SPER unveils terms and conditions best practice guide for operators

Swedish trade association SPER has released a new nine-point best practice guide for its members which aims to provide better consumer protection through operator terms and conditions (T&Cs). The trade body, which represents some of Sweden’s biggest igaming and sports betting operators including Svenska Spel and ATG, said it published the guide in response to the Swedish Consumer Agency’s (KO) criticism of operator T&Cs. In December 2020, KO branded the terms and conditions (T&Cs) of 13 licensed operators as “unreasonable, vague and misleading” following a review of operator practices. Smarkets, Svenska Spel, Videoslots, ComeOn, Aspire Global and eight other operators were among those highlighted by KO for supposed shortcomings in contracts with players. These included an overtly high level of documentation required from players when withdrawing and severe restrictions on player rights to withdraw funds. “The Swedish Consumer Agency has pointed out that there is great potential for improvement when it comes to agreements,” SPER CEO Jenny Nilzon said. “This is intended as a help and guidance. Our recommendation is based on it being clear and comprehensible to consumers what applies when you become and are a customer,” she added. SPER’s recommendation contains nine points and aims to complement the rules for consumer protection contained in current legislation and the practice created by authorities. It includes guidance on providing clarity to consumers so that players can understand what would happen if these circumstances were triggered and guidance on how the application of foreign laws must be explained to the player. The guide also makes recommendations aimed at better explaining to consumers why documentation is required and explaining terms and conditions changes to avoid confusion and ambiguity. “It must be clear to the gaming customer which requirements apply to deposits of funds in gaming account. The same applies to withdrawals of funds,” the guide explains. “Any requirements for documentation that the gaming customer must submit must be the same whether it is about depositing money or withdrawing winnings. “Which approved methods for transferring funds that the gaming operator uses must be stated in the terms. Unclear conditions that limit the gaming customer’s right to withdraw money should be avoided,” the guide adds. In addition to recommendations on deposit, withdrawals and clarity, the guide also includes best practice on deregistering players, information on clear disclaimers and complaints procedure as well as potential signposting to alternative dispute resolution (ADR) entities.