Online Gaming Tender: Agency Answers 37 Key Questions from Operators
The deadline for submitting bids for the online gaming tender is set for May 31, 2025. In the meantime, industry operators are actively sending their inquiries to the Customs and Monopolies Agency (Adm). Following the Frequently Asked Questions (FAQs) published on their website on March 13, Adm has released a new set of answers.
This latest update addresses 37 specific questions raised by potential bidders. Here’s a breakdown of some of the key clarifications provided by Adm:
User Registration and Special Characters
Question: Does the platform accept special characters not found in the Italian alphabet during user registration?
Answer: While some difficulties may arise with special characters, technical support from Consip S.p.a. can directly intervene to make necessary corrections. Foreign users encountering issues should contact verificautentiesteri@consip.it.
Concession Identification Number
Question: If an existing online gaming concession holder wins the new concession, will they be assigned a different identification number?
Answer: Yes.
Digital Domicile Requirement
Question: How can an operator without a legal or operational headquarters in Italy, and therefore not registered in the Business Register, meet the digital domicile requirement?
Answer: Cross-border candidates based in the European Economic Area must possess a qualified certified electronic delivery service address as per the eIDAS Regulation.
Technical Report Responsibility
Question: Should the technical report be prepared by the candidate concessionaire, the auxiliary company, or a third party?
Answer: The technical report must be certified by an independent third party. If the requirement is met through a support agreement, the report will demonstrate the auxiliary company’s compliance.
Website Domain Ownership
Question: Can the website domain be registered under a company within the same corporate group as the concessionaire, used exclusively by the concessionaire under an intragroup license or support agreement?
Answer: No. The concessionaire must own and manage the website and the domain, with the “.it” Top Level Domain, as per regulations.
Website vs. Domain Ownership
Question: Does the ownership requirement apply only to the internet domain or also to the website itself?
Answer: The concessionaire must own both the website and the domain.
ISO Certifications and Technical Reports
Question: If a candidate holds Uni En Iso 14001:2015 and Uni Cei En Iso 50001:2011 certifications, is a technical report still required?
Answer: Yes, a technical report is still mandatory. The certifications can be used as evidence for the third party preparing the technical report.
Compliance with Social Requirements
Question: What normative references should be followed to comply with Article 7.3.1 c), given that Uni/PdR 125:2022 certification is insufficient?
Answer: Compliance requires demonstrating the use of smart working, flexible work schedules, welfare programs, mobility management, and diversity management. A technical report is required.
Companies Without Employees
Question: Can a company without employees participate in the tender?
Answer: Yes, the technical report should state the company has no employees and commit to meeting requirements if employees are hired in the future.
Gender Equality Reporting
Question: What documentation is required regarding gender equality for a candidate with over 50 employees based in Malta, with a secondary office in Italy with fewer than 15 employees?
Answer: A gender report on the situation of male and female personnel in each profession, covering hiring, training, promotion, and compensation, is required. The report should cover the year preceding the application.
Responsible Gaming Policies
Question: What should be included in the technical report on responsible gaming policies?
Answer: The report should detail the company’s responsible gaming policy, how it implements the minimum measures outlined in Article 7.3.1. letter d), and how it addresses the criteria in Article 20, paragraph 1 of the Convention.
Predictive Analysis Tools
Question: What are predictive behavioral analysis tools for identifying potential problem gambling risks?
Answer: Predictive analysis uses historical and current data to forecast future behaviors. It helps acquire information on player behavior and prevent pathological behaviors.
Requirements for Auxiliary Companies
Question: What requirements must an auxiliary company meet?
Answer: The auxiliary company must possess the requirements for which the candidate is using the support agreement. They must also declare these requirements in their Single European Procurement Document (ESPD).
Service Contracts vs. Support Agreements
Question: Can a concessionaire use service contracts with third-party software houses without a support agreement?
Answer: Service contracts and support agreements are different. Service contracts are for procuring necessary goods and services, while support agreements involve making technical and human resources available for the duration of the contract. The concessionaire is ultimately responsible for all activities.
Financial Soundness Requirements
Question: When must the financial soundness requirements be met?
Answer: The financial soundness requirements must be met at the time of participation and maintained throughout the concession.
Definition of “Fixed Assets”
Question: What is the definition of “fixed assets” for calculating the asset coverage ratio?
Answer: “Fixed assets” include all tangible and intangible assets, net of depreciation, excluding goodwill.
Definition of “Fixed Liabilities” and “Net Financial Position”
Question: What are the definitions of “fixed liabilities” and “net financial position”?
Answer: “Fixed liabilities” are medium and long-term liabilities. “Net financial position” is the difference between a company’s total financial debts and its liquid assets.
Financial Soundness of Controlling Company
Question: Can the financial soundness requirement be met by the controlling company?
Answer: Yes, the requirement can be met by the controlling company, with appropriate documentation.
Investment Plan Content
Question: What investments are considered appropriate for the investment plan?
Answer: Investments in technological upgrades, gaming security, and combating problem gambling are considered appropriate. Investments should improve site performance and address responsible gaming measures.
UNI EN ISO 26000:2020 Certification
Question: Is a final certificate from an accredited body sufficient for UNI EN ISO 26000:2020?
Answer: Yes.
ISO 27001:2024 Certification
Question: Does Uni En Iso 27001:2024 certification coincide with Iso 27001:2022 Amendment 1.2024?
Answer: No. Uni En Iso 27001:2024 refers to the Italian/European version of Iso 27001, updated to include international modifications.
ISO 9001:2015 Certification
Question: Which production processes should the ISO 9001:2015 certification refer to?
Answer: ISO 9001 establishes general requirements that must be adapted to specific sector needs. It is not sufficient to produce the certification of the auxiliary company if the support agreement is only for technical-infrastructural capacity.
Guarantee Reductions
Question: Can the candidate benefit from guarantee reductions if using support agreements for certifications?
Answer: Yes.
Technical Offer Documents
Question: Are only two documents required for the technical offer?
Answer: Yes, a technical report from a third party and a technical report on responsible gaming policies are required.
Website Logo and Information
Question: What information must be displayed on the website?
Answer: The website and apps must display the logo, concession identification code, and required information.
Investment Plan and Technical Requirements
Question: Can investments for adapting to new technical requirements be included in the first two-year investment plan?
Answer: Yes, including labor costs, provided there is a correlation between the expenses and the new technical requirements.
Scope of Investment Plan
Question: Should the investment plan consider only online gaming or other business activities?
Answer: The investment plan should only refer to the online gaming concession.
Investments Made Before Concession
Question: Can technological investments made before the concession be included in the investment plan?
Answer: Yes, if they produce effects during the first two years of the concession and are related to the required technological upgrades.
Sustainability Indicators for Investment Plan
Question: How can the sustainability of the investment plan be demonstrated?
Answer: A specialized third party should identify the indicators that demonstrate the sustainability of the financial plan.
“Gaming Security” Scope
Question: What is the scope of “gaming security”?
Answer: “Gaming security” ensures compliance with technical rules and standards for conformity checks and audits.
Technical Reports
Question: Is the technical report required in the administrative verification different from the one required for the tender?
Answer: Yes.
Registration of Recharge Points
Question: Why does the convention not mention holders of monopoly licenses authorized to collect public games?
Answer: This is a clerical error and the convention will be updated to include them.
Activation of Concessionaire System
Question: When must the concessionaire system be active?
Answer: The system must be active within six months of the concession release.
Verification and Certification of Games
Question: Which existing certifications can be maintained in the new concession?
Answer: The concessionaire must request a technical conformity check from an Adm-approved body.
Payment Methods
Question: How can the concessionaire provide withdrawals with the same value date as the request?
Answer: The concessionaire must implement technical and administrative measures to ensure the beneficiary receives the same value date.
Game Application vs. Game
Question: What is the difference between a game application and a game?
Answer: A “game application” refers to the “game,” while “various games” refers to the games that are the object of the concession.
Ownership of Gaming Platform
Question: Must the gaming platform be owned by the concessionaire?
Answer: No, it is not required that these components be owned by the concessionaire. The use of the gaming platform or the gaming account system made available by third parties through a license agreement is possible.
Stay ahead of the game in the licensed betting world – get the latest insights at LicensedBettingSites.com.
