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TO BE POSTED ON THE INTERNET HELLENIC REPUBLIC Athens, MINISTRY OF FINANCE Ref. No.: GENERAL SECRETARIAT FOR ECONOMIC POLICY DG ECONOMIC POLICY MACROECONOMIC POLICY & FORECASTING DEPARTMENT Postal Address: 5–7 Nikis St., Athens GR-10563 Information: Telephone: Fax: Email:

SUBJECT: Enactment of the Gaming Regulations and the Gaming Technical Specification Regulations for the organisation and running of online games of chance.
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HELLENIC REPUBLIC MINISTRY OF FINANCE GENERAL SECRETARIAT FOR ECONOMIC POLICY DG ECONOMIC POLICY MACROECONOMIC POLICY & FORECASTING DEPARTMENT DEPARTMENT OF STRUCTURAL REFORMS Postal Address: 5–7 Nikis St., Athens GR-10563 Information: 210-3332128, 2788, 2806 Athens, 24-07-2020 Ref. No.: 79835 ΕΞ 2020 To: Table of Recipients

Government Gazette 3265/Β/5-8-2020

SUBJECT: Enactment of the Gaming Regulations for the Organisation and Running of Online Games of Chance

DECISION


1. The provisions of:

a) Articles 16 to 23 of Law 3229/2004 (Government Gazette 38/a) and in a supplementary manner the provisions of Law 3051/2002 (Government Gazette 220/a) as in force.

b) Articles 25 and 54 of Law 4002/2011 (Government Gazette 180/a) and in particular the provisions of Article 29(3) of Law 4002/2011 (Government Gazette 180/a) as in force.

c) Articles 189 to 203 of Law 4635/2019 (Government Gazette 167/A).

d) Articles 13, 18, 19 and 41 of Law 4622/2019 on the executive state: organisation, operation and transparency of government, governmental agencies and the central public administration (Government Gazette 133/A).

e) Article 90 of Presidential Decree 63/2005 on the Codification of legislation on Government and Governmental agencies (Government Gazette 98/a) as in force.

f) Article 34 of Presidential Decree 142/2017 on the organisational structure of the Ministry of Finance (Government Gazette 181/A).

g) Joint Decision No 56660/1679/22.12.2011 (Government Gazette 2910/b) of the Ministers for Finance and Culture and Tourism confirming the commencement of Hellenic Gaming Commission (HGC) operations.

h) Decision No 2/63389/0004/21.7.2016 (Government Gazette 397/Special Officials and Management Positions of Public Sector and Wider Public Sector Bodies Issue) of the Minister for Finance on the appointment of a president and two members and the renewal of the term in office of other members of the Hellenic Gaming Commission, read in conjunction with similar decisions No 2/3935/0004/24.7.2018 (Government Gazette 428/Special Officials and Management Positions of Public Sector and Wider Public Sector Bodies Issue) and No 9433 ΕΞ 2019/12.2.2019 (Government Gazette 64/Special Officials and Management Positions of Public Sector and Wider Public Sector Bodies Issue).

i) Hellenic Gaming Commission Decision No 305/1/1.3.2018.

2. The comments submitted during public consultation on the draft regulations on the organisation and running of online games of chance and the relevant Technical Specifications document.

3. Deliverable No Π 281/04.12.2019 from the working group set up by Decision No Π 260 ΕΞ/6.11.2019 (Web Ref. No.: Ψ1ΩΘΙΜΛ-ΔΜΕ) of the President of the HGC, as amended by similar decisions No Π 265 ΕΞ/15.11.2019 and Π 270 ΕΞ/22.11.2019, relating to preparation of drafts of provisions of the gaming regulations on the organisation and running of online games of chance and the relevant Technical Specifications document, in accordance with Article 29(3) of Law 4002/2011 (Government Gazette 180/A).

4. The fact that this document has been notified to the European Commission in accordance with the provisions of Presidential Decree 81/2018 (Government Gazette 151/A/2018) on the transposition into Greek law of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 (OJ L 241 of 17 September 2015, p. 1) laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified text) and other provisions, and was given a reference number ...

5. HGC Recommendation No ΕΜΠ482ΕΞ/20.12.2019 on the enactment of the Gaming Regulations and the Gaming Technical Specification Regulations for the organisation and running of online games of chance, along with HGC Decision No 452/2/16.12.2019 and its Annexes attached thereto, as adjusted in light of the letter from the President of the HGC dated 27 December 2019.

6. The fact that this Decision does not entail any expenditure for the State budget or the HGC budget.
a) Articles 25 to 54 (incl.) of Law 4002/2011 on Amending the state pension legislation - Reforms for development and financial consolidation - Issues within the remit of the Ministries of Finance, Culture & Tourism and Labour & Social Security (Government Gazette 180/A), and in particular the provisions of Article 29(3) as well as those of Articles 189 to 203 of Law 4635/2019 on Investing in Greece and other provisions (Government Gazette 167/A);

b) Law 4624/2019 on the Hellenic Data Protection Authority, measures for implementing Regulation (ΕU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, and transposition of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016, and other provisions (Government Gazette 137/A);

c) Articles 13, 18, 19 and 41 of Law 4622/2019 on the Executive State: organisation, operation and transparency of the Government, governmental agencies and central public administration (Government Gazette 133/A);

d) Law 4557/2018 (Government Gazette 139/A) on the Prevention and suppression of money laundering and terrorist financing (incorporation of Directive 2015/849/EU) and other provisions;

e) Law 3861/2010 (Government Gazette 112/A) on Improved transparency via the mandatory posting of laws and acts of governmental, administrative and local government bodies on the Internet [the "Diavgeia" (Clarity) Programme] and other provisions; and of Law 3469/2006 (Government Gazette 131/A) on the National Printing House, Government Gazette and other provisions;

f) Articles 16 to 23 (incl.) of Law 3229/2004 on the Supervision of private insurance, supervision and control of games of chance, application of the International Accounting Standards and other provisions (Government Gazette 38/A) and in supplement the provisions of Law 3051/2002 (Government Gazette 220/A) on Constitutionally established

independent authorities, amendment and supplementation of the public sector recruitment system and related regulations;

g) Articles 58 to 60 of Law 2961/2001 on the Ratification of the Code on taxation of inheritance, gifts inter vivos, parental donations and lottery gains (Government Gazette 266/A);

h) Presidential Decree 83/2019 (Government Gazette 121/A) on the 'Appointment of a Deputy Prime Minister, Ministers, Deputy Ministers and State Secretaries';

i) Presidential Decree 81/2018 on the Transposition of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification) (OJ L 241, 17.9.2015, p. 1) and other provisions into Greek law (Government Gazette 151/A);

j) Article 34 of the Presidential Decree 142/2017 on the 'Organisational structure of the Ministry of Finance' (Government Gazette 181/A);

k) Article 90 of the Presidential Decree 63/2005 on the 'Codification of laws on Government and government agencies (Government Gazette 98/Α) as currently in force;

l) the Joint Ministerial Decision no. 70330οικ./30.6.2015 of the Minister of Finance, Infrastructure, Maritime Affairs and Tourism and the Minister of Justice, Transparency and Human Rights, on the adaptation of the Greek legal order in line with Directive 2013/11/ΕU as in force (Government Gazette 1421/B),

m) the Joint Decision No 56660/1679/22.12.2011 of the Ministers of Finance and Culture & Tourism confirming the commencement of the Hellenic Gaming Commission (HGC) operations (Government Gazette 2910/B);

n) decision number 2/63389/0004/21.07.2016 (Government Gazette 397/Special Officials and Management Positions of Public Sector and Wider Public Sector Bodies Issue) of the Minister of Finance on the Appointment of the Chair and two members, and the renewal of the term in office of members of the Hellenic Gaming Commission read in conjunction with similar decisions 2/3935/0004/24.7.2018 (Government Gazette 428/Special Officials and Management Positions of Public Sector and Wider Public Sector Bodies Issue), οικ. 9433 Ministry of Foreign Affairs 2019/12.2.2019 (Government Gazette 64/Special Officials and Management Positions of Public Sector and Wider Public Sector Bodies Issue) and 3557 Ministry of Foreign Affairs 2020 (Government Gazette 20/Special Officials and Management Positions of Public Sector and Wider Public Sector Bodies Issue).

2. HGC's Decision No. 452/2/16.12.2019 (Government Gazette 1368/B) Recommendation to the Minister of Finance on the enactment of the Gaming Regulations and the Gaming Regulations Technical Specifications (TS) for the organisation and running of online games of chance pursuant to Article 29(3) of Law 4002/2011 (Government Gazette 180/A).

3. The draft ministerial decision on the enactment of the Gaming Regulations and the Gaming Regulations Technical Specifications (TS) for the organisation and running of online games of chance, which was notified to the Commission on 31.12.2019, pursuant to the provisions of the presidential decree 81/2018 (Government Gazette 151/A), with reference code number 2019/657/GR and end date of the standstill period on 1 April 2020.

4. HGC Decision No 482/2/24.04.2020 Recommendation to the Minister of Finance on the enactment of Gaming Regulations for online gaming and the respective technical specifications (TS) pursuant to Article 29(3) of Law 4002/2011 (Government Gazette 180/A), amending the notified draft referred to in point 3, following evaluation of notes and comments submitted; for the said modifications no new notification to the Commission is required, pursuant to the provisions of the presidential decree 81/2018 (Government Gazette 151/A).

5. The need to establish Gaming Regulations for the organisation and running of online games of chance.

6. The fact that this decision does not entail any expenditure for the State budget or the HGC budget.

We hereby decide:

To enact Gaming Regulations and the Gaming Technical Specification Regulations for the organisation and running of online games of chance in accordance with Annexes A and B attached hereto, which constitute an integral part hereof.

This Decision shall be published in the Government Gazette.

This Decision shall enter into effect as of its publication in the Government Gazette.
1. To enact the Gaming Regulations for the Organisation and Running of Online Games of Chance as follows:

Gaming Regulations for the organisation and running of online games of chance

Article 1 DEFINITIONS

For the purposes of this Decision, the words or phrases below shall have the meaning attributed to them:

Online Gaming Licence or Licence means the administrative permit issued by the HGC to allow games to be organised/run. Licences shall take either of the following two forms: a) Type 1 Online Betting Licence and b) Type 2 Other Online Games Licence.

Suitability Licence (SL) means the decision approving a person’s suitability in accordance with the relevant provisions of the Gaming (suitability of persons) Regulations.

Excluded Player means a Player who cannot take part in Games of Chance on his/her own initiative or at the request of his or her legal guardian submitted to persons who organise and/or run such Games or court judgment or reasoned decision of the Licence Holder.

Notification means the written announcement to the HGC of the Licence Holder’s intention to change its particulars in accordance with the Regulations. That change notified may take place after the lapse of ten (10) working days from the date of notification, provided that the HGC does not, within that period, request more information or does not raise any objections.

Online Bet or Bet in accordance with Article 25(c) of the Law means the Game of Chance played online which requires Players to predict the development in and/or final outcome of all manner of events, including virtual events, whose result is generated using a Random Number Generator.

Running means running a game referred to in Article 25(s) of the Law. Where the provisions of this Decision refer to the concept of ‘Running’ they shall also cover the concept of ‘Organising’ and vice versa.

Organisation means organising a game referred to in Article 25(t) of the Law. Where the provisions of this Decision refer to the concept of ‘Organising’ they shall also cover to the concept of ‘Running’ and vice versa.

HGC or Authority is the Hellenic Gaming Commission.

Special premises (studio) means premises located within the EU or the EEA where a person holding a relevant Licence issued by a competent EU or EEA regulatory authority installs equipment and infrastructure for running Other Online Games played with a live dealer, whose results are not generated using a Random Number Generator.

Intermediate Control System means the IT system which ensures the integrity, authenticity and continuous availability of data collected by the Data Capture System, the Data Sealing System and the Safe.

Player Online Account means the account referred to in Article 25(o) of the Law.

Website means the website via which the Licence Holder runs Games of Chance, belonging to the Licence Holder and whose domain name must end in .gr.

Regulations means this Decision.

Anti-Money Laundering Regulations means the HGC decision entitled ‘Regulations concerning implementation of measures to combat money-laundering and terrorism financing by Relevant Persons in the games of chance services market’ as in force from time to time.

Suitability means the finding made by the HGC or the Licence Holder concerning the qualifications and conditions for the issuing of a SL and/or Suitability Card in accordance with the provisions of the Gaming (Suitability of Persons) Regulations.

Manufacturer means the person who manufactures (including designs, plans, assembles, produces and programs Technical Means and Materials) and who in any manner makes available to the Licence Holder any Technical Means and Materials, and who has obtained a Suitability Licence from the HGC as well as the person who holds the Studio Licence.

Licence Holder or Holder means the legal person who provides services to organise and run Games of Chance who has been granted an Online Games of Chance Licence in accordance with the provisions of this Law and the Regulations. Each Holder may hold both types of Licence.

Central Information System (CIS) means all hardware and software needed for the Licence Holder to organise, operate, run, monitor, record, check and centrally manage the Games of Chance.

Key Functions means the functions/duties relating to the organisation, coordination, oversight and control of specific sectors and/or functional areas in the running of Games which are performed by managers or their deputies, in accordance with the provisions of the Gaming (Suitability of Persons) Regulations.

Game Cycle means a full sequence of events in a Game, whose result in generated using a Random Number Generator, which commences with the Wager and lasts until the credits for that sequence are carried forward or lost.

Jackpot Mode is any constant or progressively increasing value or combination of such which is allocated to Players, which is set by the Game Manufacturer or Licence Holder at a Game level or at a Game interconnection Level or at a System level or any combination of the above.

Other Online Games, in accordance with Article 25(v) of the Law, means casino games of chance, poker and its variants, provided online and played either live or using a Random Number Generator.

Register means all data held by the HGC and posted on its website.

Gross Gaming Revenue (GGR) means the Licence Holder’s gross revenue in accordance with the provisions of Article 25(l) of the Law.

Game Guide or Guide means the info-material posted by the Licence Holder on its website in Greek which includes, for each Game or group of Games, all information needed for Players to Participate, the terms and rules for Playing the Games, the odds/winnings paytable, if applicable, as well as other relevant information.

Guidelines means circulars issued by the HGC with instructions on how to implement the provisions of the Gaming Regulations. The guidelines are binding in the framework of the Authority’s dealings with citizens.

Certification Body means the certification body which operates a specialised test lab and has been recognised by the HGC in accordance with the Gaming (Suitability of Persons) Regulations, or a certification body accredited in accordance with the applicable European and/or international standards, by the National Accreditation System S.A. (NAS) or by accreditation bodies in other countries, with which the NAS SA. has signed a mutual recognition agreement.

Player means the natural person who lawfully participates in Games of Chance organised and run by the Licence Holder.

Player Activity means all transactions and other information held in the Holder’s IT System about each individual Player which is linked to the Player Online Account held by the Licence Holder.

Play Sessions means the time period from the moment the Player logs into his/her Online Account to the moment he/she logs out of it. No Play Session may exceed 24 hours.

Payment Service Provider means a credit institution or payment institution or electronic money institution that is established and operates lawfully in Greece or in another Member State of the European Union or the European Economic Area in accordance with the relevant provisions.

Certification means the approval granted by the HGC to install and start using Technical Means and Materials after the certification body has ensured its compliance with the Technical Specifications or has certified that it corresponds to equivalent technical and functional characteristics of the Technical Means and Materials with the same specifications.

Supervision and Control IT System (SCITS) means the IT system referred to in Article 30 of the Law.

Regulatory Framework means the Regulations and all legislative and other regulatory provisions, the terms contained in licences laying down the conditions for lawfully organising and running Games within the territory of Greece, as well as the HGC Guidelines.

Affiliate Locations means the websites belonging to an Affiliate.

Affiliate means the person who collaborates with the Licence Holder to promote specific Games by placing links on its website, to attract more Players to the website of the Holder of a Licence for online Games of Chance who is being advertised, who are subject to the provisions of Article 35 of the Law, have received a Suitability Licence from the HGC and have been entered in the relevant Register.

Standard Form Contract means the agreement entered into between the Licence Holder and the natural person in order to lawfully participate in online Games of Chance.

Participation means entering a Player’s particulars/options in any Games of Chance and confirming that entry after paying the wager.

Technical Specifications (TS) means the ministerial decision entitled ‘Gaming Regulations Technical Specifications (TS) for the organisation and running of online games of chance.’

Technical Means and Materials for playing Games means the certified (where necessary) means/materials/electronic/mechanical/electromechanical device and electronic program (all manner of software or computer system) used directly or indirectly to organise and run Games which is related to and/or affects and/or determines and/or monitors and/or records the outcome of the Game or the playing of the Games in general.

Games of Chance or Games means the Online Bet referred to in Article 25(c) of the Law and Other Online Games referred to in Article 25(v) of the Law, which may be organised and run

lawfully in the territory of Greece by the Licence Holder via its website and which have received the required Certifications.

Responsible Gambling means all provisions of the Gaming Regulations and HGC Instructions that aim to ensure that all activities in the field of games of chance are performed pursuant to the provisions in force, in a socially responsible manner, in order to minimise consequences for the Players due to their participation in games of chance.

Article 2 SCOPE – GENERAL PRINCIPLES

2.1. The Regulations shall apply to Games of Chance which the Licence Holders run online.

2.2. Only the Player and the HGC shall have access to the Player activity, as well as the specially appointed staff of the Licence Holder trained for that purpose, notified to the HGC in accordance with the provisions of Article 34 of the Law.

2.3. The Licence Holder is not permitted in any way to connect and/or correlate the Player Activity to the Players’ personal details, save in the following cases:

a. For the purposes of complying with the applicable legislative and regulatory framework, and in particular to preclude access to Games by persons aged under 21, to match the Players to actual natural persons, to provide the Player with his/her particulars on his/her request, to cross-check the tax obligations arising from the winnings and to issue and provide winnings certificates. The Licence Holder shall notify the HGC of all necessary measures it intends to take to ensure that this provision is complied with.

b. For the purpose of commercial communications, including the implementation of any loyalty programmes, in accordance with Article 7.

2.4. The Licence Holder shall ensure that the organisation and the running of Games is reliable and safe, in accordance with public policy rules, the public interest principles, and the Regulatory Framework, and also that when running the Games persons aged below 21 are precluded from taking part, vulnerable social groups are protected and public health and safety and the transparency of transactions are not put at risk.