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Lewys Traylor, Legal Adviser at DAS, gives you the inside legal track on online betting.
British Horse racing, one of the largest spectator sports in the UK is known for its large annual events. One of the most significant of these is the Cheltenham Festival, which will take place from Tuesday 12 March and Friday 15 March 2024. The event attracts thousands of spectators, all wanting a piece of the enthralling atmosphere.
One of the most popular ways for people to take part is to place their hopes on an eccentrically named horse and follow their race with the wish that their pick will be the winner. To initiate this adventure, participants head to the bookies, either virtual or in person to get the best odds on their chosen favourite. Though, for some online punters their choice of betting establishment may be fraught with risk.
Some websites lacking integrity may attempt to persuade people with the allure of high returns, in hopes to attain their hard-earned money, with no prospect of payment. But how can you check if a betting site is legitimate and what are your legal options if your online bookmaker won’t pay you out?
The first thing to do would be to check that the organisation that you plan to gamble with is licensed by the UK’s Gambling Commission. Every online gambling business that is licensed is required to display a notice saying that they are licensed by the Gambling Commission with a link to the Commission’s website.
On the Commission’s website there is a license register where you can see what activities a company is able to offer. If a gambling business does not have a license, it is acting illegally and you would be wise to avoid placing any bets with them.
Gambling businesses are obliged to offer a complaints procedure. If a winning bet is not paid out, the first thing would be to lodge a formal complaint. Under the Gambling Commission’s guidelines, this should be resolved in a maximum of eight weeks. If the complaint is not resolved to your satisfaction, the matter can then be referred to an Alternative Dispute Resolution (ADR) provider.
The Commission recommends using Resolver to lodge this complaint, and generally for guidance on complaints. If the ADR provider does not resolve the matter to your satisfaction, legal action is an option and in the case of a winning bet not being paid out, a breach of contract claim can be made.
Monies used to place a bet would not subject to protection by the Gambling Commission or government in the same way as your personal bank account would be.
Any licensed gambling business should tell you beforehand, in their terms and conditions, whether the stake is protected in the event they go bust. If it is protected, you may have recourse to recover the whole or part of the total amount.
Online gambling sites are required to confirm the identities of their customers to comply with regulatory and legal requirements. As a minimum licenced online gambling businesses must verify your name, address and date of birth.
It is wise to be wary of providing your personal details to third parties for use in opening online accounts. The gambling commission website gives some useful guidance on the types of information you may be asked to provide to verify yourself.
In addition, the online gambling site will have a responsibility to properly secure and process your information under the General Data Protection Regulations.
If there is any concern as to whether a gambling business is licensed, for example, concerns should be raised with the Gambling Commission. Otherwise, it would be advisable to follow the company’s complaints process.