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3 Protection of children and other vulnerable persons

3.4.7 - Financial risk assessments pilot – analysis phase

Applies to:

All remote bingo, casino and betting licences which were within fee categories J1, K1 and L1 on 30 August 2024.

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. In this provision:

    • a. the ‘analysis phase’ is the period from the date on which this provision takes effect until such date as the Commission may specify;
    • b. a ‘direction’ is a direction given by the Commission to a licensee (or licensees) under paragraph 2 below;
    • c. a ‘modified financial risk assessment’ is a financial risk assessment which does not take into account such information that the credit reference agency holds about the customer as may be specified in a direction and/or which takes into account information that the credit reference agency holds about the customer in such manner as may be specified in a direction;
    • d. ‘pilot information’ comprises:
      1. a financial risk assessment obtained by a licensee during the pilot phase,
      2. any information available to the licensee only because it was included in a financial risk assessment obtained during the pilot phase,
      3. a financial risk assessment and a modified financial risk assessment obtained by a licensee during the analysis phase, and
      4. any other information obtained or generated by, or otherwise available to, the licensee only because the licensee has complied with a direction;
    • e. the definitions of terms provided for by SR Code Provision 3.4.6(1) and (2) apply.
  2. For the purpose of enabling a licensee and/or the Commission and/or a credit reference agency to analyse or further analyse information obtained or produced during the pilot phase, during the analysis phase the Commission may from time to time give to the licensee (or to more than one licensee) a direction which requires the licensee (or licensees):

    • a. to provide to one or more credit reference agencies such information as may be specified in the direction;
    • b. to request from one or more credit reference agencies such information as may be specified in the direction;
    • c. to carry out such analysis of information as may be specified in the direction; and/or
    • d. to provide to the Commission such information as may be specified in the direction.
  3. For the avoidance of doubt, the information which may be specified in a direction may include, but is not limited to:

    • a. information about one or more specific customers; and/or
    • b. a modified financial risk assessment.
  4. The licensee to which a direction is given must comply with the direction in such manner and in such form as the Commission may specify in the direction.

  5. For the purpose of enabling the licensee and/or the Commission to analyse information obtained or produced by the licensee during the pilot phase or the analysis phase, the licensee must retain all pilot information until 31 March 2026 or such other date as the Commission may specify.

  6. Subject to paragraph 5 above, the licensee must use pilot information only during the analysis phase and only for the purposes of complying with a direction. The licensee must not use pilot information for any other purpose. In particular, a licensee must not use pilot information for the purpose of compliance with its obligations under SR Code Provision 3.4.3.

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