(1) 1Obliged entities under section 2 (1) no. 15 are, insofar as they offer or broker online games of chance, subject to the special provisions of subsections (2) to (8). 2The threshold under section 10 (5) does not apply when the general due diligence requirements are applied.
(2) The obliged entity may only admit a player to an online game of chance once it has set up a gambling account for the player in the name of the player.
(3) 1The obliged entity may not accept any deposits or other refundable monies from the player in the gambling account. 2The balance in the gambling account must not bear any interest. 3Section 3 (3) sentence 3 of the Payment Services Supervision Act applies to funds received, with the necessary modifications.
(4) 1The obliged entity must ensure that the player’s transactions to the gambling account occur only
- through a payment transaction executed
a) by means of a direct debit as defined in section 1 (1) sentence 2 no. 3 (a) of the Payment Services Supervision Act;
b) by means of a credit transfer as defined in section 1 (1) sentence 2 no. 3 (c) of the Payment Services Supervision Act;
c) by means of a payment card as defined in section 1 (1) sentence 2 no. 3 (b) of the Payment Services Supervision Act in the name of the player and
- from a payment account as defined in section 1 (17) of the Payment Services Supervision Act which was set up in the name of the player with an obliged entity under section 2 (1) no. 1 or no. 3.
2The obliged entity may be exempted from fulfilling the requirements set out in sentence 1 no. 1 (c) and no. 2 if it is guaranteed that the payment for participating in the game does not exceed €25 for a single transaction or €100 for several transactions in a calendar month.
(5) The obliged entity is required to inform the supervisory authority without delay whenever a payment account as defined in section 1 (17) of the Payment Services Supervision Act held in its name with an obliged entity under section 2 (1) no. 1 or no. 3 is opened or closed, into which account a player’s funds are accepted to enable participation in online games of chance.
(6) When the obliged entity or another issuer issues a player with monetary value stored on an instrument as defined in section 2 (1) no. 10 of the Payment Services Supervision Act which is intended to be used for gambling account transactions, the obliged entity or issuer is required to ensure that the identity of the holder of the instrument with monetary value is the same as that of the gambling account holder.
(7) 1The obliged entity may carry out transactions to the player only
- through a payment transaction executed under subsection (4) and
- to a payment account set up in the name of the player with an obliged entity under section 2 (1) no. 1 or no. 3.
2The obliged entity is required to specify the payment reference in the transaction in such a manner that the reason for the payment transaction is transparent to an outside observer. 3The competent authorities may designate standard wordings to be used by the obliged entities for the payment reference.
(8) 1By way of derogation from section (11), the obliged entity may carry out a provisional identification of a player for whom it sets up a gambling account. 2The provisional identification may be based on an electronic copy or a copy sent by post of a document under section 12 (1) sentence 1 no. 1. 3A full identification is to be conducted subsequently without delay. 4Both the provisional and the full identification may also take place on the basis of the requirements regarding identification and authentication under gambling law.