EVIDENCE-BASED REGULATION
based entirely on what has been done elsewhere.
emphasis on restrictions implies that jurisdiction not replicating these measures are less secure in terms of responsible gaming. This completely overlooks the importance of data-driven and context-specific policies. Over-legislation in prohibiting gambling advertising or responsible gaming tends to sideline crucial areas that merit regulation or enhancement. One noteworthy aspect being neglected is the industry’s adaptation to technological advancements. The ongoing progress in technology offers immense potential for the gaming industry, yet regulatory efforts seem disproportionately focused on restrictions rather than fostering healthy innovation and growth. Furthermore, these restrictive regulations often disregard the interests of the key stakeholders in the industry, namely the gaming companies and operators. There is a glaring lack of legislation designed to safeguard the interests of these entities striving to create a healthy gaming environment. A pertinent example is the issue of fraudulent gaming, where operators find themselves without sufficient legal support to combat fraudulent players, revealing a significant regulatory gap. In essence, it is imperative to recalibrate regulatory strategies, embracing a more flexible and inclusive approach that considers the industry’s multifaceted dynamics. Such an approach should be rooted in data-driven policies tailored to individual country needs, ensuring a regulatory environment that not only promotes responsible gaming – which is undoubtedly crucial and necessary – but also supports innovation, growth, and the overall health of the gaming industry.
A strict system of joint deposit limits was enforced by Germany in 2021, leading major online gambling operators to exit the German market altogether. Consequently, the market has transformed into a marginal and unattractive space for such operators. A similar scenario unfolded in Sweden, where the implementation of joint deposit limits disrupted the market dynamics to such an extent that the number of players resorting to unregulated websites skyrocketed. In both the German and Swedish cases, the impact on responsible gaming is negligible at best, and likely overwhelmingly negative. This pattern prompts the question of why states persist in replicating legislative measures without exerting the slightest effort to analyze the appropriateness of the measure in the specific country where it is intended to be implemented. Even with an awareness of the implications, we once again observe countries replicating regulations without addressing the specific needs or consequences of such measures. This trend raises concerns about the potential lack of adaptability and consideration for the unique challenges each jurisdiction faces, emphasizing the importance of a nuanced and context-specific approach to policy making. Conclusion In conclusion, the growing trend of jurisdictions adopting measures previously implemented in other countries raises serious concerns. The
MARTA DE FRANCISCO Associate, Ansensi Abogados For information contact
marta@asensi.es +34 620 729037
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IMGL MAGAZINE | JANUARY 2024
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