Resolution Of July 12, 2012, The Direction General Of Management Of The Game, Which Approves The Provision Which Develops Articles 26 And 27 Of The Royal Decree 1613 / 2011, 14 November, In Connection With The Identification Of L...

Original Language Title: Resolución de 12 de julio de 2012, de la Dirección General de Ordenación del Juego, por la que se aprueba la disposición que desarrolla los artículos 26 y 27 del Real Decreto 1613/2011, de 14 de noviembre, en relación con la identificación de l...

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The law 13/2011, may 27, of regulation of the game sets the regulatory framework of the activity of game, in its various forms, developed with State-level in order to ensure the protection of public order, fight against fraud, prevent the addictive behaviors, protect the rights of children and to safeguard the rights of participants in the games.

Precisely with the aim of protecting the rights of minors and of participants in the games, the aforementioned law 13/2011, may 27, regulation of the game, set in the second issue of article 6 subjective bans participation in games subject to the law.

Article 26 of the Royal Decree 1613 / 2011, of 14 November, which develops the law 13/2011 from 27 May, control of the game, as regards the technical requirements of the game, under the heading 'Identification of participants' activities, lays down the obligations of operators in relation to the verification of data and mandates the National Gambling Commission for the determination of the terms of the verification process data provided by the participants in their requests for user registration.

Furthermore, article 27 of the above-mentioned Royal Decree 1613 / 2011 establishes that the National Gambling Commission will have the means and will establish procedures that allow you to compare data from the user records that appear in the General Register of bans the game access, as well as media that facilitate the verification of the age of majority of the participants with the national identity or identification document number operators of foreigners.

The first final provision of the aforementioned Royal Decree 1613 / 2011 empowers the National Gambling Commission to, in accordance with the provisions of article 23 of the law 13/2011, may 27, of regulation of the game, to enact those provisions which are specific to their development and implementation, so that, on the basis of the Faculty conferred, and taking into account the need to finalize the terms of the data verification process , proceed to the approval of the arrangement by which develop articles 26 and 27 of the Royal Decree 1613 / 2011, November 14, as regards the technical requirements of gaming activities, in relation to the identification of participants in the games and control of subjective participation bans.

In implementation of the first transitional provision of law 13/2011, may 27, of regulation of the game, the approval of the concerned provision corresponds to this direction General of management of the game from the Ministry of finance and public administration.

That provision was subjected to the procedure of hearing dated May 22, 2012, having been received within the period specified entities Codere Online, S.A.U. and Electraworks Spain claims PLC. Also on May 29, 2012 is requested report from the law of the State in the Ministry of finance, obtaining favourable report dated July 4, 2012.

Views of one and the other, the direction General of management of the game from the Ministry of finance and public administration, resolves: first.

Approve the provision, which served as annex I to this resolution, and that articles 26 and 27 of the Royal Decree 1613 develops / 2011, 14 November, whereby the law 13/2011, may 27, of regulation of the game, develops with regard to the technical requirements of gaming activities in relation to the identification of participants in the games and control of prohibitions subjective participation.

Second.

The references that are made to the National Gambling Commission in the provision that approves this resolution shall be deemed to the direction General of management of the game from the Ministry of finance and public administration. References to the President of the National Gambling Commission be construed as references to the General Director of game management.

Third party.

This resolution shall enter into force the day following its publication in the "Official Gazette".

Against the present resolution, in accordance with articles 114 and 115 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, the person concerned may be brought within the period of one month starting from the day following its publication, appeal to the Secretary of State for finance.

Madrid, 12 July 2012.-the Director General of management of the game, Enrique Alejo González.

Annex I disposal by which develop articles 26 and 27 of the Royal Decree 1613 / 2011, 14 November, in connection with the identification of participants in the games and control of subjective participation first section bans. Issues General first. Object.

This provision aims at the development of articles 26 and 27 of the Royal Decree 1613 / 2011, 14 November, whereby the law 13/2011, may 27, of regulation of the game, develops with regard to the technical requirements of gaming activities, in relation to the identification of participants in the games and control of subjective participation bans.

Second section. Identification of participants second. Obligations of identification of participants.

1. the participation in the games subject to law 13/2011, on May 27, the game, hereinafter regulation LRJ, requires the prior identification of the participants therein, except in the cases in which, in accordance with provisions of the number first of article 26 of the Royal Decree 1613 / 2011, 14 November , the National Gambling Commission authorizes participation without prior identification of the participants.

2 corresponds to gaming operators the establishment of systems and mechanisms that facilitate and enable the identification of participants in the games organized, without prejudice to systems that are made available by the National Gambling Commission operators for this purpose.

3 the participant identification and checking that it is not in any of the subjective prohibitions that referred to), b), c) of article 6 of the LRJ second number will be an indispensable condition for the payment of the awards matter what their amount and nature.

Third party. User registration.

1 the identification of the participant will take place through a record only active user and operator, which shall contain, at least, the identification data required for checking that it is not in any subjective prohibitions referred to in the letters to), b), c) of the second number of the article 6 of the LRJ.

In particular, user registration should at least collect the content that you set in the paragraph 2.1.1 of the provision by which develop technical specifications that must meet technical game systems subject to licenses granted under cover of law 13/2011, on 27 May, the game regulation, approved by resolution of the direction General of management game on November 16, 2011.

2. the operator shall establish procedures and mechanisms to ensure that same player does not have multiple active user records.

Room. Request for user registration.

1. the opening of a user record will begin using the corresponding application for registration, in the form and by means of the system determined by the game operator. The application for registration shall be recorded in the records of the operator.

2. at the request of user registration, the applicant must submit data to that referred to in the third paragraph of this provision and how many required you by the operator and are indispensable for the purposes of verifying your identity.

3. in the application for registration must be reported to the applicant for subjective prohibitions to the participation in the game referred to in article 6 of the LRJ and will have collected a manifestation or acceptance of this by providing evidence that is not affected by any of these subjective participation bans. This circumstance will be recorded along with the rest of the user registry data.

Fifth. Verification of the data of the user record.

1. the operator is responsible for the accuracy of the information appearing on its records of user and the correct identification of the participants in the games that organize or develop.

2. in cases where the applicant can provide the number of the national identity card (DNI) or foreign identification number (NIE), the gaming operator may carry out verification of the name, surname and date of birth of the applicant through the system of verification of identity of the participants of the Commission national game referred to in the following paragraph.

3. in the cases in which the applicant is identified as a non-resident in Spain and do not provide the number of the national identity card (DNI) or foreign identification number (NIE), the verification of the data will be taken by the operator within the period of one month from the activate registration.

Sixth. System of verification of identity of participants.


1. the National Commission for the game, for the purpose of facilitating the verification of the identity of the participants, operators will make available an identity verification system that will, through electronic access by operators, check real-time data of applicants who use the national identity document (DNI) or the identification of foreigners (NIE) number for identification.

In the event of malfunction of the system of verification of identity, the National Gambling Commission will ensure verification of the data within the period of three days since you formulate query operator.

2. the system of verification of identity of the national Gaming Commission does not exclude the use of systems or alternative means of verification by the operator. However, and for the purposes of identity verification, is the only system whose result is presumed true and that, in case of error, exempt from liability to the operator.

Seventh. Verification through the system of verification of identity.

1. the verification through the system of verification of identity of the Commission national game can only be performed in the cases in which the applicant is a resident in Spain and has brought the number of the national identity document (DNI) or the number of foreigners (NIE).

2. the verification of the data shall be made through online access to the system of verification of identity. For this purpose, the National Gambling Commission will provide to the operators of the elements of security that allows them to access the system.

Verification will take place through the consultation of the name, surname, date of birth and number of identification document used by the participant in the application for registration.

The system of verification of identity requires that data to verify exactly enter the mode in which are contained in the documents used for the identification of the applicant. For these purposes, the operator shall take necessary measures so the applicant know this circumstance and correctly enter data that will be subject to verification.

3 made the consultation, if the data match the system of verification of identity, the operator will get a positive response and the data will be verified by.

In the cases of coincidence of the consulted data, the system will not provide a negative response, the effects of operator, the data shall be regarded as non-verified. In this case, the operator may ask the petitioner for the reintroduction of the consulted data and proceed again with your inquiry. If a positive response is not obtained, operator may proceed in the same way a second time. If back is not got a positive response from the system, the operator will look to documentary verification of the identity of the applicant in the terms referred to in the following eighth paragraph, without prejudice to the alternative verification systems that could be used. For the above purposes, means of query retries occur when attempting to validate the same data or new ones without changing the number of the national identity document (DNI) or the number of foreigners (NIE).

The operator will not be allowed to try to validate a number of the national identity document (DNI) or the identification number (NIE) foreigners whose cycle of consultations to the identity verification system has been negative until after 24 hours since the last attempt with negative response.

4 when for technical reasons or for failures of service availability, the identity verification system does not provide answer to the query of the operator, this, being safe the opportunity to reiterate its query every thirty minutes to get answer, attend documentary verification of the identity of the applicant in the terms referred to in the following eighth subparagraph , without prejudice to the alternative verification systems that could be used.

5. the operator shall record and retain many queries perform to the identity verification system, leaving a record of the date, hour and minute of the consultation. The data must be kept, along with the corresponding to the user record, during the period of validity of user registration and during the six years following its cancellation.

6 monthly, for the purposes of assessing the effectiveness of the system and for its improvement, the operator shall refer to the National Gambling Commission a report which shall communicate the total number of consultations conducted and relate all of the consultations that had not received a response from the identity verification system.

Eighth. Documentary verification.

1 game operators will use documentary verification systems.

In the cases where verification is not possible through the system of verification of identity of the Commission national game in which the application for registration is carried out by a non-resident applicant in Spain and idle in their national identity document or foreign identification number application, the operator will proceed to documentary verification of the data listed in the user record.

2 when the applicant for registration is a non-resident participating in Spain and to not use in your national document of identity or identification of foreign application, the documentary verification procedure be initiated by the operator at the time of receipt of the request, without prejudice to the activation of the registration.

3. for receipt of the documents required for the purposes of the verification of the data, the operator will have the means it deems appropriate, and to ensure the safety and speed of the verification process. Notwithstanding media use and documents requested for these purposes, the operator is responsible for the documentary verification of data that are sent to you by the participants.

4. operators must record and retain all negotiations, consultations and requirements that had been carried out for verification of the information provided by applicants, as well as how many documents had been received or used for this purpose. The data must be kept, along with the corresponding to the user record, during the period of validity of user registration and during the six years following its cancellation.

Third section. Ninth prohibitions control. Control of subjective participation bans.

1 corresponds to gaming operators control of subjective participation in games bans to which referred to), b), c) of the second number of the article 6 of the LRJ.

2 the national game Commission will have the means and will establish procedures to facilitate the fulfillment of obligations of control in relation to the subjective prohibitions in subparagraphs a) and b) of the second article 6 of the LRJ number game operators.

(3 game operators must have the media ensuring control of the implementation of the prohibitions referred to in point (c)) the second number of the article 6 of the LRJ.

Tenth. Control of prohibitions on access to underage play.

1. without prejudice to the control procedures of the prohibitions of access to game that affect minors that operators could establish, the National Gambling Commission, through the identity verification system, will facilitate the checking of the coincidence of the date of birth of participants that have national document of identity or identification of foreigners that appears in the system.

2. in the cases in which the participants do not have national document of identity or identification of foreigners, verification of the age of majority will be held in the process of opening of the registration in the procedure of documentary verification of identity that establish the game operator.

In the game modes in which the National Gambling Commission had authorized participation without prior identification of participants, checking of the coming of age of the participants must be in the process of payment of awards and after the verification of the identity of the participant.

(3 operators are responsible for the verification of the age of majority of the participants in the games that organize or develop, and may incur, in cases in which the participation is permitted him to minors, typified in article 40.b serious violation) of the LRJ, all without prejudice to the provisions of the third number of the thirteenth paragraph of this provision.

Game operator shall be exempted from liability in cases of involvement of minors in those modes of play in which the National Gambling Commission had authorized participation without prior identification of the participants and that these had been effectively informed of the ban.

Eleventh. Control of bans on access to the set of persons registered in the General Register of bans the game access.


1. the National Commission of the game will make available for gaming operators an electronic access system to record General bans of access to the game in order to facilitate checking that participants are not registered in the same.

2. access to register General of bans access to the game will take place in the activation process of the corresponding user record from the national document of identity or identification of foreigners number appearing on it.

Consulted the registry General bans of access to the game in the activation of the user registration process, unless the participant figure registered in the same, the operator can proceed to the activation of the user record and allow participation in the games they offer, without prejudice to the obligation of consultation in the process of payment of awards that the participant.

When for technical reasons or due to faulty service availability, the General record of bans the game access does not provide answer to the query of the operator, this may not proceed with the activation of the user record, or allow the participation in the games that offer. The National Gambling Commission will establish contingency mechanisms necessary to, in these cases, facilitate operators query access registration General of bans from the game.

In modes of play in which the National Gambling Commission had authorized participation without prior identification of the participants, the consultation to the General Register of bans access to the game must be in any case in the process of payment of awards and after the verification of the identity of the participant.

3. without prejudice to the obligations of verification referred to in the previous number, gaming operators will have to verify every hour the participants with active user registration are not registered in the General Register of bans the game access. To do this, with the designated frequency, the National Gambling Commission will generate and put at the disposal of the operators a software update file which shall contain that, as a result of registration or cancellation of registration data, have occurred in the General Register of bans the game access and changes affecting the participants registered by each operator. When for technical reasons or due to faulty availability of the service, the National Gambling Commission not could put at the disposal of the operators data updating, verification will be done with the data contained in the last update provided.

In those cases where changes make clear registration in the General Register of bans access the game from some of the participants with active user registry, operator will proceed to its suspension and banned from that moment participation to the corresponding user in the games. In these cases, the suspension shall not preclude for the liquidation of the gaming account and the payment of the amounts which, in concept of deposit or awards paid previously, corresponded to the participant. Suspended account, applies the thirteenth paragraph of this provision.

In cases where changes make clear the cancellation of the registration in the General Register of bans access the game from some of the participants with suspended user registration, the operator can lift the suspension of the account and upon express request of the participant, allowing their participation in the games.

(4. operators are responsible for checking that participants in the games that organize or develop are not enrolled in the Register General of bans access the game, and may incur, in cases in which the participation is permitted him to people registered, violation grave typified in article 40.b) of the law 13/2011 , may 27, of regulation of the game.

Game operator shall be exempted from liability in cases of participation of persons registered in the General registry of access bans the game in those modes of play in which the National Gambling Commission had authorized participation without prior identification of the participants and that these had been effectively informed of the ban.

5. monthly, for the purposes of evaluation of the effectiveness of the system of access to the registry General of bans access to the game and for the improvement of the same, the operator shall refer to the National Gambling Commission a report which shall communicate the total number of consultations conducted and relate all of the consultations that no response had been received.

Fourth section. Operational records of user twelfth. Activation of the user record.

1. the activation of the user registers in which the applicant is a resident in Spain or had brought the number of the national identity document (DNI) or the number of foreigners (NIE) requires the prior verification of data from it and check that is not registered in the General Register of bans the game access.

2. the user registration requested by a non-resident participating in Spain and that do not provide the number of the national identity document (DNI) or the number of foreigners (NIE), can be activated by the operator without prior verification of the information provided. In this case, data verification must be performed by the operator within a maximum period of one month after the activation of the user record.

Without prejudice to the time of activation of the registration, received the request, the operator will start the process of documentary verification of the identity of the non-resident applicant in Spain and which do not provide national identity document number or foreign identification number.

13th. Suspension, cancellation and cancellation of user records.

1. the operator may suspend the user records that remain inactive for more than two years without interruption. Suspended user records can be activated at the request of the participant.

2. the operator will cancel inactive user records, four years since they had been suspended.

3. in the cases referred to in the second number of the twelfth paragraph of this provision, the operator will void the records whose data have not been verified in the period of one month referred to in the fifth subparagraph of the third number of article 26 of the Royal Decree 1613 / 2011, from 14 November.

Additional provision. Special scheme for contests.

For the purposes of compliance with the provisions of the fourth additional provision of the Royal Decree 1614 / 2011, 14 November, whereby the law 13/2011, may 27, of regulation of the game, develops with regard to licenses, authorizations and registrations of the game, the game operators enabled the development and exploitation of contests play in the process of payment of awards obtained in this game mode, and with respect to the winners of the same, they must come to the opening of a user record in the terms and conditions set out in this provision.

Transitional provision. Verification of data obtained prior to the granting of the enabling title.

User data which had gaming operators as a result of an activity prior to the granting of the corresponding enabling title, may not be verified without prior obtaining the consent of the holder of such data.

Obtained the consent of the owner of the data, the operator will proceed to verification thereof in accordance with the procedures set out in this provision, without prejudice to compliance with the provisions in the organic law 15/1999, of 13 December, of protection of data of a Personal nature, and its implementing regulations.

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