Tightening its grip on operator conduct, the Curacao Gaming Authority (CGA) has issued comprehensive new policy guidelines governing player-facing Terms and Conditions (T&Cs).
The move is a core component of the island’s transition to the LOK regime, aiming to modernize the jurisdiction through increased transparency and player protection.
Eliminating Ambiguity in Contracts
The new framework mandates that T&Cs must be readable, easily accessible (within one click), and consistent across all platforms. A significant shift prohibits retrospective changes to contracts that disadvantage the player, addressing a long-standing point of friction in the offshore market.
Operators are now required to obtain explicit consent during registration via an active checkbox, replacing the legacy “passive acceptance” model. Furthermore, material changes to terms will require an active “re-acceptance” from players, with operators required to maintain auditable records of all consent history.
Disclosure and Financial Oversight
The CGA has also introduced rigorous disclosure requirements:
- Entity Clarity: T&Cs must prominently display the operator’s legal identity and license credentials.
- Fund Treatment: Operators must clearly outline deposit/withdrawal methods and expected processing times.
- KYC Balancing: While operators can request refreshed verification, the CGA discourages “friction” unless strictly required by AML/CFT obligations.
Notably, the new Curacao policy sets a specific threshold of XCG4,000 ($2,200) for enhanced verification triggers. Operators must also explicitly state that they are not financial institutions and do not pay interest on player balances, reinforcing the legal distinction between gaming and banking services.
Non-compliance with these guidelines constitutes a direct breach of license conditions, potentially resulting in administrative fines or license revocation. Operators have six months to overhaul their existing T&Cs to meet these high regulatory standards.
