The Gambling Commission has warned operators that the signing of non disclosure agreements with customers in settlements could be considered a breach of licence conditions.
In cases where NDAs are seen to be “preventing those consumers from reporting regulatory concerns” the commission stated self-reporting was expected from operators, regardless of third-party contact prohibitions.
“If a customer in the course of negotiating a settlement agreement states that they intend to report a matter to the Commission, we expect licensees will normally be able to inform the customer that they have already self-reported the incident,” said a statement from the UKGC. “When there is a failure to self-report to us…and there has also been a settlement agreement containing an NDA concluded in relation to the underlying facts, this may be seen as an aggravating factor in any regulatory action the Commission may choose to take.”
The statement follows recent reports of increasing NDA use between operators and customers, with Ladbrokes owner GVC confidentially settling a £1m problem gambling dispute out of court in December 2018.
“We notified the commission of this case at the relevant time and will continue to cooperate with our regulator,” stated a response from GVC.