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[St Stevie25 WANTED $254 Outlaw]

https://www.gamblingcommission.gov.uk/news-action-and-statistics/news/2019/Industry-warning-notice-use-of-non-disclosure-clauses-NDAs.aspx

NDA with consumers are getting looked at & this is good news for the UK.

As set out in paragraph 4.2 of our Statement of principles for licensing and regulation, the Commission expects operators to:

work with the Commission in an open and co-operative way
comply with both the letter and spirit of their licence and associated Commission regulations
disclose to the Commission anything which the Commission would reasonably expect to know
conduct their business with integrity
act with due care, skill, and diligence
take care to organise and control their affairs responsibly and effectively and have adequate systems and controls to minimise the risks to the licensing objectives
have due regard to the interests of consumers and treat them fairly
have due regard to the information needs of consumers and communicate with them in a way that is clear and not misleading.

We consider that non-disclosure clauses would be improperly used if their effect was to:

prevent, impede or deter, a person from:reporting misconduct, or a breach of our regulatory requirements to us, or making an equivalent report to any other body responsible for supervising or regulating the matters in question
making a protected disclosure under the Public Interest Disclosure Act 1998
reporting an offence to a law enforcement agency
co-operating with a criminal investigation or prosecution
seeking treatment for problem gambling and discussing their gambling history with treatment providers
influence the substance of such a report, disclosure or co-operation

For avoidance of doubt:

the above expectations apply to any clause which purports to restrict disclosure to third parties, and not just clauses which specifically name the Gambling Commission
compliance with the above expectation will not be achieved by including an exemption clause in the settlement agreement which states that a customer may report the matter to a regulator if they are required to do so.

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