As a further guide to interpretation, this paper includes the following two lists:
- List 1: list of services which fall within the definition and
- List 2: list of services that do not fall within the definition
Methodology
The criteria that have been used to establish which services are "related to gambling" were determined on the basis of whether the particular service is:
- strictly required, related and essential; and
- forms part of the on-line gaming transaction itself; and
- in respect of which transaction the company is licensed in terms of the Remote Gaming Regulations, 2004.
A number of services that are typically acquired by gaming companies have been identified and each such service was appraised against each part of the definition. Services which fall within the on-line gaming transaction itself are considered to fulfill all three parts of the definition. A gaming transaction necessarily involves the cycle covering the activities where the player registers with a gaming company, funds the accounts, plays the game and cashes out.
Conversely, services that do not form part of the gaming transaction itself but support the gaming infrastructure that acts as the delivery mechanism of the game to the remote player and the administrative operations of the gaming company do not meet the above criteria.
The lists are intended to cover a significant part of the typical services acquired by remote gaming companies. However, it is not exhaustive. There may be services which do not clearly fall under the headings contained in the two Lists. In such cases, remote gaming companies may present to the LGA the specific characteristics of the particular service, the circumstances in which it is acquired, and how and why it meets the above criteria resulting in it falling within or outside the definition. Where the LGA considers that this service may also be acquired by other operators, reference to the type of service may be made in the appropriate List.
List of Services
| Services that are considered to be strictly, required, related and essential, and
which form part of the on-line gaming transaction itself and in respect of
which transaction the company is licensed in terms of the Remote Gaming Regulations,
2004 |
Guidance Note |
Services that are not considered to be strictly, required, related and essential, and which form
part of the on-line gaming transaction itself and in respect of which
transaction the company is licensed in terms of the Remote Gaming
Regulations, 2004 |
Guidance Note |
| A1.0 Fraud Prevention |
|
B1.0 Marketing |
|
| A1.1 Identification and Verification of Players |
|
B1.1 Advertising |
|
| A1.2 KYC Services |
|
B1.2 Promotional Material |
|
| A1.3 System Hardening Software |
|
|
|
| A1.4 Player anti-fraud Management Services |
|
B2.0 Technical and Hardware Supply Services |
|
| A1.5 AML Procedures |
|
B2.1 Hosting |
|
| A1.6 Payout Management Services |
|
B2.2 Connectivity and Telecommunications |
|
|
|
B2.3 DRP and BCP Provision |
|
| A2.0 Game |
|
B2.4 Hire of IT Equipment |
|
| A2.1 Integrity Checks |
|
B2.5 Hardware Maintenance and Support Services |
|
| A2.1.1 Game Logic and Integrity Checks |
|
|
|
| A2.1.2 RNG Testing |
|
B3.0 Telecommunications |
|
| A2.1.3 Sport Integrity Checks |
|
B3.1 Telephony |
|
| A2.2 Gaming Software |
|
B3.2 Mobile Telephony |
|
| A2.2.1 Gaming Software Licensing Fees/Purchase Cost |
|
B3.3 Office Connectivity |
|
| A2.2.2 Licensing Fees Purchase Cost of software that processes information related to all game/player interaction |
|
B4.0 Professional Fees |
|
|
| B4.1 Legal Fees |
|
|
|
| B4.2 Consultancy Fees |
|
|
|
| A2.2.3 Software maintenanceand support services |
|
B4.3 Management Services |
|
| B4.4 Accountancy & Audit Fees |
|
|
|
| A2.3 System Integration Costs |
|
B4.5 Administration Rent/Hire |
|
| A2.4 Game Collusion Management |
|
B4.6 Key Official Support Services |
4 |
| A3.0 Risk Management |
|
B5.0 Staff Costs |
|
| A3.1 Event Management/Event Purchase |
|
B5.1 Staff Recruitment Fees |
|
| A3.2 Odds Management/Odds Purchase |
|
B5.2 Staff Retention |
|
| A3.3 Results Management/Results Purchase |
|
B5.3 Training |
|
| B5.4 Welfare Services |
|
|
|
| A4.0 Player Support |
|
|
|
| A4.1 Player Support Services |
1 |
B6.0 Administration |
|
| A4.2 Responsible Gaming Measures |
2 |
B6.1 Office Rent |
|
| 6.2 Repairs and Maintenance |
|
|
|
| A5.0 Intermediaries |
|
6.3 Cleaning Costs |
|
| A5.1 Intermediaries Commission |
3 |
|
|
|
|
B7.0 Other Costs |
|
| A6.0 Payment Solutions |
|
B7.1 Research and Development |
|
| A6.1 Payment Service Provider Fees |
|
B7.2 Travel and Entertainment |
|
|
|
B7.3 Attending Conferences, Seminars etc |
|
Guidance Notes
- Player Support Services: includes all services undertaken by a gaming company to support a player on matters related to the on-line gaming transaction, as from when the player logs on to the gaming system, funds the account, during a game session and cashes out, including complaints handling.
- Responsible Gaming Measures: includes all costs incurred by a gaming company with respect to affiliation/qualification with responsible gaming organizations.
- Intermediaries: includes betting agents, affiliates, skins and white labels. Such intermediaries form part of the supply chain and work as agents on behalf of the gaming company. Companies which carry out marketing activities on behalf of the gaming companies such as web forwarders are not considered to be intermediaries.
- Key Official Support Services: includes support services offered by entities to assist Key Officials in carrying out their role.
