The quarterly stand still of the Technical Rules, which establish the new criteria for operating in the online gaming sector in Italy through the next concessions which will be announced at the beginning of 2025 will expire in October, the 18th.
The technical rules were filed by the Italian Ministry on July, the 17th, to the attention of the European Commission and the other Member States, who may present any objections.
The notification published on the European Commission website states: "The draft of technical rules contains the technical specifications that describe the performances and functions, as well as the technical requirements that the concessionaire must guarantee for the operation and remote collection of public games.
The first part describes the concessionaire's obligations necessary to be able to offer gaming; in particular, chapter 1 and paragraph 1.1 focus on these aspects, while paragraph 1.2 sets out the contents of the technical report of the telematic infrastructure. Chapter 2 outlines the exchange of information between the concessionaire's system and the centralized system, chapter 3 contains the rules for the compliance technical verification.
The second part illustrates the minimum technical requirements:
in particular, chapter 4 outlines the IT structure of the concessionaire and the characteristics that the related telematic system must have, which is divided into a plurality of subsets such as: the gaming system(s), responsible for the provision of gaming services, the system for presenting the gaming offer (website and/or app), the gaming account system, the accounting system for setting the amounts due, according to current legislation, the monitoring and control system, also in automatic mode, of the hardware and software infrastructure, which allows the correct functioning of all components, the telematic connection network for the transport of information.
It has been decided that the resources necessary for the creation of the concessionaire's system infrastructure must stay within the territory of the European Economic Area, even if created with cloud computing solutions.
Specific provisions are then set to ensure the maximum guarantees in terms of capacity, availability, scalability, performance, security and monitorability, also in terms of privacy of player data. Specific provisions and measures are also set to guarantee the exercise of supervisory and control action by the Agency.
Particular importance was given to specific means (self-limitations, self-exclusions, blocking) to prevent pathological gambling. All the operational infrastructures are then identified in their different declinations: chapter 5 represents the gaming system, the following chapter 6 the gaming platform, chapter 7 the gaming applications, chapter 8 the gaming acceptance system.
Chapter 9 is dedicated to the concessionaire who is a service provider for other concessionaires.
In these cases, if a service provider concessionaire makes its gaming systems available to other concessionaires, these must be physically or logically separated, where possible based on the type of game. It must always be possible to isolate the data that ca be referred to each concessionaire. Chapter 10 concerns the system of presentation of the gaming offer, depending on whether it is developed on a website or in applications and the related technical characteristics. Chapter 11 concerns the telematic connection network for the transport of information and chapter 12 the gaming account system. In this last regard, we highlight the peculiar regulation aimed at preventing compulsive gaming, especially for players aged between 18 and 24, in terms of spending and time limits, as well as accurate recording of all operations carried out.
Pursuant to article 6, paragraph 5, of the legislative decree of 25 March 2024, n. 41, the Agenzia delle Dogane e dei Monopoli, in compliance with the regulatory principles established by article 3 of the same decree and the principles emerging from the European legal system, must issue, following the outcome of a public tender, the concession for the operation and the remote collection of one or more of the public games provided for in Article 6, paragraph 3 of the same legislative decree, by virtue of which the operation and remote collection of public games are permitted to subjects in possession of the requirements and who assume the obligations referred to in paragraph 5, to which the Agency, following specific public tender procedures announced in compliance with national and Eu provisions, assigns the concession for a maximum duration of nine years, with the exclusion of renewal.
Currently, the remote operation and collection of games is entrusted to n. 89 companies, the concessions of which are being extended until 31 December 2024. The legislative decree imposes some requirements and conditions for the subjects who must manage remote gaming and provides a series of technical indications regarding the IT systems, which made it necessary to adopt the draft technical rules subject to the information procedure".
As anticipated by GiocoNews.it, the tender won't therefore move on to the next phase at least before the end of October, even in the best-case scenario. Even considering a quick response from Palazzo Spada, where it is reasonable to expect that the opinion cannot arrive beyond the next three months, the European process remains to be respected. Although, it must be said, Italy could still decide to proceed with the tender anyway, once it has had the green light from the Council of State, even with the European procedure still open, and then possibly reserve the right to intervene subsequently with possible changes, if requested by the Commission. A partial forcing, this, which in any case had already been used previously for other measures, when their adoption was considered urgent.
Although in this case it is difficult to imagine that the regulator could proceed in this direction, taking into account the sensitivity of the tender and, above all, the possible observations that could come from Brussels, given that the tender for the renewal of online concessions had received criticism from some of foreign and European organizations. In fact, we would like to remind you that the new online concessions will be assigned at a cost of €7 million each, as has never happened before in any country in Europe or the world.
Although, as we have found, Adm estimates that their value may even increase during the 9 years of validity of the authorizations.