Although Curaçao currently holds a significant share of the market, this is likely to change rapidly, especially now that the official abolishment of the Curaçao master license regime has entered into effect. These issues are becoming increasingly evident amid recent court decisions, which have increasingly favored European players.
Curaçao Licensing Regime Changes Galvanizes Companies to Look Elsewhere
Many operators choose to work under a Curaçao license due to its easy accessibility and simplicity during the initial stages. However, easy access to the license is now no longer relevant, as operators are required to go through a more scrutinizing licensing process with the Curaçao Gambling Control Board to obtain a license. Previously, operators could simply engage with an existing master license holder, but with the abolition of this status, this previous advantage no longer applies.
Consider a typical player from a European country who plays at an online casino licensed by Curaçao instead of a local license as required by local law. When the player experiences a loss, they may decide to recover their money and file a lawsuit against the gaming platform in a court that adheres to European Union legislative acts. After obtaining a favorable judgment in their home country, the player can then bring this judgment to Curaçao for enforcement. According to the latest case law in Curaçao, the courts there have taken a very permissive approach towards such claims and have enforced them.
The alternative for Curaçao-based companies and operators who refuse to pay such claims is the risk of being declared bankrupt. This process has provided a platform for fraudulent players and opportunistic lawyers to exploit the legal system to recover their so-called “lost” funds. Consequently, many operators are abandoning Curaçao licenses in favor of other jurisdictions like Kahnawake, Anjouan, or Tobique.
The current lack of specific protective measures found in other jurisdictions is a critical aspect of the issue. For example, Malta has promulgated Bill No. 55, which safeguards the licenses within its jurisdiction from the interference of foreign court rulings. This legislation is one of the most important in the field, ensuring online casino operators are not subjected to discrimination.
To illustrate, if an operator is sued by players from Europe who have placed bets or wagers with the operator under a Maltese license, the local courts in Malta will not deliberate cases in which the legality of the use of the Maltese license is questioned if the license was used by Maltese requirements.
Instead, the courts will block or dismiss any foreign judgment introduced in Malta, thereby protecting the operators. In contrast, Curaçao courts have taken a completely different course, actually paving the way for players to exploit the system and bring claims against Curaçao operators for the reinstatement of legitimately “lost” funds.
Alternative Licenses: Kahnawake, Anjouan, and Tobique
Amid this danger and lack of protection, operators are increasingly considering alternative licensing options in other jurisdictions such as Kahnawake, Anjouan, and Tobique. These jurisdictions offer several advantages that make them attractive to operators.
Kahnawake: The Kahnawake is one of the oldest and most reliable of the jurisdictions providing a license for online gambling, and can be found in Canada. It is famed for its rigid regulatory regime coupled with strong legal resistance against opportunistic litigation. Kahnawake licensed operators can rest assured that the legal environment will be stable and predictable, thus, the legal issues that can be very costly are minimized.
Anjouan: Part of the Union of the Comoros, Anjouan also offers favorable conditions for online gambling operators. This jurisdiction does not require operators to have a physical presence, allowing them to avoid direct oversight by local courts. Anjouan provides flexible business conditions and reliable legal protection, making it an attractive alternative for operators looking to minimize legal risks.
Tobique: Also located in Canada, Tobique offers online gambling operators unique opportunities. This jurisdiction is characterized by flexible management and provides operators with a stable and predictable legal environment. With no requirements for physical presence and strong protection against lawsuits, Tobique is an appealing option for operators seeking a secure and stable licensing base.
These jurisdictions share several common advantages that make them preferable for operators:
- Protection against opportunistic lawsuits – These jurisdictions often have better protections against frivolous or opportunistic lawsuits, reducing the risk of costly legal battles.
- Flexible jurisdiction management – Many alternative licenses do not require operators to have a physical presence in the licensing jurisdiction. This allows operators to avoid direct oversight by local courts, which can lead to unfavorable rulings.
- Stability and predictability – By choosing a jurisdiction with a more stable and predictable legal environment, operators can safeguard their business from the type of legal exploitation observed in Curaçao.
The i-gaming sector is a bright and always growing one, with many new regulators, permissions, prohibitions, jurisdictions, and licenses coming up all the time.
By working under just one well-known license, operators narrow down their options, which is an unwise strategic decision. Surely, the Curaçao license is one of the easiest to get and most recognizable today, but this strong brand name has very high risks. Nevertheless, new licenses give new chances for the operators, with the major advantages being stability and safety.
