May 11, 2023

The Importance of a Checkbox

In a previous article, EM Group informed you about the benefits to add certain recommended provisions in your Terms and Conditions and recommended also to add a checkbox feature in the registration process. This would enable you to have clear records that prospective players have given consent to the Terms and Conditions prior to playing on your website.

The benefit of an active consent to the acceptance of Terms and Conditions is to ensure that the scope of the agreement between the player and the operator is clear and not easily disputed. As mentioned in earlier articles, acceptance of Terms and Conditions cannot easily be assumed by the mere registration of a player on your website. Please note that the applicability of the Terms and Conditions is rather important in various topics such as maximum winnings, double accounting and such, as these matters are not directly mentioned in the Curaçao Civil Code.

As an addition to the active consent checkbox feature, we have noticed that the privacy policy of some of our client operators is not up to par with our recommendations on this topic. We notice more and more that player data is often perceived as a transferable asset by our clients. Especially with European-based players (despite their nationality), it is imperative that consent is received. Instead of requesting consent at that moment, you can also include a paragraph about consent of the player in your privacy policy on your website. We will gladly assist you with drafting such paragraphs.

Also, to be able to state that prior consent of the players has been obtained, we advise you to amend the checkbox feature to include a reference to your privacy policy.

Checkbox feature

Using a checkbox means a player must take action and click to express that they agree to your documents and statements. It enables you to capture and record their consent in case players or regulators ever ask questions about your practices. Obtaining explicit consent benefits you as an operator during disputes and can overturn claims from players.

It is advisable to place the checkbox as part of the player registration.

Using a checkbox means a player must take action and click to express that they agree to your documents and statements. It enables you to capture and record their consent in case players or regulators ever ask questions about your practices. Obtaining explicit consent benefits you as an operator during disputes and can overturn claims from players.a

If you need further information on this matter, please do not hesitate to reach out to our iGaming Compliance Department or our Director iGaming Compliance Cindy Drommond. They can be reached at [email protected] or via [email protected].

Written by Cindy Drommond & Arran McCarthy

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