WILLEMSTAD - There are specific parts of the new Online Gambling Act (LOK) that the Bar Association disagrees with. One of them concerns the certificate granted to service providers such as lawyers themselves, the oversight, and the penalties when a lawyer decides to apply for such a certificate as mentioned in Article 5-17 of the draft law.
This was brought forward by Mrs. Carine Jansch of the Bar Association during a presentation to establish the position of this entity regarding the mentioned law. The organization believes there are objections, which have already been expressed in several letters to the government.
Furthermore, she stated that in a letter from January, the board mentioned their objection to the accreditation of lawyers by the Curaçao Gaming Authority (CGA). But the Minister of Finance responded by saying that accreditation had been replaced by a certificate and that this is voluntary. However, this is simply unacceptable for the lawyers, as it reintroduces a mechanism for control and evaluation through a backdoor.
According to Mrs. Jansch, the CGA can issue a certificate for service to customers active in online gaming under the bill. The application for a certificate can be considered if the applicant has the necessary knowledge, experience, and quality to provide this type of service.
The certificate remains under the supervision of the CGA. However, if the certificate is requested and granted by the CGA, the oversight is no longer voluntary, and that is the Bar Association's main objection, as lawyers are already subject to a lawyer assessment law.
This supervision is highly focused on the legal profession and is aimed at protecting those seeking justice. In the case of the CGA, however, this is not the case. Moreover, the oversight by the CGA is not sufficiently clear in the bill and contains many gaps, according to the legal profession.