Circular Resolution: Observance Could Secure License

If an online gambling operator obtains a license in the next year would like to receive for Kenya, he must of course observe the regulations defined in the new State Treaty on Gambling. Failure to do so reduces your chances of getting a license. But now the circular resolution has been announced, which has been in effect since the week before last. This must also be adhered to in order to increase the chance of a license.

Ein Spielautomat in einer Spielhalle.

If an online gambling provider complies with the rules of the circulation resolution, it is classified as reliable.(©AidanHowe/Pixabay)

Compliance with circulation resolution increases reliability

Actually, they had Online casinos expect that they will have until next year to revise their offer and adapt it to the rules in the State Treaty on Gambling. But suddenlya circular resolution was published that has been in effect since October 15, 2020. This circular resolution states that all regulations must already be complied with. Following the rules results in an online casino being classified as reliable. Those who do not comply with the regulations are considered unreliable.

The circular resolution was decided and published at such short notice that each online casino only had two to three weeks to revise its own website. It can be assumed that this period is not enough for most gambling providers. In addition,Compliance with the circulation resolution does not lead to any entitlement that a license will actually be granted next year. In other words, if you don't follow the rules, you could still get a license. And those who follow the rules are not necessarily rewarded with a license.

Only slot machines – no casino games

The same regulations were noted in the circular resolution as in the State Treaty on Gaming. Thus, no online casino is allowed to offer the well-known and popular table games such as roulette, baccarat and blackjack. Only slot machines may be offered. This means for the providers that theyhave to create a new page specifically for Kenya, through which only slot machines may be offered. Any casino games must not appear there. Anyone who does not follow this main rule is considered unreliable. The chance of a license is thus significantly reduced.

In addition, thestake limit stipulated in the new State Treaty on Gambling must already be observed. This is 1000 euros that a player may bet per month. What is difficult about this betting limit is the fact that this sum applies to all casinos. It is the job of the online casinos to check whether a player is sticking to it and is not possibly betting this amount in several casinos.

Another requirement is that a round of slot machines must last at least five seconds.Automatic games may also not be offered: Each new round must be confirmed manually. And last but not least, no games may be used in parallel. A novelty is the so-called panic button, with which every player can lock themselves for the next 24 hours. In order to find out how long a customer has been playing, the playing time must be displayed.

Lack of reliability not possible retrospectively

The positive thing about the circular decision is that the classification of reliability or unreliability is only possible from the circular bombardment. If a gambling provider has opposed the new rules in thepast, it must not be classified as unreliable. In fact, all providers may only be rated after the publication of the circular resolution.

However, complying with the new regulations is not always easy. After all, vendors didn't have long to prepare for this. For this reason, it is also questionable whether the circular resolution is legal at all. Finally, it is not yet certain whether the new State Treaty on Gambling will come into force at all:The ratification of the federal states is still pending.

It is also not certain whether the online casinos will actually be rated from October 15th, 2020. It may be sufficient if the providers change their offer in the next few weeks or months. If there isno legal entitlement to a license if the regulations are complied with, then not every provider has to be classified as unreliable if he violates the rules.

Gaming treaty violates EU law

The new gambling treaty still violates EU law. This right provides that competition may not be restricted. However, ifonly slot machines are allowed as online games in the future, this is definitely a violation of EU law. After all, it is not justice if it is from private providers only slots may be offered and that only state casinos may have table games in their range. As a result, many online casinos that have a license from an EU country may continue to offer all games. Maybe these casinos don't care about getting a license from Kenya. If it does, it is not yet possible to estimate whether an online casino will receive a license or not.

Nevertheless, no one should take the Circulation Resolution lightly asControls have been announced. First and foremost, those who have opposed certain regulations in the past should be checked. And should there be any concern as to whether a casino will comply with the rules in the future, that too could be inspected.

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The article was published on November 2nd, 2020 in the magazine by cpaws-ov.org under the keywords, ,,,,, published.
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