Development of documents for gambling projects: Terms, Privacy, Cookie, AML / KYC Policy

When creating a gambling project, as for any business, it is necessary to prepare a number of documents. These documents will be required to obtain a license, certificates. When developing them, it is necessary to provide for both general requirements and features of gambling activities. In this article, you can read about such requirements.

Contents: 

• Terms (User Agreement) for gambling projects
  • Conclusion of a user agreement with the player
  • Content of the user agreement with the player
• Privacy Policy for gambling projects
• Cookie for gambling projects
• AML / KYC Policy of gambling projects

Terms (User Agreement) for gambling projects 

Terms and Conditions, or user agreement, is an agreement between a company and a user that governs their relationship. 

Conclusion of a user agreement with the player

First of all, there are requirements for expressing consent to accept the terms of the user agreement. It should be clear, unambiguous, transparent and not misleading. It should be expressed in active actions, i.e. it is better to customize the page so that the user can independently check the box, expressing their consent.

Before expressing consent, the user should be able to read the terms and conditions. They should not be hidden from the user, so they should be placed in front of the checkbox.

Content of the user agreement with the player

A Glossary should be inserted first to explain the meaning of the various terms. It is also recommended to include the following terms in the agreement:

• The player's right to withdraw money from the gaming account at any time;
• Player behavior contrary to the agreement, as well as liability for violation of the rules, for example, for fraud;
• Prohibiting the operator from withdrawing funds from the player's account, including from an inactive account;
• Prohibition to withdraw funds from the account if the player failed to verify his identity.
• No liability of the operator in the event of losses to players due to illegal actions of third parties or technical failures.  

Privacy Policy for gambling projects

The Privacy Policy is required if you process players' personal data. The regulation of this process may vary from country to country. One of the most stringent acts in terms of requirements is the GDPR (EU act). You can read about what relates to personal data and how to comply with the GDPR requirements in our other article “GDPR within the gambling business”. If you use personal data of players, you must obtain consent to this, in addition, your site must contain a Privacy Policy, which sets out the processing rules in accordance with the law. The Privacy Policy must provide for the following provisions:

• What data about the players do you use (name, date of birth, email, etc.)
• How you use the data (goals and methods)
• Rights of the subject of personal data. Most of them are provided for by law, so these rights in any case belong to the players of your platform. However, if you write them down in the Policy, it will be more convenient for the users themselves. For example, the right to copy personal data, the right to withdraw your consent to their processing, the right to demand the deletion of personal data.
• Disclosure of personal data. These cases must be exceptional, at the request of public authorities or in the event of a merger with another company.

Cookies for gambling projects

A cookie is a file that is stored on the user's hard drive. Many sites collect cookies and use them for faster and more user-friendly navigation on the site, as cookies allow you to remember information about the user. Gambling is no exception. In order to greet a player by name, cookies are also required.

Information about cookies can be contained both in the user agreement and in the Privacy Policy. 

AML / KYC Policy of gambling projects

These rules are relevant for financial transactions. Since gambling activity is directly related to this, it is necessary to provide for these documents.

KYC (Know your customer). To meet this requirement, organizations should identify their customers. The identification procedure can be carried out always or when a certain limit is exceeded. This allows you to track transactions. As part of a gambling project, KYC can solve two problems

1. confirmation of age, since there are age restrictions in countries for participation in gambling activities;
2. checking the source of the player's funds so that players do not spend more than they can afford. 

AML (Anti-money laundering). This regulation is directed against money laundering. In gambling, the risk of breaking the rules is higher. Laundering can take place in two ways:

1. funds from criminal activity are “cleared” using the gaming platform;
2. money from illegal activities is used to sponsor gambling.

Within the framework of the AML policy, it is possible to prescribe methods of protection against money laundering on a specific platform. For example, identifying players and checking if they have a criminal record. A more difficult option is to check the sources of funds for specific players.

Thus, for the implementation of gambling activities, it is necessary to develop many documents. Some of them are mandatory, while careful development will reduce the risks of prosecution by public authorities in the future. Our team of A4 Law Firm lawyers is ready to help you arrange the necessary documents for a more successful gambling project.