For the attention of gambling organizers, the following Notice was posted on the website of the National Office for Gambling:
“COMMUNICATION:
Attention gambling organizers
As a result of the expression in the public space of various opinions regarding the interpretation of the provisions of art. 7 para. (4) from G.E.O no. 77/2009, with subsequent amendments and additions, in order to avoid misinterpretation by gambling operators and implicitly the violation of the legal provisions that are the subject of this communication, the National Gaming Office as a specialist body in the field of gambling , comes to their aid, bringing to their attention the following:
The provisions of art. 7 para. (4) from G.E.O. no. 77/2009, with subsequent amendments and additions, expressly and unequivocally forbid the display outside gambling locations of values or goods awarded through real or simulated bonuses, promotions or “jack-pots”.
This provision will be interpreted in the sense that no information regarding the value of the prizes at stake and the jackpots awarded by gambling operators will be inserted on posters/panels/banners exposed on the outside surface of gambling locations , thus visible from the outside and not on other advertising materials. Likewise, goods of any kind that gambling operators grant through bonuses, promotions or real or simulated “jackpots” will not be exhibited/presented outside gambling locations.
With regard to the posters or advertising materials through which customer information campaigns are supported, it must be borne in mind that even in this case the information printed in these advertising materials must not contain the value or goods granted through bonuses, promotions or jack- pots.
In this sense, viewed from the outside, a location where gambling activities are carried out must meet the imperative conditions imposed by the legislator according to the provisions of art. 7 para. (4) from G.E.O. no. 77/2009, with subsequent amendments and additions, in conjunction with the provisions of art. 23 para. (3) and art. 80 of G.D. no. 111/2016, with subsequent amendments and additions.
The provisions of art. 22 para. (3) lit. e) from G.E.O. no. 77/2009, with subsequent amendments and additions, according to which non-compliance with the provisions of art. 7 para. (4) from the same normative act constitutes a contravention and is sanctioned with a fine from 50,000 lei to 100,000 lei and the possibility of applying the complementary sanction.
The supervisory committee can order, depending on the consequences, the measure of revoking the license to organize games of chance.
In the case of remote gambling, the provisions of art. 6 para. (3) and paragraph (5) of G.D. no. 111/2016, with subsequent amendments and additions, according to which
(3) the promotion of actions for awarding bonuses to participants is allowed only in their own locations or on their own or affiliates’ websites, as well as by sending electronic messages to players with active accounts in their own database, if they have expressed their prior agreement to receive them.
(5) actions to promote the goods and services sold, organized by any gambling organizer, consisting in the awarding of monetary or any kind of winnings, organized outside their own locations or outside their own internet pages, which involve the use of methods of awarding of prizes specific to games of chance, as provided for in art. 3 paragraph (3) of G.E.O. 77/2009 are subject to ONJN approval.
Promotion of bonus awarding actions outside own locations or on own/affiliates’ websites in violation of the above-mentioned legal provisions, according to the provisions of art. 151 para. (1) lit. b), paragraph (2)-(3) of G.D. no. 111/2016, with the subsequent amendments and additions, constitutes a contravention and is sanctioned with a fine from 10,000 lei to 25,000 lei and the possibility of applying the complementary sanction.
In relation to the above, we request the organizers of gambling games to take the necessary steps by 03.01.2023, so that the promotion activity complies with the legal provisions in the matter.”