UKGC: No Formal Affordability Guidance for Operators Pre-2018
Freedom of Information request reveals a less prescriptive regulatory landscape for online gambling between 2014 and 2018.
A Freedom of Information response from the Gambling Commission has confirmed that no formal guidance on affordability or vulnerability was in place for remote operators between 2014 and 2018. The disclosure highlights how player protection rules have evolved, with operators at the time governed by broader social responsibility codes.
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A Freedom of Information (FOI) response from the UK Gambling Commission (UKGC) has revealed that the regulator held no formal guidance for remote gambling operators on key player protection topics, including affordability and vulnerability, between 2014 and 2018.
The request, dated 11 August 2023, asked the UKGC to confirm what formal guidance was in place during that four-year period concerning affordability, customer vulnerability, personal circumstances, and staff roles in customer interaction.
In its response, the Commission stated plainly: "Between 2014 and 2018 the Gambling Commission did not have formal guidance in place in relation to the areas of affordability, vulnerability, a customer’s personal circumstances, customer led contact and the role of staff."
What Rules Were in Place?
This disclosure provides crucial context for consumers about the evolution of gambling regulation. While specific guidance on these topics was absent, operators were still bound by the Licence conditions and codes of practice (LCCP), which has been in place since 2007.
The primary rule governing player safety at the time was Social Responsibility Code 3.4.1, which focused on 'Customer Interaction'. Following a consultation in 2014, this code was amended in 2015 to strengthen requirements. The updated code mandated that operators must implement policies and procedures for interacting with customers showing signs of potential gambling harm.
These policies were required to include:
- Identifying at-risk customers who may not show obvious signs of harm, using indicators like time or money spent.
- Specific provisions for interacting with customers designated as ‘high value’ or ‘VIP’.
- Clear procedures for staff training and for escalating concerns to management.
- Circumstances under which an operator should consider refusing service or barring a customer.
Alongside the mandatory social responsibility code, the UKGC also introduced a new 'ordinary code' (3.4.2). This encouraged operators to share best practices, keep detailed records of customer interactions, and provide regular staff training.
Why This Matters for Consumers
The FOI response highlights the significant shift in the UK's regulatory approach over the last decade. The framework between 2014 and 2018 was less prescriptive than it is today, relying on operators to develop their own policies to meet the broader outcomes of the LCCP.
Since 2018, the UKGC has introduced much more detailed guidance and stricter requirements, particularly around identifying and protecting vulnerable customers and conducting affordability assessments. This historical information is vital for understanding the specific rules that applied to operators during that period, which may be relevant for consumers reviewing their past interactions with gambling companies.