Italian Customs and Monopoly Agency Clarifies Online Gaming Tender Requirements
The Italian Customs and Monopoly Agency (ADM) has addressed numerous questions regarding the tender for new online gaming concessions, providing clarity on various key aspects.
Through these Q&A sessions, ADM has offered detailed explanations on topics including:
- Predictive behavioral analysis tools for identifying potential risks of pathological gambling.
- Investment plans.
- The Gaming Account System and the Concessionaire’s System.
- Requirements for financial soundness.
- The identification number of the concession.
Key Questions and Answers from the ADM
User Registration and Special Characters
Question: Does the platform accept special characters not found in the Italian alphabet during user registration?
Answer: Difficulties may arise with special characters, such as those with diacritics. However, Consip S.p.a.’s technical services can directly intervene to make necessary corrections. Foreign users encountering issues should contact technical support at verificautentiesteri@consip.it.
Concession Identification Number
Question: Will an operator with an existing Italian online gaming concession, who is awarded a new concession, receive a different identification number?
Answer: Yes.
Digital Domicile for Cross-Border Operators
Question: How can an economic operator without a legal or operational headquarters in Italy, and not registered with the Register of Companies, register their PEC (Certified Email) address in the INI-PEC list?
Answer: A cross-border candidate with a legal or operational headquarters in the European Economic Area must have a qualified certified electronic delivery service address as per the eIDAS Regulation. A standard PEC address not listed in the relevant indices is insufficient.
Technical Report Requirements
Question: Must 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 certified technical report will demonstrate the auxiliary company’s compliance.
Website Domain Ownership
Question: Can the website domain be registered to a company within the same group as the concessionaire, used exclusively by the concessionaire under an intra-group license or support agreement?
Answer: No. The administrative rules and concession agreement explicitly require the concessionaire to own the website and have a domain name with the “.it” Top Level Domain.
Website vs. Domain Ownership
Question: Does the ownership requirement apply only to the domain name or also to the website itself?
Answer: The documentation requires both the website and the domain to be owned by the concessionaire.
Environmental Certifications
Question: Can UNI EN ISO 14001:2015 and UNI CEI EN ISO 50001:2011 certifications be used as proof of compliance with environmental requirements, or is a technical report still necessary?
Answer: These certifications can be used as evidence for the third-party assessor when issuing the technical report. The technical report is still required.
Social Requirements
Question: What are the regulatory references for compliance with social requirements, given that UNI/PdR 125:2022 certification is insufficient?
Answer: The requirement is broad, encompassing smart working, multi-week work schedules, assistance programs for disadvantaged categories, welfare tools, mobility management, and diversity management. A technical report is required, as PdR 125:2022 only partially satisfies the requirement.
Companies Without Employees
Question: Can an Italian capital company without employees participate in the tender and have a third party provide a negative declaration in the technical report?
Answer: Yes, the technical report must attest that the operator has no employees, with a commitment to present the required documentation if the candidate acquires employees. A declaration of absence of employees should be provided in both the administrative envelope and the FVOE (European Single Procurement Document).
Gender Equality Reporting
Question: What documentation is required from 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, related to hiring, training, professional development, levels, category changes, mobility, redundancy fund intervention, dismissals, pre-retirement, retirement, and actual remuneration, is required. The reference period should be the calendar year preceding the application.
Responsible Gaming Policies
Question: Is it sufficient to provide a report describing the company’s internal responsible gaming policy?
Answer: The report should detail how the company implements the minimum measures listed in point 7.3.1. letter d), considering the criteria outlined in Article 20, paragraph 1 of the Convention, to prevent and combat pathological gambling. Reference can be made to Article 15 of Legislative Decree 41/2024.
Predictive Behavioral Analysis
Question: What are predictive behavioral analysis tools for identifying potential risks of pathological gambling?
Answer: Predictive analysis uses historical and current data to forecast future trends or behaviors. It employs statistical techniques, machine learning algorithms, and predictive modeling to assess the probability of an event occurring. These tools, combined with protection measures, can help 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. It must also meet the requirements of Chapter 6 and declare them in its DGUE (European Single Procurement Document), commit to making resources available for the duration of the concession, and provide the support agreement and declarations.
Outsourcing and Support Agreements
Question: Can a concessionaire use a licensed Gaming Account System and manage it through a service contract without resorting to a support agreement?
Answer: Service contracts and support agreements are different. Service contracts involve procuring necessary goods and services, while support agreements involve making technical and human resources available. The concessionaire is solely responsible for all activities, even those performed by third parties.
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 in the tender and maintained throughout the concession period.
Definition of “Fixed Assets”
Question: What is meant by “fixed assets” in the asset coverage ratio?
Answer: “Fixed assets” include all immobilized assets (financial, tangible, or intangible), net of depreciation, excluding goodwill.
Definitions 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 Companies
Question: Can the financial soundness requirement be met by a company controlling the candidate?
Answer: Yes. Proof must be provided by the controlling company’s accounting control body.
Investment Plan Content
Question: What investments are considered appropriate for the investment plan?
Answer: The investment plan should include technological upgrades, game security measures, and initiatives to combat pathological gambling. However, investments limited to aesthetic improvements or ordinary management activities are not valid. Investments can be made with providers from both within and outside the European Economic Area, provided that the technological infrastructure remains within the EEA.
UNI EN ISO 26000:2020 Certification
Question: Is the final document issued by an accredited body sufficient for UNI EN ISO 26000:2020, as it is not a certifiable standard?
Answer: Yes.
UNI EN ISO 27001:2024 Certification
Question: Does UNI EN ISO 27001:2024 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 changes. Compliance with national and European versions should be verified with the certification body.
UNI EN ISO 9001:2015 Certification
Question: Which production processes should the UNI EN ISO 9001:2015 certification relate to for a concessionaire that outsources activities?
Answer: There are no specific production processes. The ISO 9001 standard establishes general requirements that must be adapted to the specific needs of the sector. It is not sufficient to produce only the auxiliary company’s certification if the support agreement is limited to technical-infrastructural capacity.
Guarantee Reductions
Question: Can the candidate benefit from guarantee reductions if using support agreements for UNI CEI ISO 9000 series certifications?
Answer: Yes.
Technical Offer Documentation
Question: Are only two documents required for the technical offer: one describing the requirements subject to scoring and another describing responsible gaming policies?
Answer: Yes, only two documents are required: a technical report from a third party attesting to the candidate’s ability to meet the requirements of point 7.3.1, letters a., b., and c., and a technical report from the candidate representing their responsible gaming policies.
Website Logos and Information
Question: Should each website display the logo of the brand chosen by the concessionaire, the concession number, and the company name?
Answer: Yes, the website and apps must display the logo or brand, the concession identification code, and the information required by Article 7 – Part II of the technical rules.
Investment Plan and Technical Rule Adjustments
Question: Can investments for adjustments to the new technical rule requirements be included in the first two-year investment plan?
Answer: Yes, the capitalization of labor costs can be included, provided there is a correlation between the expenses and the adjustments to the technical rules.
Scope of Investment Plan
Question: Should the investment plan consider only online gaming activities or also other business activities?
Answer: The investment plan refers only to the online gaming concession. However, the sustainability of the investment plan can be demonstrated by the company’s total business activities.
Investments Made Before Concession
Question: Can technological investments made before the concession date be included in the investment plan?
Answer: Yes, if they produce effects during the concession period and are related to the required technological adjustments.
Indicators for Investment Plan Sustainability
Question: What indicators should be used to demonstrate the sustainability of the investment plan?
Answer: It is the responsibility of the specialized third party to identify the indicators that attest to the sustainability of a financial plan.
“Game Security” Scope
Question: What areas are covered by “game security”?
Answer: “Game security” refers to ensuring constant compliance with technical rules and technological standards for conformity checks and audits.
Technical Reports
Question: Is the technical report required in Article 13 of the concession agreement different from the report required in point 7.3.1 of the administrative rules?
Answer: Yes, the reports are different.
Albo dei Punti Vendita Ricariche (Register of Recharge Points of Sale)
Question: Why does Article 18 of the concession agreement only mention holders of authorizations under Articles 86 or 88 TULPS, without mentioning holders of ordinary or special monopoly resale licenses authorized to collect public games?
Answer: This is a clerical error. The law prevails over the tender, and the concession agreement will be modified accordingly.
Activation of the Concessionaire’s System
Question: When must the Concessionaire’s System be active?
Answer: The gaming service must be activated within six months of the concession being granted. The Concessionaire’s System must be active by the date of actual service commencement.
Existing Certifications
Question: Which existing certifications can be maintained in the new concession?
Answer: The concessionaire must request a technical conformity check from an ADM-approved verification body or Sogei S.p.a. For games under Article 6, paragraph 3, certification by ADM is required for all components of the concessionaire’s system.
Withdrawal of Funds
Question: How can the concessionaire make funds available to the player with the same value date as the withdrawal request, given that payments with backdated value are no longer allowed?
Answer: The technical rules do not require backdated payments. The concessionaire must implement technical and administrative measures to ensure the beneficiary receives the same value date or recognizes the availability of the sum from the moment it was requested.
Definition of “Game Application”
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 the Gaming Platform
Question: Must the gaming platform be owned by the concessionaire, or can it be outsourced?
Answer: The concessionaire must ensure the realization and management of the concessionaire’s system and the gaming account system. However, these components do not need to be owned by the concessionaire. Using a gaming platform or gaming account system provided by third parties through a license agreement is permissible.
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