INTERVIEW – YURI GUERRA
DGJCMT has as a priority the continuation of being considered internationally as one of the best regulators in the gaming industry
local and global brands. Does DGJCMT have a format to differentiate local brands from foreign ones in the technological aspect? YG: The Regulations of Law No. 31557, establishes that the licensed owner of a technological platform to exploit its own authorized business has the obligation to file in the domain with the extension that will be used for the exploitation of the Technological Platform for remote gambling and/or remote sports betting. Likewise, in applications for operating authorization, the DGJCMT knows whether the legal entities that file in for a licence are companies incorporated in the country or abroad.
Such mechanisms enable DGJCMT to differentiate local brands from foreign ones, and similarly, through the domain, users will be able to learn about the brands, the necessary information that is open to the public through the institutional website.
RCM: Changes in regulations on gaming opportunities and strategies for operators to stand out at a competitive level create commercial alliances in sports, especially football, can all this cause problems to the regulator? YG: Commercial alliances between owners of online gambling operations and sports betting platforms and companies dedicated to sports are not prohibited under Law No. 31557. However, the regulation stipulates that it is an administrative offense to use or consent to the use of fraudulent, irregular or illicit operations in the exploitation of remote games or remote sports betting. As long as commercial alliances are not made to commit fraud, computer crimes or for any other illicit purpose there is no crime in the gambling sector.
RCM: There are platforms that offer operator solutions using White Labels to integrate betting sites and online casinos. Is this allowed in Peru, according to the approved regulation? YG: In this regard, as long as a technological platform complies with the technical requirements approved in Peruvian regulations
and has the appropriate authorization and registration (homologation), it can be exploited in the national territory. Likewise, the regulation allows the integration between technological platforms, as well as the integration of these with different services linked to the operation of remote games and sports betting.
And although Peruvian regulations allow such integrations, for administrative purposes the owner of the operation of remote games and/or remote sports betting is always liable in all administrative responsibilities before the regulator.
RCM: Finally, in terms of strengthening regulation against illegal online gambling sites, how are you going to treat influencers using unauthorized sites because of the impact they may have on younger audiences? YG: Law No. 31557 and its Regulations prohibit the public distribution of advertising of technological platforms for remote gaming and remote sports betting and remote sports betting
gaming halls that are not previously authorized by MINCETUR. Additionally, there is also a provision establishing that non-observance of the law constitutes a legal infringement under the Repression of Unfair Competition Law, which is under the competence of Peru’s National Institute for the Defence of Competition and the Protection of Intellectual Property – INDECOPI. However, advertising of illegal online gaming and remote sports betting sites carried out through influencers is not within the competence of MINCETUR (Ministry of Foreign Commerce and Tourism). Nonetheless, mechanisms will be established so that the competent entity knows about those complaints made by the general public regarding advertisements that constitute an administrative infringement under the Law on the Repression of Unfair Competition. Furthermore, MINCETUR will proceed to exercise the corresponding inspection actions in relation to the illegal exploitation of technological platforms for remote sports games and betting in the Peruvian jurisdiction.
NOVEMBER 2024 11
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