The Rules of the Game and the Internal Rules – the special part

The gaming regulation and the internal regulation – the special part, proposed by the gambling organizers and approved by the Supervisory Committee of the National Office for Gambling, are mandatory documents when granting the exploitation authorization, for each type of gambling, which follows be organized and exploited.

The Supervisory Committee of the National Gambling Office, after analyzing the Gambling Regulations and the special part of the Internal Regulations, may decide as follows:

1. To approve one or both of the documents, as proposed by the organizer;
2. To approve, one or both documents, in the form modified by the Supervisory Committee of the National Office for Gambling;
3. To reject, motivated, one or both documents, asking the organizer for new proposals, in order to comply with those requested by the rejection decision.

I. The rules of the game

The gaming rules are defined, in the special regulation of gambling, as – the set of rules, rules, procedures issued by the gambling organizer and approved by the Supervisory Committee of ONJN, which regulates the way the gambling activity is conducted between the organizer and the participant. Any modification thereof is applicable to the participant in the game only after the approval of the Committee;

From the above definition it is clear that the Gaming Rules is the legal document under which all the practical operations of gambling are carried out, the provisions of the special regulations as well the general or common regulations are implemented, all these clauses in the regulation becoming, in this way, opposed to both the organizer and the player.

Moreover, the special regulation expressly provides that the participation in the game implies the unconditional acceptance, by the player, of the regulation of the respective gambling and therefore, in my opinion, its content should not lack the way of putting into practice the legal provisions, special and general, with synthetic reference to:

• the identification data of the gambling organizer and the fact that it fulfills the legal conditions for organizing and exploiting that type of game;
• presentation and description of the main means of play, legally certified by technical control, made available to the player, dedicated equipment and description of specialized locations;
• the auxiliary means of play, constituting financial means that compete in the organization and operation of the game, the conditions and the way to purchase them;
• the legal right to participate in the game;
• the special mention that the access of minors to the specialized locations for conducting gambling, as well as their participation in any type of gambling, is prohibited;
• the special mention that it is forbidden to participate in traditional gambling for persons who do not hold valid identity documents;
• the stake of the game and, if applicable, how to set up the prize funds from the participation fee in the game;
• description of the random selection mode of the results of the events that are the object of the game, regardless of how they are produced or if they are based on the results of events or contests that will occur without the involvement of the organizers;
• approval of the results;
• validation of winnings;
• validation of the auxiliary means of gambling (chips, coupons, tickets, impulses, etc.) to prove the winnings and which are presented material in order to settle the net value of winnings;
• payment terms;
• withholding tax on profits, by stopping at source, the documents required for the processing of personal data, in order to submit the informative declarations provided by law and any processing, in legitimate interest, with the limitation to the cases provided by the EU Regulation:
  1. the data subject has given his consent for the processing of his personal data for one or more specific purposes;
  2. processing is necessary for the execution of a contract to which the data subject is a party or to make requests at the request of the data subject before the conclusion of a contract;
  3. processing is necessary in order to fulfill a legal obligation of the operator;
  4. processing is necessary to protect the vital interests of the data subject or of another natural person;
  5. the processing is necessary to fulfill a task that serves a public interest or which results from the exercise of the public authority with which the operator is invested;
  6. the processing is necessary for the purposes of the legitimate interests pursued by the operator or a third party, unless the interests or fundamental rights and freedoms of the data subject prevail, which requires the protection of personal data, especially when the data subject is a child.
• measures regarding the implementation of the provisions of the Law for preventing and combating money laundering and terrorist financing, with a description of the operations to be carried out regarding:
  1. the report for suspicious transactions;
  2. transactions with amounts in cash, in lei or in foreign currency, whose minimum limit represents the equivalent in lei of 10,000 euros;
  3. standard customer knowledge measures that allow the identification of the client and verification of his identity based on documents, data or information obtained from credible and independent sources, including by means of electronic identification when collecting the winnings, when buying or exchanging tokens when transactions are performed whose minimum value represents the equivalent in lei of at least 2,000 euros, through a single operation.

II. Internal regulations – the special part

The obligation of drawing up the Internal Regulation, according to the Labor Code, rests with the employer, after consulting the union or the employees’ representatives, it is made known to the employees through its care and produces its effects on the employees from the moment of their knowledge having the obligation to display it at the registered office.

Therefore the obligation to inform the employees, regarding the content of the internal regulation, must be fulfilled by the employer.

The by-laws must include at least the following categories of provisions:

1. rules regarding protection, hygiene and safety at work within the unit;
2. rules regarding the observance of the principle of non-discrimination and the removal of any form of violation of dignity;
3. the rights and obligations of the employer and the employees;
4. the procedure for solving the requests or the individual complaints of the employees;
5. concrete rules regarding the discipline of work in the unit;
6. the disciplinary deviations and the sanctions applicable;
7. rules regarding the disciplinary procedure;
8. the modalities of application of other specific legal or contractual provisions;
9. criteria and procedures for the professional evaluation of employees.

As a result of the provisions of point 8 from above, as well as of the special provisions regarding the regulation of gambling, the organizers of gambling must draw up, in order to authorize the activity, the special part of the Internal Regulation, with specific content for the type of game of luck for which authorization is requested.

In this sense, the Methodological Norms, for the implementation of the gambling legislation, define the Internal Regulations – the special part, as: the set of rules, rules and procedures applicable in the activity of the organizer of gambling, in which the individual responsibilities and competencies of the employees involved in conducting specific gambling activities.

It is also stipulated here that the Internal Regulation will be structured in two parts, a general one in which the mandatory provisions will be mentioned according to the labor law and a special one, in which the responsibilities and individual competences of the employees directly involved in the games activity will be mentioned. luck.

This special part is subject to approval by the ONJN Supervisory Committee. Any changes to the special part of the bylaws will be approved by the Supervisory Committee.

In the Internal Regulations – the special part – regarding the organization and conduct of the activity – will be specified in detail: the tasks and attributions of the personnel, the financial-accounting records system, the way of ensuring the security of the documents, the values, as well as the location where the server is located.

From the content of the Internal Regulations – the special part, in my opinion, must not lack the way of putting into practice the special and general legal provisions, with synthetic reference to:

• • description of the organizational chart, the way of organizing and ranking the personnel, specific to the activity of the organizer of the gambling game;
  • the functions of the persons responsible for making available to the player the equipment dedicated to the respective gambling;
  • to whom it is the responsibility of making available to the player the auxiliary means of play, constituting financial means that competes in the organization and operation of the game, the practical description of the conditions and the way to obtain them;
  • the responsibility regarding the prohibition of the access of minors in the specialized locations for the conduct of gambling, as well as the prohibition of their participation in any type of gambling;
  • the responsibility regarding the prohibition of the participation in traditional gambling of the persons who do not have valid identity documents on them;
  • the responsibility for establishing the stake of the game and, if necessary, establishing the prize funds, by categories, from the participation fee in the game;
  • the responsibility regarding the approval of the results;
  • the responsibility regarding the validation of the winnings;
  • the responsibility regarding the validation of the auxiliary means of gambling (chips, coupons, tickets, impulses, etc.) to prove the winnings and which are presented material in order to settle the net value of winnings;
  • responsibility for payment terms;
  • the responsibility regarding the withholding tax on the profits, by stopping at the source, the documents requested for the processing of personal data, in order to submit the informative declarations provided by law and any processing, in legitimate interest, with the limitation to the cases provided by the EU Regulation:
    1. the data subject has given his consent for the processing of his personal data for one or more specific purposes;
    2. processing is necessary for the execution of a contract to which the data subject is a party or to make requests at the request of the data subject before the conclusion of a contract;
    3. processing is necessary in order to fulfill a legal obligation of the operator;
    4. processing is necessary to protect the vital interests of the data subject or of another natural person;
    5. the processing is necessary to fulfill a task that serves a public interest or which results from the exercise of the public authority with which the operator is invested;
    6. the processing is necessary for the purposes of the legitimate interests pursued by the operator or a third party, unless the interests or fundamental rights and freedoms of the data subject prevail, which requires the protection of personal data, especially when the data subject is a child.
  • the responsibility regarding the measures for the implementation of the provisions of the Law for the prevention and combating of money laundering and terrorist financing with the description of the operations to be carried out regarding:
    1. the report for suspicious transactions;
    2. the report on transactions with amounts in cash, in lei or in foreign currency, whose minimum limit represents the equivalent in lei of 10,000 euros;
    3. standard customer knowledge measures that allow the identification of the client and the verification of his identity based on documents, data or information obtained from credible and independent sources, including by means of electronic identification when collecting the winnings, when buying or exchanging tokens when transactions are performed whose minimum value represents the equivalent in lei of at least 2,000 euros, through a single operation.