In the case of settlements of disputes not limited to the contractual process, and hence not covered by the ADR scheme, operators are also required to notify the Gambling Commission of the outcome, but again they have every interest in preventing its wider dissemination, and frequently make the settlement the subject of a non-disclosure agreement (NDA) onlinecasinoluxembourg.com/testberichte/luckydays/.
An example was given to us by Mr Macey: “one of the companies that were initially dismissive towards me … offered to pay me the money I had lost with them (£1800) and requested I signed a ‘settlement agreement’. The case was primarily centred on the fact that the licence holder had sent me marketing material after I had self-excluded (it also included non-interaction however they were dismissive of this).” Later Mr Macey made clear that the ‘settlement agreement’ included a non- disclosure provision: “I am likely to be appearing on BBC Radio 4’s ‘You and Yours’ programme on Friday 13th September whereby I intend to publicly talk about this issue and breach the settlement agreement.”
When the industry representatives gave evidence, we asked them if their companies had ever agreed to compensate people suffering from gambling harms only if they signed non-disclosure agreements. Mr Alexander replied “We [GvC] have never done that. We have NDAs in place that are customer- friendly. In 2019, we entered into 28 of these settlement agreements. They have all been disclosed to the Gambling Commission … . We have never forced customers to sign them in the way that you have said.” He added that “there were 28 … they were absolutely not forced, and they were fully disclosed to the Gambling Commission.423