Decree No. 466 / 2023 Coll.
Order on the conditions for gambling operations
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Order
Effective from 01.01.2024
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466
DECLARATION
of 20 December 2023
on the conditions governing the operation of gambling
The Ministry of Finance provides, pursuant to § 133 (1) (a), (e) and (2) (c) and (d) of Act No. 186 / 2016 Coll., on gambling, as amended by Act No. 527 / 2020 Coll. and Act No. 349 / 2023 Coll.:
RISK BASED
List of prohibited risk bonuses
(1) A prohibited risk bonus shall be a risk bonus meeting at least one of the following conditions:
(a) at least a brief description of the terms and conditions for obtaining or using the bonus is not part of the offer to obtain the bonus or any other promotional communication concerning the bonus;
(b) the terms and conditions for obtaining or using this bonus before it is obtained are not demonstrated to the gambling participant.
(2) A forbidden risk bonus is always a bonus,
(a) whose conditions of acquisition or use encourage competition based on a comparison of the frequency of participation, the amount of deposits or the winning of gambling participants, where:
1. this competition relates to participation in a technical game; or
2. the sum of the contributions of the individual gambling participant to all competitions relating to the type of gambling in question by the operator exceeds CZK 1,000 per calendar day,
(b) the acquisition or use of which is conditional upon the gambling participant withdrawing money or part of it from the user's account; or
(c) which is provided after the operator has received a request for cancellation of the user account.
GENERAL PROVISIONS FOR RECORDING AND NOTIFICATION OBLIGATIONS
General time for keeping records
The operator shall keep records, records and associated documents for 3 years from the date of their entry.
Allegation of facts arising from gambling operations
(1) The operator shall record a record of:
(a) initiation
1. gambling operations,
2. the operation of the game space,
3. the operation of the game position,
4. operation of the counted live game table,
5. the operation of a live game table other than those referred to in point 4;
6th card tournaments,
(b) termination
1. gambling operations,
2. the operation of the game space,
3. the operation of the game position,
4. operation of the counted live game table,
5. the operation of a live game table other than those referred to in point 4;
6th card tournaments,
(c) interruption
1. gambling operations,
2. the operation of the game space,
3. the operation of the game position,
4. operation of the counted live game table,
5. the operation of a live game table other than those referred to in point 4;
6th card tournaments,
(d) renewal
1. gambling operations,
2. the operation of the game space,
3. the operation of the game position,
4. operation of the counted live game table,
5. the operation of a live game table other than those referred to in point 4;
6th card tournaments,
(e) a communication by which a person has expressed a wish against the operator not to be approached with incentives to participate in a gambling game.
(2) An operator shall record a record of the fact reported pursuant to § 4 (1) and (2) for a period of 3 years from the date of occurrence.
(3) The operator shall indicate in the record:
(a) a description of the event;
(b) the date and time at which the event occurred;
(c) the particulars given in the notification pursuant to Article 4.
Notification obligation
(1) The operator shall notify the Ministry that a fact is to occur under:
(a) Article 3 (1) (a) or (b), not later than 5 days before the date on which the event is to occur;
(b) Paragraph 3 (1) (c) or (d), not later than 5 days before the date on which the event is to occur, in the case of a planned shutdown.
(2) The operator shall, without undue delay, notify the Ministry that a fact has occurred under:
(a) Article 3 (1) (b), if it was due to an emergency which the operator could not have foreseen;
(b) Paragraph 3 (1) (c) or (d).
(3) In the notification, the operator shall indicate:
(a) operator identification data, including its identifier;
(b) the name of the gambling game, the type of gambling game and the manner in which it is to be operated, in relation to the notification of the gambling operation;
(c) the name, address and identifier of the game area where the notice for gambling in the game area refers;
(d) the serial number of the end device and the game position and the game position identifier when the notice refers to the game position;
(e) the registration number and the identifier of the live game gaming table when the notification refers to the live game playing table;
(f) the reason for the interruption; and
(g) the date of commencement, termination, interruption or renewal of operations.
(4) The identifier referred to in points (a) and (c) to (e) of paragraph 3 shall be understood as the identifier according to the regulation governing reporting in the field of gambling.
Method of reporting
(1) The operator shall comply with the notification obligation provided for in Section 4 with the Ministry or the customs administration of the Czech Republic through the Internet application or user interface of the gambling information system in accordance with the technical specification of this interface.
(2) If the interface of the information system referred to in paragraph 1 is not in service for the given notification, the submission shall be made in electronic form, signed in a manner to which other legislation links the effects of the handwritten signature.
Sending other information
(1) Where an operator fulfils an obligation to send information other than a notification pursuant to Article 4, the submission shall be made in electronic form:
(a) using the operator's or his representative's identity verification in a way that can be logged into his data box, or signed in a manner with which another legislation links the effects of the handwritten signature, by means of a form placed on the Customs Administration website of the Czech Republic, if it is an application against the customs office;
(b) signed in such a way as to link other legislation to the effects of the handwritten signature when it comes to filing against the Ministry.
(2) If the form referred to in paragraph 1 (a) is not available, the procedure referred to in paragraph 1 (b) shall be followed mutatis mutandis.
CONDITIONS FOR OPERATING THE Hazard HERS
GENERAL CONDITIONS FOR OPERATING
Suspected of tampering with gambling
Where an operator reasonably assumes that a breach of Article 7 (2) of the Gaming Act could occur in relation to a gambling game, or should, in view of the circumstances, assume that it should, it must not initiate a gambling game or have to suspend the gambling game already started, pending due examination of the matter and taking sufficient measures to prevent such a breach if it is detected.
LOTERIA
Conditions for the operation of the lottery and the related recording obligation
(1) In addition to the requirements set out in Section 22 (1) of the Gaming Act, the lottery lottery Los contains a unique identifier placed under the scratch layer of the lottery, allowing the operator to verify whether the lottery ticket is a prize ticket.
(2) The Instant Lottery Operator shall keep a record of the claims to win in the Instant Lottery in which he shall record for each claim to win
(a) data pursuant to Article 22 (1) (c) of the Gaming Act;
(b) the unique lottery identifier referred to in paragraph 1; and
(c) the amount of the prize.
(3) An operator shall keep a register of issued lottery tickets in cash and in kind, in which it shall record for each ticket the data referred to in Article 22 (1) (c) of the Gaming Act.
(4) The operator shall keep a register of lots destroyed under Section 22 (7) of the Gaming Act, indicating:
(a) a description of the method of destruction of the lottery ticket;
(b) the reason for the destruction of the lottery ticket;
(c) the serial number and, where appropriate, the number of the draw series.
(5) The operator shall retain documentation of any movement of the issue of tickets, in particular documentation on its production, transport, storage, distribution and destruction of tickets, for a period of at least 3 years from the end of the sale of the ticket issue of the instant lottery.
(6) An operator shall not sell any lottery ticket unless it meets the technical and software security requirements.
(7) An operator shall not operate an immediate lottery, the ticket of which shows the non-winning combination in a way that gives the participant the impression that it is an almost winning combination without the actual result of a gambling game.
(8) One notarial entry may be used to certify the course of multiple compositions made in one calendar day.
BINGO
Recording obligation of the bingo operator
(1) The bingo operator shall keep a ticket account organised in ascending order according to the serial number of the ticket in the series in which the ticket is placed and shall indicate for each ticket in that register:
(a) the serial number of the ticket within the series to which the ticket is included;
(b) the number of the series in which the ticket is included;
(c) the ticket price; and
d) display the layout of the ticket numbers.
(2) In the register referred to in paragraph 1, the operator shall record all tickets included in the same series, which shall include at least one ticket sold.
(3) The records referred to in paragraph 1 shall be kept by the operator broken down by the serial number in which the ticket is placed.
TECHNICAL GAME
Conditions for operating a technical game
(1) If the terminal equipment contains multiple authorised game positions of a technical game, the operator shall start operating all these allowed game positions simultaneously.
(2) An operator shall not operate a technical game that displays non-winning combinations in a way that gives the participant the impression that they are almost winning combinations without being the actual result of gambling.
Obligations of the technical game operator
(1) The operator of a technical facility pursuant to Section 42 (4) of the Gambling Act or the operator of an internet game shall register the winning combination or other result of each game of the technical game together with the unique identifier of the user account in a way that allows them to be provided in an open format to the supervisory authority.
(2) The records referred to in paragraph 1 must be kept in such a way as to enable data to be provided under:
(a) the period during which the game took place; or
(b) the unique identifier of the technical game game.
(3) The technical game operator shall keep the records referred to in paragraph 1 for 3 years from the time of the evaluation of the game.
LIVE GAME
Conditions for operating a live game
(1) An operator shall ensure that the dealer and any other person active for casino operators comply with standard procedures and practices to ensure transparency in the conduct of gambling generally maintained in the gambling sector, in particular handling, in particular, value chips, playing chips, tournament chips, banknotes, coins or devices used for live games, in such a way that all acts of such persons are visible and visible, and that there is no doubt about proper handling.
(2) An operator shall ensure that the dealer, when opening the live game table in accordance with the procedure referred to in paragraph 1, demonstrates that the equipment and equipment used to play live games are complete and are neither modified nor supplemented in a way that affects the creation of coincidences. Similarly, the dealer shall proceed with the use of a new device or device or with their replacement.
(3) An operator shall ensure that, in accordance with the procedure referred to in paragraph 1, the dealer eliminates possible doubts about the transparency of the game,
a) when coming to the playing table live games,
b) when opening a live game table,
c) any time during the live game, if there is any doubt about the transparency of the game.
(4) An operator shall allow a participant in a live game against a dealer to play on any countable live game table which the operator is obliged to operate pursuant to § 68a (2) of the Gaming Act and whose capacity is not fulfilled, even if he would participate in the live game at this gaming table himself.
Record obligation of the live game operator
(1) The live game operator shall keep a record of the sets of value chips used in the casino in which it shall indicate for each set of value chips used:
(a) operator identification data;
(b) the name and address of the casino;
(c) the date and time of the relevant time for this set; and
(d) a colour representation of all the designs of the value chips forming the set with a representation of their reverse, RS and edge.
(2) The live game operator shall keep a record of the models of the games and tournament chips used in the casino in which he shall indicate, for each model used, the playing or tournament chip:
(a) operator identification data;
(b) the name and address of the casino;
(c) the date and time of their commencement of use;
(d) the date and time of their termination; and
(e) colour representation of the pattern with a representation of their reverse, RS and edge.
(3) The images referred to in paragraph 1 (d) and paragraph 2 (e) must be accurate, colour-loyal and sufficiently distinguished.
(4) The operator of live games shall keep a record of:
(a) paragraph 1 until 3 years after the date of replacement of this set by a new set of value chips;
(b) paragraph 2 shall expire three years after the end of the use of the model of the playing or tournament chip.
(5) The operator of the internet games records game and financial data relating to the course of each game of internet live games and each game of the tournament of internet live games consisting of a game combination which is common to all gambling players of a particular internet live game or tournament online live games, and in the data relevant to the acquisition of the winnings in terms of the combinations of individual gambling players and foreign players and their game decisions, for at least 3 years after their creation.
(6) An operator shall keep the game and financial data referred to in paragraph 5 in such a way that it can be provided in an open format to the supervisory authority, depending on the period during which it takes place, or according to the unique identifier of the game online live game or tournament online live game at the choice of the supervisory authority to which the game and financial data are provided. In the case of data relevant for the acquisition of a claim for winnings within the meaning of the gaming combinations of individual gambling participants and their decision-making, the unique identifier of the user account shall also be provided.
Conditions of operation of live games transmitted
(1) When playing live games, action related to the start of this game and action related to the end of this game, only one dealer can serve the live games table simultaneously.
(2) In case of card game
a) show the dealer before using a new set of cards on the playing table of live games their faces to make it clear whether the whole set of cards is complete;
b) Croupier always mix cards personally on the playing table of live games,
(c) automatic card-mixing equipment cannot be used.
(3) The technical equipment cannot replace the physical action carried out by the dealer to generate the result of the gambling game, in particular:
(a) a ball throw by a dealer in the case of roulette; or
b) litter of dice carried out by dealer in case of game in the cube.
(4) When a live game is transferred, the physical action of a gambling participant generating a chance cannot be replaced by the action of a dealer or technical device.
(5) The transmitted live game table must correspond to the same live game table in the studio throughout its operating section.
(6) The dealer shall be transmitted in the transmitted live games in such a way that its appearance and all handling of the playing table of live games and the aids used during the game are captured. An operator shall ensure that, on at least one camera to be transmitted, the dealer is captured from the front so that the whole character is captured, except for the part covered by the live game table.
PROVISIONS TRANSITIONAL AND FINAL
Transitional provisions
(1) For a period of 3 months from the date of entry into force of this Decree, Paragraph 1 shall not apply to a bonus which has been shown to have been offered and provided before the date of entry into force of this Order and which is continuously offered unchanged from the date of entry into force of that Order.
(2) The obligation to record and notify under this decree shall be fulfilled by the operator no later than the 60th day following the date of entry into force of this decree.
(3) The Ministry has developed an online interface of the gambling information system through which the reporting obligation under the Gaming Act is fulfilled.
(4) The Ministry shall publish the information on the operation of the interface referred to in paragraph 3 and the date from which the notification obligation is fulfilled through that interface. This date shall not be less than 60 days from the date of publication of this information.
(5) Until the date preceding the date referred to in paragraph 4, the obligation to notify the Ministry or the customs authority of the Czech Republic shall be fulfilled in accordance with the procedure laid down in Section 12 of Decree No. 10 / 2019 Coll., as effective before the date of entry into force of the decree.
(6) Until the date preceding the date referred to in paragraph 4, the notification obligation referred to in paragraph 4 shall be fulfilled with respect to the customs office.
Notification
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 on the procedure for the provision of information in the field of technical and information society services, as amended.
Repeal
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Regulation Information
| Citation | Decree No. 466 / 2023 Coll., on Conditions for the Operation of Gambling |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Finance
The regulation text is for informational purposes only.
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