Responsibility of Master Licensees for Mirrors: Court Decision in Curaçao

The Court of Curaçao issued an important decision in a case related to the violation of self-exclusion rules on the illegal BK8 website, which operated under the master license of GSP.

The plaintiff in this case was a player suffering from gambling addiction, whose data was used to reactivate an account on a mirror site of the casino, despite his request for a block.

This case set a precedent for determining the responsibility of master licensees for the operation of mirrors and compliance with their licenses.

Case Summary

The player who filed the lawsuit had previously submitted a self-exclusion request to the BK8 casino, but his account was reactivated through a mirror site, violating his rights and the principles of self-exclusion.

During the proceedings, representatives of BK8 and the master licensee GSP refused to provide information, arguing that the mirror site was outside their jurisdiction.

However, the court ruled that the site used the GSP license, and therefore, the operator is responsible for the operation of mirrors and their compliance with regulations.

Legal Proceedings

The plaintiff, supported by the SBGOK foundation, demanded that BK8 and GSP provide information on transactions and communications with the casino. In response, the site operators claimed that the mirror site was outside their jurisdiction.

Nevertheless, the court ruled that the information requested by the foundation should be provided, as the GSP license extends to mirror sites. The court also ruled that a fine of €2585 would be imposed for each day of delay in providing the data.

Legal Arguments and Court Decision

Plaintiff’s Demands

SBGOK filed a lawsuit demanding that BK8 and GSP provide a full history of transactions and chats related to the plaintiff. The foundation sought to gather evidence for a potential lawsuit against the site operators. The court accepted the foundation’s arguments about the legitimacy of its claims, as the transfer of rights to the lawsuit and the gathered information complied with the law.

Defendants’ Responses

Black Hawk and GSP argued that they were not obligated to provide this data. GSP insisted that they were not involved in the operation of the site, citing the termination of their agreement with Black Hawk and the expiration of their license. However, the court found these arguments unconvincing, stating that the information concerned the period when the license was valid.

Master Licensee Responsibility

The court emphasized that the master licensee GSP is responsible for ensuring compliance with all license conditions, including providing data on the operation of the casino and mirror sites. Despite the expiration of the GSP license, their responsibility for the violation continued to apply, as the events occurred during the license’s validity period.

Conclusion

As a result of the legal proceedings, the court ruled that BK8 and GSP must provide all requested data within seven days, under threat of a fine. Court costs were also awarded against the defendants.

This decision highlights the importance of maintaining security standards and accountability when operating online casinos, especially in matters related to self-exclusion and user rights protection.

The Curaçao case law in this matter serves as an important precedent for further regulation of online casinos and their mirror sites.