Gambling Operators: Responsibility for Marketing to Self-Excluded Customers

“It is a breach of the Licence Conditions and Codes of Practice for operators to send marketing material to individuals who have self-excluded. Where an operator contracts with a third party for the provision of any aspect of the business relating to gambling, the Gambling Commission considers that the operator retains primary responsibility for any breaches of the LCCP by the third party.

Operators therefore need to take ‘all reasonable steps’ to prevent third parties and affiliates from sending marketing materials to self-excluded customers. This is quite a strict test as the Commission has stated that a single point of failure in the process, such as a mistake by one member of staff, is likely to result in the Commission deciding that all reasonable steps have not been taken.

This continues to apply where an individual’s self-exclusion period has expired but they are yet to make a positive decision to return to gambling.

To avoid any regulatory action being taken against the business or relevant Personal Management Licence holders, operators will need to be diligent in ensuring that the contact details of self-excluded persons are appropriately excluded not only from their own marketing database or mailing lists, but also from those with whom they contract for marketing services.”

The note from the Gambling Commission can be viewed here.

For further information on this issue or any other legal gambling problems contact partner and head of gambling law, Nick Arron, on 0115 953 8500.