, a customer of the licensee who has an account which is active, and in relation to which:
        • the deposits into that account minus the withdrawals from that account exceed the relevant threshold over any 24-hour period; or
        • the deposits into that account minus the withdrawals from that account exceed the relevant threshold over any 90-day period;
    • i. a credit reference agency is any one of the three credit reference agencies, Equifax, Experian and TransUnion;
    • j. a financial risk assessment is an assessment provided by a credit reference agency of the financial risk in relation to a customer which takes into account information that the credit reference agency holds about the customer, including (where available) credit performance data and aggregated current account turnover data.

  2. The Commission may:

    • a. extend the pilot phase so that it concludes on a date no later than 30 April 2025, any such extension to be notified to licensees no later than 17 March 2025;
    • b. for the purposes of paragraph 1b above, specify that pilot stages operate over different periods in respect of different licensees and/or categories of licensees;
    • c. for the purposes of paragraph 1c above, specify different thresholds for different pilot stages and/or for different cases and/or categories of case;
    • d. for the purposes of paragraph 1f above, specify different stage one historical periods in respect of different licensees and/or categories of licensees;
    • e. for the purposes of paragraph 1g above, specify different stage two historical periods in respect of different licensees and/or categories of licensees; and
    • f. for the purposes of paragraph 1h above, specify the relevant calendar days and the relevant 90 day periods, and the Commission may specify different such days or periods in respect of different licensees or categories of licensees.

  3. During the pilot phase, a licensee must request from a credit reference agency a financial risk assessment in respect of each relevant customer. The request must be made:

    • a. during the first and second pilot stages, within 10 working days of the relevant pilot stage commencing; and
    • b. during the third pilot stage, within 24 hours of the time at which the customer first becomes a relevant customer.

  4. In a case in which a licensee receives a financial risk assessment pursuant to a request made under paragraph 3 above, the licensee must:

    • a. consider the financial risk assessment and any other relevant information that it holds about the relevant customer and:
      1. assess whether the relevant customer is or was (as the case may be) at risk of harm associated with gambling, and
      2. determine what action, if any, the licensee would take or would have taken (as the case may be) under SR Code Provision 3.4.3 as a result of that assessment if paragraph 6 below did not apply;
    • b. record the assessment and the determination referred to in subparagraph a above, and the reasons for the determination; and
    • c. provide to the Commission such information in relation to the assessment and/or determination referred to in subparagraph a above, and/or information in relation to such assessments and determinations generally, at such time and in such form and manner as the Commission may specify from time to time.

  5. During the pilot phase, a licensee must:

    • a. determine the policies and procedures that it would be appropriate for the licensee to adopt in relation to the provision to and receipt from credit reference agencies of data about customers (including the receipt of financial risk assessments);
    • b. determine the policies and procedures that it would be appropriate for the licensee to adopt in relation to assessments of whether a customer is at risk of harm associated with gambling, and determinations of what action (if any) the licensee would take as a result of that assessment, if the licensee were required to obtain and consider a financial risk assessment for the purposes of SR Code Provision 3.4.3; and
    • c. report to the Commission its conclusions under subparagraphs a and b above, and its reasons for those conclusions, at such time and in such form and manner as the Commission may specify from time to time.

  6. A licensee must use the financial risk assessment obtained pursuant to a request made under paragraph 3 above, and any information available to the licensee only because it was included in such an assessment, only during the pilot phase and only for the purposes of complying with paragraphs 4 and 5 above. A licensee must not use such a financial risk assessment or such information for any other purpose. In particular, a licensee must not use such a financial risk assessment or such information for the purpose of compliance with its obligations under SR Code Provision 3.4.3.

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