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The ANJ has called for operators to provide proof rather than act on suspicion alone. The guide outlined the types of evidence and “converging indicators” (faisceaux d’indices) that French courts have accepted in previous litigations, including IP addresses, device logs and connection timings.
Operators were encouraged to take several practical steps, including enhancing terms and conditions, maintaining robust evidence and uptaking technical standards.
They have also been advised to thoroughly review their Know Your Customer, fraud detection protocols and contractual terms to reflect the guide’s recommendations.
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UK operators already carry out enhanced checks on politically exposed persons (PEPs), but this case shows the limits of those safeguards, Bethan Lloyd, partner at law firm Wiggin, recently told iGB.
“PEP status does not prevent someone from gambling,” Lloyd explained. She said PEPs are entitled to bet, but not on events where inside information gives them an unfair advantage.
A low ranking MP or parliamentary aide is unlikely to meet the threshold for PEP status. She argued it would place an onerous burden on operators to verify every customer’s occupation.
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Peter Kesitilwe, CEO of the AiA, added: “SmartSoft already has significant exposure to African markets, and we look forward to working with their team on issues ranging from B2B licensing and market access to responsible gaming, channelisation and sustainable regulation.”
The AiA said this was the latest example of its objective of bringing industry stakeholders into “constructive dialogue” as Africa’s gambling market develops.
“Our aim is to create an environment in which regulators, operators and suppliers can engage constructively on the opportunities and challenges facing the industry across the continent,” Kesitilwe stated.
