Gambling

Order defining the reference framework for the prevention of excessive or pathological gambling and the protection of minors

The draft Order specifies the terms of application of the obligations of operators, casinos and gaming clubs for the prevention of excessive gambling and underage gambling. It is made pursuant to Article 12 of Order No 2019-2015 of 3 October 2019 reforming the regulation of gambling and amending point IX of Article 34 of Law No 2010-476 of 12 May 2010 on the deregulation and control of the online gambling sector, and provides in particular that:

‘IX - An order of the Minister for Health, acting on a proposal from the National Gambling Authority [ANJ], shall define a framework for the prevention of excessive or pathological gambling and the protection of minors aimed at operators holding exclusive rights, online gambling or betting operators, casinos and gaming clubs. […]’. Its sole article refers to its Annex, which sets the reference framework for the prevention of excessive or pathological gambling and the protection of minors. Its purpose is to define the terms enabling operators to comply with the obligations in this area set by law.
The Annex to the draft Order sets out the themes of the main obligations set by the new legal framework for regulating gambling in France in terms of the prevention of excessive or pathological gambling and the protection of minors, for which the reference framework aims to specify the terms of application: preparation and submission of annual action plans relating to the prevention of excessive or pathological gambling and the protection of minors; design of gambling offerings; promotion of gambling offers; protection of minors; gambling moderation and protection mechanisms available to players; warning messages related to the risks of excessive or pathological gambling; identification; and support for excessive or pathological gamblers; training and internal organisation.
Finally, it includes a rendez-vous clause which provides for an initial assessment of the implementation of this framework one year after its entry into force.
As provided by law, the framework also includes enhanced obligations for operators with exclusive rights. These relate to four themes: design of gambling offerings; promotion of gambling offerings; protection of minors; identification of and support for excessive or pathological gamblers. In addition, to ensure harmonisation and support for improving operator practices, recommendations and examples of good practice supplement the implementation guidelines, where applicable.