The Gambling Commission’s advice note “What is gambling software?” explains that, “Where the third party is only providing part of a game, such as artwork, under the control and design specifications of Company Y, then this indicates Company Y is in control and is the entity to hold a gambling software licence whereas the third party does not” (para 4.13). This equally applies to those that provide other aspects of the overall game for example sound effects and language translation services.

Intellectual property relating to gambling software is only one of the factors that is relevant to understanding where control of the product sits. There are also other factors that are relevant when considering who needs a gambling software licence for example who is responsible for the design and functionality of the software and what the contract says in terms of responsibilities and liabilities. One relevant activity caught by Section 41 of the Gambling Act 2005 is adaptation, and so the person who actually undertakes that adaptation will need to be licensed.

Intellectual property relating to gambling software is only one of the factors that is relevant to understanding where control of the product sits. There are also other factors that are relevant when considering who needs a gambling software licence for example who is responsible for the design and functionality of the software and what the contract says in terms of responsibilities and liabilities. One relevant activity caught by Section 41 of the Gambling Act 2005 is adaptation, and so the person who actually undertakes that adaptation will need to be licensed.

The Commission has held a number of meetings with software suppliers and users to discuss matters such as the length of time for suppliers to obtain the necessary licences. On current plans the requirement for licensed remote gambling operators to source their gambling software from Commission licensed gambling software businesses has been deferred until 30 January 2015. In addition, the Commission has published an advice note titled ‘What is gambling software?’. The Commission has also demonstrated its awareness of the commercial implications of its requirements by its willingness to contemplate ‘umbrella’ licensing arrangements in some circumstances.

The Gambling Commission has no immediate plans to add to the guidance already given, but will add answers to any specific questions or points that may emerge in the Commission’s Frequently Asked Questions blog.

The Gambling Commission has identified significant differences between its own auto-play requirements and those currently available to British consumers from operators based in other jurisdictions where they can currently offer gambling to the British market. The Commission is currently consulting on improvements to auto-play requirements and wanted to avoid unnecessary investment by operators to change their auto-play functionality whilst this is underway. There has been no concession in relation to the technical standard on clock display.

The consultation on minor updates and amendments to the Commission’s statement of principles for licensing and compliance ending on 30 September 2014, does not affect the timetable for applications for gambling software licences.

The Remote Gambling and Software Technical Standards clearly differentiate between requirements which are mandatory and those provisions which are guidance. The Government has not received any communication from businesses about the guidance.

The Gambling Commission does not publish the reasoning behind all licence decisions, only those where there is a public interest in doing so. There are no plans to change this process.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.

The Gambling Commission’s publication ‘What is gambling software?’ (June 2014) provides advice to assist the industry in understanding who needs a gambling software licence. This covers what constitutes the activities of manufacturing, supplying, installing and adapting gambling software, considers circumstances where multiple parties are involved in the development process and who needs a licence. The guide can be found at the following link:

http://www.gamblingcommission.gov.uk/pdf/What is gambling software - June 2014.pdf

The requirement to obtain gambling software from Gambling Commission-licensed providers is an important provision both to ensure the integrity of gambling software and to keep crime out of gambling, and ensures a consistent approach for remote gambling operators based in Britain and overseas. This requirement is set out in the Commission’s Licence Conditions and Codes of Practice and was subject to statutory consultation this year.