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The Association of Point-of-Sale Software Developers (ASOPOS), an organization representing Dominican technology firms that specialize in designing software for the lottery sector, openly criticized the draft Law on Games of Chance currently undergoing discussion in the Dominican Senate. The bill, submitted by the current government, aims to establish a newer and more transparent system of regulation of gambling in the country.
In spite of participating in earlier consultation sessions with institutions like the Ministry of Finance, the Attorney General’s Office, and the Presidency, ASOPOS condemned the non-inclusion of software developers despite the explicit mention of regulated entities by the bill.
Regulatory Modernization Coupled with Legal Reservations
ASOPOS, in its official report, acknowledged the government’s efforts to modernize and make the gaming industry more transparent. It appreciated the labeling of draw-based terminals as “public draws“, which calls for impartial monitoring and oversight of electronic gambling.
However, the group expressed serious reservations about some provisions in the bill that could have unintended legal consequences for developers. The prime issue is what criminal liability means: the current phrasing could eventually make developers criminally liable for “facilitating betting“, even though their role is technical. ASOPOS highly recommended that legislators limit developers’ role to making sure their clients are properly authorized operators.
Dreads of Overregulation
ASOPOS also warned of proposed curbs on the development and introduction of new products. State authorization during the development phase of new products, according to the association, could dampen technological innovation. Regulatory approval should be involved only after the product is ready for commercial release, they suggest.
Another of the serious concerns is the legal status of installed software products. ASOPOS is promoting express recognition and grandfathering of already installed software, with continuity and legal certainty to companies already established in the market.
Recommendations for Balanced Regulation
The committee advised that regulatory controls be defined by mode of betting rather than by individual product. This, they explained, would promote more effective and consistent regulation, preventing arbitrary application.
In public information practice, ASOPOS suggested that prize boards and draw results must be allowed to be disseminated through visual media, screens, and electronic signage, provided these systems meet technical and security standards. They argue that such means are not only legal but also can effectively reach the public.
Strict Adherence to Fair Competition and National Industry Development
ASOPOS also complained about the extension of liability towards developers as being unnecessary, as they contended that the state has sufficient legal tools available to it to identify and pursue illegal operators without punishing those responsible for software infrastructure.
The group reaffirmed its commitment to legality, transparency, and technological progress guided by competitiveness, freedom, diversity, and incubation of business. It highlighted the need for fair treatment of indigenous firms, prevention of market monopoly, and promotion of innovation through diversity of suppliers.
Finally, ASOPOS urged the Senate and government actors to scrutinize the bill’s language to make it supportive of, rather than inhibitive to, the developing digital gaming industry of the Dominican Republic.
Source: YogoNet
