On April 8, the Curaçao Gaming Authority (CGA) released a new policy guideline titled Policy Guideline: Terms and Conditions (v1.0). This document, based on Article 11 of the operator's licensing conditions and Article 5.8(k) of the national gambling ordinance (LOK), establishes mandatory requirements for Terms and Conditions (T&C) for B2C licensees for the first time. The guidelines will come into effect six months after publication.
The iGN editorial team highlights the key requirements outlined in the document:
How Operators Must Present T&C and How Players Accept Them:
- T&C must be accessible to players with one click from the homepage, registration, and personal account.
- Players must accept T&C through an active action (checkbox); passive acceptance (using the site implies agreement) is prohibited by the CGA.
- In case of significant changes, operators must obtain active consent from players again.
- Operators are required to keep an archive of all T&C versions from December 24, 2024, and document whether players accepted or declined them.
What Operators Must Disclose to Players:
- Legal name, address, Chamber of Commerce number in Curaçao, CGA license number, issuance date, and licensee name in the regulator's registry.
- If a legal entity with a license from another regulator provides services under the same brand, the operator must inform players and specify which products are not regulated by the CGA.
- The agreement is governed by Curaçao law, and disputes are settled in the competent court of Curaçao (Article 5.5 LOK).
- Operators are not financial institutions and do not pay interest on deposits.
What T&C Must Include Regarding Player Admission and Data Protection:
- Minimum age, list of jurisdictions with admission and prohibition, and a ban on account transfer and sale.
- Procedures for processing, storing, and transferring personal data in accordance with GDPR and LOK.
What T&C Must Include Regarding KYC and AMLCFT:
- KYC procedures, list of documents, and timing of verification activation.
- Upon account closure, the operator may update KYC but cannot request data beyond what was asked during account opening, except for AMLCFT obligations.
- Notification to players about transaction monitoring and checks against sanction lists and PEP lists.
What T&C Must Include Regarding Accounts and Funds:
- Procedures for closing, suspending, and dormant accounts, including fund return processes.
- All deposit and withdrawal methods and expected processing times for each method.
- Fees for inactive accounts must be fair and proportional.
- Refunds to the original account, procedures for when the account is unavailable.
- Rules for cryptocurrency (delisting tokens, forks, sanctioned and blocked addresses).
- Verification is mandatory, especially for cumulative deposits and withdrawals over $2,200.
What T&C Must Include Regarding Operator Liability and Bet Cancellation:
- Limits of liability in case of technical failures, fraud, unauthorized access, and live dealer errors.
- Procedures for bet cancellations, errors in odds, and software bugs with conditions for refunds.
What T&C Must Include Regarding Currency and Winnings:
- Betting rules in different currencies, including cryptocurrencies, and crediting winnings in the currency of the bet.
- Operators must disclose cases where winnings cannot be cashed out.
- Conditions for confiscation or limitation of winnings.
What T&C Must Include Regarding Bonuses:
- Players must accept bonus conditions before participating in promotions.
- Operators are required to disclose wagering requirements, timeframes, withdrawal conditions, and conditions for confiscation of bonus funds.
What T&C Must Include Regarding Game Fairness, Responsible Gaming, and Disputes:
- Statement on certified RNGs, definition of outcomes for non-RNG products.
- Responsible gaming policy and complaint submission procedure.
Sanctions for Non-Compliance:
- Orders, administrative fines, suspension, or revocation of licenses.
The operator's T&C must comply not only with the guidelines but also with the private law norms of Curaçao, including provisions of Book 6 of the Civil Code on general terms of transactions. In case of conflict with other CGA policies (AMLCFT, Responsible Gaming, Player Complaints), the relevant policies take precedence. Operators are required to upload the current English version of T&C to the CGA portal, and if there are multiple brands with different T&C, all versions must be uploaded.