Romanian gambling law goes to president

[Triple7]

This is what they replied to me what is their definition of an affiliate:
persoană fizică sau juridică, care realizează venituri în baza unui contract încheiat cu un organizator de jocuri de noroc la distanță, ca urmare a participării la joc a jucătorilor direcționați de către acesta pe site-ul sauplatformaorganizatorului.


The bold part means something like "who is realizing revenues based on a contract, closed with an operator of remote games of luck". So, I suppose it doesn't make any difference if you're paid on a revenue share base, CPA, hybrid, per click, etc.

I got four letters here, but still no answer to what I asked them.

[alin04]

Yes. There's one escape and that escape is that other advertisement structures are not included of what they define as "affiliate". But, so far they stated to me that everybody who's promoting gambling sites, is an affiliate. I guess even if you're not getting paid at all.

I need to go there to discuss things with them to get things clear. Mailing and mailing leads to nowhere in this case. I also want to know a bit more what's possible and what not. Perhaps some kind of JV is also an option to get a license.

If I dont have a banner or a link on my site, they can t say anything or make me wanna pay. This is not a comunist country anymore. We will see next month...

[Sherlock]

The bold part means something like "who is realizing revenues based on a contract, closed with an operator of remote games of luck". So, I suppose it doesn't make any difference if you're paid on a revenue share base, CPA, hybrid, per click, etc.

I got four letters here, but still no answer to what I asked them.

This opens a way for some superaffiliates with licence. Or the bookies with affiliate licence. Then my contract would be with that entity, which is not the operator of the game of luck.

[ocreditor]

Yes. There's one escape and that escape is that other advertisement structures are not included of what they define as "affiliate". But, so far they stated to me that everybody who's promoting gambling sites, is an affiliate. I guess even if you're not getting paid at all.

I need to go there to discuss things with them to get things clear. Mailing and mailing leads to nowhere in this case. I also want to know a bit more what's possible and what not. Perhaps some kind of JV is also an option to get a license.

I guess a meeting would be the best of course to get things clear enough... can you advise what you mean by JV ?

Yes. For now.
Probably in a month or two we will know for sure.

Yes this is all so fresh now so true in couple of months everything must be more solid

[ocreditor]

This opens a way for some superaffiliates with licence. Or the bookies with affiliate licence. Then my contract would be with that entity, which is not the operator of the game of luck.

I agree, this Class II license is completely dubious law... they already taxing the player through the operator and all the associated services so
As long as affiliate or anyone decide to promote a legal casino why do you forcing to pay again another fee... only damage the competition

[Triple7]

I guess a meeting would be the best of course to get things clear enough... can you advise what you mean by JV ?




Yes this is all so fresh now so true in couple of months everything must be more solid

JV is a joint venture. A company applies for a license and various affiliates can work under that license, as I suppose you're allowed to have more than one website if you're having a license.

[Triple7]

That sounds very much like my story. I wasted time to not even have my question answered properly.

1) This sounds logical. If your website is not based in Romania, blocking Romanian traffic and has no .ro-extension, it obviously has nothing to do with Romania. So I truly doubt if ONJN has anything to say about this sort of websites.

2) Although, I have asked the same question to ONJN. I've got a statement (it looks quite official) that I need a license. This statement nowhere is answering my questions. It seem to be just some kind of standard statement that they send to people asking for it.

3) I see no problems with a joint license, but also I don't see what Romania has to do with non-Romanian websites that are not accessible from Romania and do not have a .ro-extension. I suppose the license is given to a company, not to a website. I don't see any urls in in 'licenta II-a' overview. Just companies when it's about affiliates. If I'm right, it's also not necessary that a Romanian company takes the license.

I'll be in Bucharest in September. I have no opportunity to go earlier to Bucharest. Mailing and calling with ONJN is like talking to a wall.

[Magic-Johnson]

That's what i said yesterday. Soon, all countries will legalize gambling to charge more taxes for the country.

[KimKim]

Great that NetEnt is finally operating in Romania as well

[ocreditor]

Great that NetEnt is finally operating in Romania as well

It's the only great thing happened in Romania lately

[Magic-Johnson]

yeah, especially after Romania's lost against Albania team in EURO 2016

[alin04]

yeah, especially after Romania's lost against Albania team in EURO 2016

Shameful exit for Romania at Euro 2016. This is the image of Romanian football. Bankrupt and dead. First to arrive, first to leave. Embarrassing

[Magic-Johnson]

Romania is like Ukraine. Horrible exit from the group and both teams in yellow shirts

[KimKim]

It's the only great thing happened in Romania lately

hahahahah it really is, especially regarding Euro 2016

[milton]

Bad news. It seems that every affiliate needs a license, without exception (even for international sites where you are blocking Romanian IPs).
I have contacted a laywer and this is what he said:


"Am luat legătura cu avocații noștri specializați pe drept contravențional și ONJN și într-adevăr, în ultima perioadă, având în vedere noile norme, si afiliații trebuie sa obțină licenta.

ONJN deja a început sa aplice sancțiuni severe pentru lipsa acestor licente. Chiar dacă poate părea la prima vedere ca legislația este ambigua, în interpretarea ei rezulta ca și afiliații trebuie sa obțină aceste licențe, neexistând excepții.

Prin urmare, sfatul nostru este sa încercați sa obțineți acesta licență cat mai curând posibil."

[robyroy]

Only if you promote casino/poker brands in Romania. But now, if will maintain $6 k class II licence ... is not an attractive market for affiliates.

[milton]

Only if you promote casino/poker brands in Romania. But now, if will maintain $6 k class II licence ... is not an attractive market for affiliates.

The laywer clearly said there are not exceptions. This means that all affiliates who live in Romania have to get the license, even if you are not promoting anything in Romania.

[robyroy]

strange. Really strange.

[ocreditor]

bad news. It seems that every affiliate needs a license, without exception (even for international sites where you are blocking romanian ips).
I have contacted a laywer and this is what he said:


"am luat legătura cu avocații noștri specializați pe drept contravențional și onjn și într-adevăr, în ultima perioadă, având în vedere noile norme, si afiliații trebuie sa obțină licenta.

onjn deja a început sa aplice sancțiuni severe pentru lipsa acestor licente. Chiar dacă poate părea la prima vedere ca legislația este ambigua, în interpretarea ei rezulta ca și afiliații trebuie sa obțină aceste licențe, neexistând excepții.

prin urmare, sfatul nostru este sa încercați sa obțineți acesta licență cat mai curând posibil."

bad news indeed!!

[Sherlock]

It only shows the dumbness of Romanian gvmnt. There is no way to enforce this and any Romainian affiliate with decent non Romanian traffic will just go offshore or soft-offshore within EU.

If anyone from Romania wants a tip to decent virtual address within EU just PM me.