In the context of increasing the number of casinos and sports betting rooms, as well as the offer to participate in such online games, the representatives of the National Gambling Office pay special attention to the way in which operators ensure the prohibition of minors from participating in gambling.
The provisions of art. 7 para. 1) of the GEO no. 77/2009, on the organization and operation of gambling, provide for the prohibition of minors to participate in gambling, and the condition of adulthood is one of the defining elements for the notion of the participant in gambling:
Participating in gambling means any natural person of legal age, at least 18 years of age, who wishes and has the legal right to participate in authorized gambling under the conditions of this emergency ordinance and specific regulations. Participation in the game implies unconditional acceptance of the rules of that game of chance.
Moreover, in art. 7 para. 3) reiterates the importance of implementing the ban applicable to minors, as follows:
Minors’ access to gambling venues and their participation in any type of gambling is prohibited.
The licensed organizers have the task to put into practice these restrictions, the obligation is regulated by the provisions of art. 8 paragraph 5 of the Methodological Norms for the implementation of the Government Emergency Ordinance no. 77/2009 (…): The organizers are obliged to prohibit the access of minors to specialized venues for gambling, to the means of play, or to computer systems that allow participation in gambling. In order to establish the right to participate in the game of chance, the organizers may require participants to present an identity document.
Thus, the organizers of gambling are obliged to adopt their own measures for the effective application of the ban on minors to participate in gambling, by prohibiting their access to specialized locations.
In most cases, in practice, the measures adopted by the organizers, to verify the identity of each person suspected of being a minor, have often proved ineffective, the licensed organizers being sanctioned following the subjective analysis by the persons responsible of the criteria. the basis establishes the need to apply measures to verify the age of the persons on the premises.
We are convinced that the licensed organizers complied with the requirements, and the access of minors to specialized locations for gambling was limited, with the application, in addition to pecuniary sanctions of complementary sanctions, namely that of suspending the activity for a period between one month and 6 months.
In the case of online gambling operators, we have a special situation, given that the measures adopted by this category of operators in order to implement the ban must be compatible with the possibility provided by law, limited participation in gambling on specialized platforms before the identity verification procedure is completed.
Thus, online gambling organizers must not allow the registration of gambling accounts in the case of minor users and visibly display the applicable ban.
In this situation, the organizer will be able to know that the registered user has violated the applicable ban only after the submission of documents proving the accuracy of the data provided when registering the game account, stage in which the game account is closed.
Depending on the legal regime applicable to the activity carried out on the minor, the amounts existing in the game account must be transferred by the organizer, as follows:
- will be reimbursed to the holder (minor), taking into account the fact that they cannot have the quality of participant in gambling
- will be retained and transferred to the state budget, taking into account the intention to defraud the legal provisions.
Given that the natural person does not have full capacity, the sanction imposed is that of the absolute nullity of all acts performed by it.
By applying the sanction of absolute nullity, all acts performed by the minor or the incapacitated person are considered null and void, the parties being reinstated before the illegal act, including the amounts deposited for participation in gambling, to be returned by the organizer.
Given that the natural person does not have full capacity, the sanction imposed is that of the absolute nullity of all acts performed by it.
By applying the sanction of absolute nullity, all acts performed by the minor or the incapacitated person are considered null and void, the parties being reinstated before the illegal act, including the amounts deposited for participation in gambling, to be returned by the organizer.
The National Office for Gambling recommends to the organizers of gambling to take into account that the participation of the minor in gambling is a violation of legal provisions (art. 7 paragraph 3 of GEO 77/2009) and, consequently, in applying the provisions of art. 133 para. 1 point i) of the Rules and to order, the closure of the game account, the withholding, and transfer of the existing amounts in the game account to the state budget.
This recommendation of the ONJN will ensure in the long run the reduction of the number of people who will try to bypass the ban.
