Ministry of Finance Ordinance SPA/MF No. 1.231, of July 31, 2024 – Establishes rules and guidelines for responsible gambling and for communication, advertising, and marketing actions, and regulates the rights and duties of bettors and operating agents.

SPA/MF Ordinance No. 1.231, of July 31, 2024

Establishes rules and guidelines for responsible gambling and for communication, advertising, and marketing actions, and regulates the rights and duties of bettors and operating agents, to be observed in the commercial exploitation of the fixed-odds betting lottery modality dealt with in Article 29 of Law No. 13.756, of December 12, 2018, and Law No. 14.790, of December 29, 2023.

The Secretary of Prizes and Betting of the Ministry of Finance, in the exercise of the powers conferred upon him by Article 55, item I, subparagraph “d”, of Annex I of Decree No. 11.907, of January 30, 2024, and considering the provisions of Article 29, § 3, of Law No. 13.756, of December 12, 2018, Law No. 14.790, of December 29, 2023, and Normative Ordinance MF No. 1.330, of October 26, 2023, resolves:

CHAPTER I – PRELIMINARY PROVISIONS

Article 1. This Ordinance establishes rules and guidelines for responsible gambling and for communication, advertising, and marketing actions, and regulates the rights and duties of bettors and operating agents to be observed in the commercial exploitation of the fixed-odds betting lottery modality, as provided for in Article 29 of Law No. 13.756, of December 12, 2018, and Law No. 14.790, of December 29, 2023.

Article 2. For the purposes of this Ordinance, the following definitions apply:

I – Responsible gaming: the set of rules, practices and activities aimed, in the context of the fixed-odds lottery modality, at guaranteeing:

a) economic exploitation, promotion and advertising of this modality in a healthy and socially responsible manner; and

b) prevention and mitigation of individual or collective harm resulting from the activity, including:

1. Negative consequences to the gambler's mental health due to addiction, compulsion, mania, or any disorder associated with gambling or betting, such as pathological or abusive gambling;

2. Negative consequences for the gambler's physical health;

3. violations of consumer rights, especially those associated with financial problems, indebtedness, and over-indebtedness; and

4. Social problems.

II – Betting platform: an electronic channel integrated into the betting system used to offer sports betting and online games to bettors;

III – Regulator: the body responsible for regulating, authorizing, and overseeing activities related to fixed-odds betting, corresponding to the Prizes and Betting Secretariat of the Ministry of Finance;

IV – Registered account: a prepaid deposit or payment account, held in the name of the bettor, maintained at a financial or payment institution authorized to operate by the Central Bank of Brazil, used as the source of financial contributions and as the destination of prizes received and withdrawals of financial resources made by bettors with the operating agent;

V – Inactive account: a bettor's account with a fixed-odds betting operator that has not placed any bets for a period of ninety days;

VI – Affiliates: natural or legal persons who advertise for a betting operator, in exchange for compensation, even if not financial, linked to results, such as the number of bettors attracted or the amounts deposited or spent;

VII – online game provider: legal entity that, directly or indirectly, provides online games to betting operators;

VIII – betting intermediary: a user registered in a betting system who places bets for third parties in their own account, settling the bets outside the system provided by the betting operator;

IX – betting exchange: a category in which bettors bet against each other and the multiplier value of the bet – odds – is defined between them and not by the betting operator, who may charge a commission on the net profit of the winning bet;

X – rocket texts: short messages that convey an advertising message with the aim of promoting a commercial brand;

XI – authentication: identity verification process for registration or access by the bettor to the fixed-odds betting operator's system;

XII – rewards: all types of prizes, in cash, points, free bets or other lawful form, that are part of a loyalty program or that aim to reward previously established conduct of the bettor, except for conduct prohibited by article 29, caput, item I, of Law No. 14.790, of December 29, 2023;

XIII – early withdrawal – cash out: a way to close a bet early, at the bettor's initiative, entitling them to a fraction of the prize;

XIV – Terms and Conditions: document that brings together the rules governing the contractual relationship between the betting operator and the bettor;

XV – investigation process: process initiated within the betting operator to verify the occurrence of a legal or regulatory infraction committed by the bettor against the operator, or by the operator against the bettor, the regulator or any public authority, or by either of these two against sporting integrity;

XVI – primary sports betting market: bets on the final result or the score difference of a sporting event;

XVII – secondary sports betting market: all types of bets related to sporting events that are not part of the primary market;

XVIII – betting system: computerized system managed and made available by the betting operator to bettors that enables bettors to register, manage their virtual wallets and other functionalities necessary for the management, operation and marketing of fixed-odds bets;

XIX – sponsorship: a communication action carried out through the acquisition of the right to associate the sponsor's brand or products and services with a project initiated by a third party, through the signing of a paid contract;

XX – Theoretical Return to Player (RTP): the percentage of profit programmed by the betting operator for the betting system, in relation to the total value of bets placed on a certain number of events or period, and which serves as a measure of the aggregate and theoretical return of the betting system, and cannot be interpreted as an expectation of individual profit for the bettor per bet; and

XXI – Internet applications: the set of functionalities that can be accessed through a terminal connected to the internet, including video portals, social networks, search engines, artificial intelligence platforms, or programmatic advertising.

CHAPTER II – RULES AND GUIDELINES FOR RESPONSIBLE GAMING

Section I – Duties of the Betting Operator to Guarantee Responsible Gaming

Article 3. For the purposes of implementing responsible gaming, the betting operator must:

I – to act diligently in structuring its betting system, all advertising, publicity and marketing actions, as well as its physical or electronic channels, in order to:

a) respect the principles of responsible gaming;

b) to prevent addiction and pathological gambling disorders; and

c) to ensure compliance with the ban on gambling by children and adolescents;

II – To promote awareness of the risks of addiction, pathological gambling disorders, and the prohibition of gambling by children and adolescents through:

a) collaboration with educational campaigns in the sector aimed at society in general and groups at risk of addiction and pathological gambling disorders; and

b) conducting its own educational actions and campaigns with its potential consumer audience;

III – Maintain systematic communication with registered bettors, according to its responsible gambling policy, alerting them about responsible gambling, the risks of addiction and pathological gambling disorders, forms of prevention and treatment alternatives; and

IV – To develop a responsible gaming policy and ensure that it accurately reflects the actual functioning of its betting system.

Article 4. In the betting system, for the purposes of implementing responsible gambling, the betting operator must:

I – to inform the bettor, at the time of registration, as well as at the time of accessing the betting system, about the risks of addiction, pathological gambling disorders, and loss of betting amounts;

II – to inform the player of the theoretical return for each online game available on the betting system;

III – provide guidance on warning signs for self-monitoring regarding the risk of addiction and pathological gambling disorders;

IV – to enable bettors to:

a) adoption of a prudential betting limit based on elapsed time, financial loss, total deposited amount or number of bets, with the possibility of linking such limits to daily, weekly, monthly or other periods;

b) option for programming, in the betting system, alerts or usage blocks, according to the time elapsed in the bettor's session;

c) adoption of pause periods, during which the bettor will have access but will not be able to place bets on their account; and

d) request for self-exclusion, for a fixed period or permanently, in which the bettor's account will be closed, and they can only register again after the defined period has ended;

V – guarantee a mechanism for temporary or permanent exclusion from the betting system, in which the bettor's account will be closed, and they will only be able to register again after the defined period has ended;

VI – to monitor the behavior of gamblers regarding the risk of addiction and pathological gambling disorders;

VII – to suggest, regardless of request, the adoption of prudential limits associated with alerts or blocks, the performance of self-testing, or the adoption of a self-exclusion mechanism for all bettors and users of the platform, according to the profile classification contained in its responsible gaming policy;

VIII – suspend the use of the betting system by bettors at high risk of addiction and pathological gambling disorders, in accordance with its responsible gambling policy;

IX – to provide, in a clear and accessible manner, a specific “responsible gaming” section in the betting system, with the following minimum content:

a) guidance on how to gamble responsibly and on the risks associated with gambling, including addiction, pathological gambling disorders and other problems related to gambling;

b) offering a self-assessment questionnaire on risks associated with gambling, including addiction, pathological gambling disorders and other problems associated with gambling;

c) indication of “warning signs” for self-monitoring regarding the risk of addiction and pathological gambling disorders;

d) clear instructions for the bettor to access preventive mechanisms for addiction and pathological gambling disorders, their history, and their current situation on the website regarding time and amounts spent on bets; and

e) information and channels for protecting the bettor;

X – Maintain a permanent, easily accessible information panel with graphical account data, detailing system usage time, financial losses incurred, and available financial balance;

XI – Implement alerts regarding bettors' activity time, according to criteria and frequency defined in its responsible gaming policy;

XII – indicate the customer service and ombudsman channels for bettors, which must be accessible via the internet, including guidance for bettors at risk of addiction and pathological gambling disorders, and their families, regarding obtaining help and treatment;

XIII – In the case of the physical modality, ensure that customer service and ombudsman channels are also available in person;

XIV – In the case of physical betting options, provide information about responsible gambling in a visual and easily readable format at the betting operator's establishments; and

XV – refrain from entering into partnerships, agreements, contracts, or any other form of arrangement or business arrangement to enable or facilitate access to credit or factoring operations by a bettor.

§ 1. The use of devices in betting systems that hinder the free and informed choice of the bettor is prohibited, through any of the mechanisms provided for in the regulations, including the use of technological product designs that delay the bettor's free choice.

§ 2. Requests made by the bettor for an increase in prudential limits or suspension of pause periods may only be implemented by the betting operator twenty-four hours after the request, provided that it does not violate the responsible gaming policy.

§ 3 In the case of self-exclusion, the operating agent may adopt a period exceeding twenty-four hours, according to its responsible gaming policy, to accept the new registration required, should the bettor attempt to re-register.

Article 5. The betting operator must maintain a responsible gaming policy that includes:

I – educational actions and campaigns;

II – Communication policy with bettors regarding responsible gambling, including information on the frequency of communication;

III – Analytical tools and methodology for classifying and analyzing data to monitor and assess the risk profiles of gambling addiction, pathological gambling disorders, and other problems associated with gambling;

IV – rules and channels for using mechanisms to prevent gambling addiction and pathological gambling disorders; and

V – Forms of assistance for gamblers who need help related to addiction and pathological gambling disorders.

Article 6. In structuring their internal corporate policies, operating agents must instruct and train:

I – its employees, including outsourced staff, who interact directly with bettors, to ensure that they understand the problems associated with gambling addiction and pathological gambling disorders and know how to guide bettors on the subject; and

II – its partners, managers, employees, suppliers and service providers, so that they are aware of the principles of responsible gaming, particularly regarding the negative individual and collective externalities of the activity, and so that they ensure socially responsible and ethical economic exploitation.

Article 7. In order to contribute to the ongoing improvement of regulations relating to responsible gambling, betting operators shall:

I – assess the possibility of obtaining certification for responsible gaming, issued by an organization that offers certification procedures on the subject; and

II – In the case of offering bettors optional mechanisms for accelerating bets, such as automated bets or concurrent sessions, act with caution and constantly evaluate the impact of the mechanism on the incidence of addiction, pathological gambling disorders, and other problems associated with gambling.

Article 8. It is the duty of the betting operator to prevent registration or use of its betting system by:

I – under eighteen years of age;

II – owner, administrator, director, person with significant influence, manager or employee of the operating agent;

III – public agent with duties directly related to the regulation, control, and oversight of the activity within the federative entity in whose staff they exercise their powers;

IV – a person who has or may have access to computerized fixed-odds betting lottery systems;

V – any person who has or may have any influence on the outcome of a real sporting event that is the subject of a fixed-odds betting lottery, including:

a) person who holds the position of sports manager, sports technician, coach, or member of a technical committee;

b) sports referee, assistant sports referee, or equivalent, sports manager, agent or representative of athletes and coaches, coach or member of a coaching staff;

(c) member of the administrative or supervisory body of an entity that manages or organizes a competition or sporting event; and

d) athlete participating in competitions organized by entities that are part of the National Sports System.

VI – a person diagnosed with gambling addiction by a report from a qualified mental health professional; and

VII – individuals barred from betting by a specific administrative or judicial decision, when formally notified.

Article 9. The Prizes and Betting Secretariat of the Ministry of Finance, in conjunction with public or private bodies or entities, may establish guidelines for educational and awareness campaigns regarding the risks of addiction and disorders of pathological gambling, with the collaboration of betting operators being mandatory.

CHAPTER III – ON COMMUNICATION, ADVERTISING AND MARKETING ACTIONS OF THE FIXED-ODDS BETTING LOTTERY

Section I – Guidelines and Rules for Communication, Advertising, and Marketing of Betting Operators

Article 10. The communication, advertising, and marketing actions of the fixed-odds betting lottery must be guided by social responsibility and the promotion of responsible gambling awareness, aiming at collective safety and combating illegal betting.

Article 11. Betting operators, in any communication, advertising, and marketing activities, including those disseminated through other application providers, contracted from affiliates, or included on their own websites and applications, must:

I - refrain from disseminating any type of advertising for unauthorized betting methods;

II – to comply with the principles of responsible gaming;

III – adopt clear and socially responsible language, always respecting the protection of minors under eighteen years of age and other vulnerable groups;

IV – ensure that the message of communication, advertising, and marketing actions sent electronically, without the recipient's request, is clearly and unambiguously identifiable, allowing and respecting requests to be removed from the recipient list made by people who do not wish to receive this type of communication;

V – Use the word “free” or expressions with the same meaning in any communication, advertising, and marketing action only when there is no cost to the bettor in obtaining what is promised for free;

VI – to offer bettors, at the time of registration, the option to opt in or out of receiving communication, advertising, and marketing materials, and to guarantee that they can change their preference in the betting system; and

VII – refrain from sending advertising material to bettors who have requested self-exclusion and to those excluded by court order.

Article 12. The following communication, advertising, and marketing actions related to fixed-odds betting lotteries are prohibited:

I – suggest obtaining easy money or associate the idea of ​​success or extraordinary abilities with gambling;

II – present gambling as socially attractive or contain statements from well-known personalities or celebrities suggesting that gambling contributes to personal or social success or to improving financial conditions;

III - encourage excessive gambling practices;

IV – contain calls to action, suggesting immediate action on the part of the bettor;

V - present betting as a priority in life;

VI – establish a link between betting and personal and financial success;

VII - link betting to illegal or discriminatory attitudes or behaviors;

VIII – contain false or misleading information;

IX – be broadcast in locations:

a) medical and psychological care;

b) intended for all levels of education; and

c) others intended for use by persons under eighteen years of age;

X – convey misleading claims about the odds of winning;

XI – use messages of a sexual nature or objectify physical attributes;

XII – promote the use of the product as a means of recovering losses from previous bets or other financial losses;

XIII – contribute, in any way, to offending the cultural beliefs or traditions of the country, including those contrary to the bet;

XIV – suggest or induce the belief that:

a) betting is an act or sign of virtue, courage, maturity, or is associated with personal or professional success or achievement;

b) abstaining from gambling is an act or sign of weakness or associated with any negative quality;

c) betting can be a solution to social, professional or personal problems;

d) gambling can be an alternative to employment, a solution to financial problems, a source of additional income, or a form of financial investment; and

(e) Skill, dexterity, or experience can influence the outcome of a bet on a sporting event or online game;

XV - include the participation of a person who is or appears to be under eighteen years of age;

XVI – are directed at children or adolescents or have this audience as their target audience;

XVII – are broadcast on media outlets or programs where people under the age of eighteen constitute the main audience, or on a website with an audience profile of people under the age of eighteen;

XVIII – use images of children and adolescents or elements that are particularly appealing to those under eighteen years of age; and

XIX – associate betting with cultural activities for children and teenagers.

Article 13. All communication, advertising, and marketing actions by betting operators, including any type of piece, material, or insertion, including in a digital environment, must display the following warning clauses:

I – age restriction, with the symbol “18+” or the warning “prohibited for those under 18 years of age”; and

II – Regarding the associated risks of addiction and pathological gambling disorders.

§1 The warning clauses must be clear, legible and proportionate to the rest of the communication and advertising action and have a minimum of 10% (ten percent) of the length or size of the advertisement, depending on the type of media.

§2. Warning clauses should, whenever possible given the characteristics of the communication action, be conveyed in both spoken and written format.

§3 The warning clauses must include:

I – of the printed tickets referred to in Article 14, item II, of Law No. 14.790, of December 29, 2023; and

II – on the websites and applications of the betting operator, on the opening page and in a legible manner.

Article 14. Warning clauses and other guidelines and restrictions may, additionally, be the subject of provisions in a self-regulation code for advertising.

Article 15. All communication, advertising, and marketing actions regarding fixed-odds betting, disseminated through any type of online or offline media, whether paid or free, must be identifiable as such by the bettor, in accordance with Article 36 of Law No. 8.078, of September 11, 1990 – Consumer Protection Code.

§ 1 The provisions of the main clause apply to promotional, sponsorship, merchandising and testimonial advertising activities, including on dedicated communication channels such as websites, portals, blogs and social networks.

§ 2. To comply with the provisions of the main clause, it may explicitly identify it as "advertising information," "advertisement," or another term that expresses its commercial nature.

§ 3. All advertising must include the number of the decree issued by the Secretariat of Prizes and Bets of the Ministry of Finance that authorized the commercial operation of the fixed-odds betting lottery by the betting operator.

Article 16. The betting operator must be part of or associated with a responsible advertising monitoring body.

Section II – Sponsorship

Article 17. In actions in which it appears as a sponsor, without prejudice to the other provisions of this Ordinance regarding communication, advertising and publicity, and marketing of fixed-odds betting, the betting operator must:

I – clearly identify oneself as the sponsor of the sponsored actions; and

II – refrain from:

a) to sponsor children or adolescents;

b) to seek to influence or encourage children or adolescents to gamble;

c) to sponsor events aimed primarily at children or adolescents; and

d) to sponsor youth or children's teams.

§1 In the event of sponsorship by a betting operator, its logo must not be included on articles and goods whose sale is intended for minors under eighteen years of age.

§2. Items intended for adults may only be made available to minors under eighteen years of age if there is no reference to the betting operator.

Article 18. Only betting operators authorized by the Prizes and Betting Secretariat of the Ministry of Finance may promote their brands through advertising or sponsorship of national sports teams at events with national coverage.

Sole paragraph. Betting operators authorized by the States and the Federal District may advertise or sponsor national sports teams, provided that the advertising or sponsorship, in physical, electronic or virtual media, is restricted to persons physically located within the limits of their jurisdictions or those domiciled in their territory, in accordance with the provisions of Article 35-A of Law No. 13.756, of December 12, 2018.

Section III – Procedure for Excluding Irregular Advertising and Sponsorship

Article 19. In the event of communication, advertising, marketing and sponsorship actions that contravene the provisions of this Ordinance, the Prizes and Betting Secretariat of the Ministry of Finance will notify the operating agent and, if applicable, also the internet application provider, within the scope and limits of its service, clearly and specifically indicating the infringing content for its due cancellation, removal or unavailability.

Section IV – Prohibition of Offering Applications or Advertising by Unauthorized Operating Agents

Article 20. Communication, advertising, marketing, and sponsorship activities, including the provision of applications or websites, by individuals or legal entities that operate fixed-odds betting lotteries nationwide without authorization issued by the Secretariat of Prizes and Bets of the Ministry of Finance, are prohibited.

§ 1 The electronic channels used by the operating agent to offer fixed-odds betting in a virtual environment must exclusively use the domain registration “bet.br”.

§ 2 The Betting Department of the Ministry of Finance will maintain an updated list of authorized fixed-odds betting operators on the Ministry of Finance's website, containing:

I – the National Registry of Legal Entities – CNPJ numbers; and

II – trademarks and their respective electronic channels with associated “.bet.br” domains.

§ 3. Companies that disseminate advertising or publicity, including internet application providers, must remove irregular advertisements and campaigns after notification from the Prizes and Betting Secretariat of the Ministry of Finance.

§ 4. Internet service providers and internet application providers must block websites or remove applications that offer fixed-odds betting lotteries in violation of current legislation and regulations, after notification from the Prizes and Betting Secretariat of the Ministry of Finance.

§ 5. Internet application providers that offer third-party applications must, within the scope and technical limits of their service, exclude applications whose purpose is the operation of fixed-odds betting lotteries in violation of current legislation and regulations, after notification from the Prizes and Betting Secretariat of the Ministry of Finance.

§ 6 The notification provided for in § 4 and § 5 must contain a clear and specific identification of the content indicated as infringing, allowing for the unequivocal location of the content when dealing with an internet application provider that hosts third-party content.

Section V – Advertising Activities of Affiliates to Operating Agents

Article 21. Betting operators are jointly liable for the communication, advertising, and marketing activities carried out by their affiliates.

Sole paragraph. Betting operators and their affiliates must comply with all legal and regulatory provisions relating to advertising, and are subject to the penalties provided for in Law No. 14.790, of December 29, 2023, and Law No. 8.078, of September 11, 1990 – Consumer Protection Code.

Article 22. Communication, advertising, and marketing activities carried out by affiliates are considered integral to the activities of the betting operator, and it is the responsibility of the latter to:

I – to ensure that its affiliates comply with the legislation, regulations, and self-regulatory best practices related to the fixed-odds betting lottery modality; and

II – sign written contracts, with its affiliates, in Portuguese, which expressly specify:

a) whether or not subcontracting is permitted, in which case the operating agent's liability cannot be waived;

b) the affiliates' duty to comply with legal, regulatory and self-regulatory rules regarding communication, advertising and marketing; and

c) the compensation criteria for affiliates.

Sole paragraph. Betting operators must keep the contracts referred to in item II of the main clause available to the Prizes and Betting Secretariat of the Ministry of Finance.

CHAPTER IV – RIGHTS AND OBLIGATIONS OF THE BETTOR

Section I – Gambler's Rights

Article 23. The following are the rights of the bettor:

I – to gamble freely, without coercion, and in a safe and responsible manner, observing the legal and regulatory provisions;

II – to be recognized as a user of public service for the purposes of the provisions of Law No. 13.460, of June 26, 2017;

III – to express their explicit wishes regarding the processing of their personal data by the betting operator at the time of registering their account;

IV – to have easy and transparent access to the Customer Service Center (SAC), which must be provided by the betting operator;

V – to be informed about the fixed fees for sporting events and online games offered;

VI – to have access to the history of their financial transactions with the betting operator, with information on deposits and withdrawals of financial resources, the values ​​of bets placed and prizes received;

VII – Close your account on the betting system in a simplified manner;

VIII – freely choose between alert options, precautionary limits, pause periods, and self-exclusion;

IX – to be informed, in a clear and objective manner, about the rules for using the service, especially when they relate to the deposit and withdrawal of financial resources; and

X – withdraw your available financial balance held in the transactional account, recorded in the graphic account, without restriction from the betting operator.

§ 1 The rights of the bettor referred to in items I and II of the main clause do not exclude the prerogative of the betting operator to refuse, restrict or limit bets in order to comply with current legal and regulatory provisions, as provided for in its responsible gaming policy.

§ 2 The bettor's right referred to in item X of the main clause does not exclude the prerogative of the betting operator to temporarily restrict the withdrawal of financial balance in cases of sufficient evidence that the bettor has been a victim of fraud, in which cases the due process of investigation must be initiated, guaranteeing the right to a fair hearing and full defense to the bettor.

Section II – The Gambler's Duties

Article 24. The duties of a fixed-odds bettor are:

I – Identify yourself to the betting operator, in physical or virtual channels, providing reliable information whenever requested;

II – register with the betting operator up to three prepaid deposit or payment accounts, in their name, held in financial or payment institutions authorized to operate by the Central Bank of Brazil;

III – read and, as convenient, accept or reject the privacy policies and terms and conditions of the betting operator, at the time of registration and whenever there are changes to their content;

IV – to use their graphical account for the sole purpose of placing bets, in compliance with current legal and regulatory norms; and

V – inform the betting operator if you fall under any of the circumstances outlined in Article 26 of Law No. 14.790, of December 29, 2023.

Section III – Prohibition of Betting Intermediation

Article 25. Bettors are prohibited from acting as intermediaries in betting, placing bets on behalf of third parties as if they were their own.

§ 1. Betting operators may reduce betting limits and suspend access to a bettor's betting account when there is sufficient evidence of acting as a betting intermediary.

§ 2. Betting operators must notify the regulator when there is evidence that the bettor is acting as a betting intermediary.

CHAPTER V – RIGHTS AND DUTIES OF THE BETTING AGENT

Section I – Rights of the Betting Operator

Article 26. The rights of the betting operator are:

I – to refuse, restrict or limit bets while seeking to ensure compliance with current legal and regulatory provisions;

II – refuse to register a bettor who does not accept the terms and conditions of the betting system or who does not provide the necessary information for the betting operator to complete the identification process;

III – suspend, for the duration of the investigation, the activities of betting accounts held by bettors when there is reasonable suspicion:

a) fraud against the betting operator; and

b) fraud in betting through match-fixing or corruption in sporting events;

IV – suspend payment of the prize for the duration of the investigation process, for the purpose of ascertaining the practice of the frauds related in item III of the main clause.

Art. 27. Betting operators may change the fixed odds of any sporting event or online game at any time, subject to open bets.

§ 1 The fixed odds offered, in each event and in each game, must be simultaneously the same for all bettors at all times.

§ 2 After being contracted by the bettors, the fixed odds of the bet cannot be altered by the betting operator.

Section II – Duties of the Betting Operator

Article 28. The duties of a betting operator are, without prejudice to other applicable legal and regulatory duties:

I – to ensure the rights of the bettor as provided for in this Ordinance;

II – to provide the bettor, in a clear, transparent and easily accessible manner, in Portuguese, with the terms and conditions of its betting system;

III – to collect the allocations provided for in the legislation, applicable to the proceeds of the collection, in accordance with specific regulations;

IV – to provide secure means for bettors to place, maintain, and verify bets and to receive any winnings;

V – ensure, when dealing with physical betting, that the previously registered user places their bet through their digital account, providing them with equivalent means for placing and verifying the bet and, where applicable, receiving the prize, in accordance with Law No. 14.790, of December 29, 2023, and SPA/MF Ordinances No. 722, of May 2, 2024, and No. 827, of May 21, 2024;

VI – to pay prizes owed to the bettor, without charging any requirements for withdrawing funds;

VII – to provide supporting documentation and appropriate guidance to the bettor for proof, to the Special Secretariat of the Federal Revenue of Brazil – RFB, of winning a betting prize, for the purposes of calculating the Personal Income Tax – IRPF;

VIII – provide the regulator with all necessary information to enable market oversight activities;

IX – establish a specific contact channel for the prompt and effective handling of the demands specified in article 37 of Law No. 14.790, of December 29, 2023;

X – to ensure the integrity, availability, confidentiality and all other security attributes of bets, guaranteeing a reliable and transparent betting experience;

XI – to make available and provide information about the rules of games and betting in a clear, truthful, complete and up-to-date manner;

XII – provide clear information on the accepted payment methods, in accordance with the provisions of Law No. 14.790, of December 29, 2023, and Normative Ordinance SPA/MF No. 615, of April 16, 2024;

XIII – to clearly inform the minimum and maximum values ​​for bets and prize payouts;

XIV – guarantee a mechanism that prevents bets where the prize may exceed a maximum value that may eventually be set;

XV – to clearly inform the bettor of the calculation for the expected prize, in the case of a multiple bet or a bet with multiple prize values;

XVI – verify the identity of the bettor during registration and implement measures to prevent the registration of persons prohibited from betting as defined in Article 26 of Law No. 14.790, of December 29, 2023;

XVII – to provide information regarding prohibitions on gambling and betting;

XVIII – maintain the validity of the documentation that supported the approval of its authorization, in accordance with SPA/MF Ordinance No. 827, of May 21, 2024;

XIX – refrain from hiring a manager, director, supervisor, technician, or any other member of the team responsible for validations to certify the conformity of its betting and information systems in the twelve months following the evaluation;

XX – to adopt and implement a compliance and transparency policy, procedures and internal controls aimed at the integrity of betting and the prevention of match-fixing and other frauds;

XXI – to collaborate in the fight against illegal gambling, match-fixing in sporting events and other associated illicit activities, complying with the preventive provisions set forth in Law No. 14.597, of June 14, 2023, and Law No. 14.790, of December 29, 2023;

XXII – to report to the regulator any evidence of match-fixing in sporting events, within five working days from the date on which the betting operator identifies or becomes aware of the evidence of match-fixing, through the Betting Management System – SIGAP;

XXIII – to notify the regulator immediately, or within a period not exceeding twenty-four hours, whenever, in any sporting event, the amounts wagered in secondary markets exceed the amounts wagered in primary markets;

XXIV – to be jointly liable with its suppliers or business partners for damages caused to the bettor in the operation of fixed-odds betting, under the terms of Law No. 8.078 of September 11, 1990 – Consumer Protection Code;

XXV – not to have as a partner or controlling shareholder of a betting operator, whether individually or as part of a control agreement, that holds a direct or indirect stake in a publicly traded football company or professional sports organization, nor to act as a manager of a Brazilian sports team;

XXVI – verify the information provided by the bettor at the time of registration; and

XXVII – pay the Inspection Fee, as provided for in article 32 of Law No. 13.756, of December 12, 2018.

Article 29. The betting operator must be part of or associated with a national or international sports integrity monitoring body.

Article 30. The betting operator must adopt measures to prevent activities suspected of money laundering, terrorist financing, and the proliferation of weapons of mass destruction, in accordance with SPA/MF Ordinance No. 1.143, of July 11, 2024, and Laws No. 9.613, of March 3, 1998, No. 13.260, of March 16, 2016, and No. 13.810, of March 8, 2019, and manipulation of events and results, in compliance with the provisions of Article 177 of Law No. 14.597, of June 14, 2023.

Article 31. The registration of the platform user or bettor must contain the following information:

I – full name;

II – nationality;

III – Individual Taxpayer Registry number – CPF;

IV – Date of birth;

V – full address, which cannot be a post office box;

VI – Country of residence;

VII - telephone number;

VIII – e-mail;

IX – details of registered prepaid deposit or payment accounts;

X – IP address registered at the time of registration; and

XI – digital copy of a valid photo identification document.

§ 1 The email and telephone number provided must allow for direct and effective contact and communication between the betting operator and the bettor, and must be verified by the betting operator and validated by the bettor.

§ 2 For the purposes of the provisions of item XI of the main clause, the following identification documents of the bettor will be accepted:

I – National Identity Card;

II – General Registry – RG;

III – National Driver's License – CNH; or

IV – Passport.

§ 3 For the purposes of authenticating the bettor, the following must necessarily be registered:

I – facial recognition, with proof of life; and

II – alphanumeric password with special characters.

§ 4 For the purposes of authenticating the bettor, the betting operator may offer, subject to the bettor's consent, the registration of:

I – other forms of biometrics besides facial recognition; and

II – Electronic password generating device – token.

§ 5. To verify the validity of the bettors' identity, confirmation must be made through communication channels provided in the user's registration, such as:

I – e-mail;

II – short message service – SMS; or

III – Messaging applications.

§ 6 The bettor will only be eligible to place fixed-odds bets after completing the registration process described in the heading.

§ 7 The Individual Taxpayer Registry number (CPF) cannot be changed after the bettor's registration, and the transfer of registration to different bettors is prohibited.

Article 32. The betting operator must maintain a database that will contain all the registrations of the bettors.

§ 1 If there is a change in the information in the bettor's registration, the replaced information must be maintained, including the IP address for each change in the registration.

§ 2. Procedures related to personal data by betting operators must comply with the provisions of Law No. 13.709, of August 14, 2018.

Art. 33. Each bettor may have only one registration associated with each commercial brand of a betting operator.

§ 1 The bettor's data, after their express consent, may be used by the betting operator in all its licensed trademarks for registration purposes, observing the provisions of Law No. 13.709, of August 14, 2018, regarding the processing of personal data.

§ 2. Even if the bettor's data, after their express consent, is used for more than one trademark of the same betting operator for registration purposes, the authentication referred to in this Ordinance will be mandatory.

§ 3 The bettor may use up to three distinct registered accounts with each betting operator.

§ 4. It is forbidden for the betting operator to disclose its other trademarks at the time of registration of the bettor, in accordance with the provisions of article 39, item I, of Law No. 8.078 of September 11, 1990 – Consumer Protection Code.

§ 5. It is forbidden for the betting operator to offer in its betting system products, services, games and other activities that are not subject to regulation and authorization by the Prizes and Betting Secretariat of the Ministry of Finance.

Article 34. The betting operator must require the bettor to update or validate their registration data annually.

Sole paragraph. If the bettor fails to update or validate their registration when requested, the betting operator must suspend the use of the account until the update or validation is completed.

Article 35. The betting operator shall provide in its betting system individualized graphic accounts for each of its authorized trademarks, allowing the bettor to manage their operations and financial resources.

§ 1 The betting operator must pay out prizes to the account registered by the bettor.

§ 2 The betting operator may offer the bettor the option of keeping the winnings received in the transactional account, registered in the graphic account, for use of their credits in new bets.

§ 3 The betting operator must ensure that the bettor can change the option referred to in § 2 at any time.

Article 36. The betting operator must require the bettor, each time they access the betting system, to use one of the authentication methods provided for in this Ordinance.

§ 1 In addition to the authentication mentioned in the main clause, the betting operator must require confirmation of the bettor's identity through communication channels provided in the user's registration, such as email, short message service (SMS), or messaging applications, in cases of:

I – Request for personal and tax information, such as an annual income statement;

II - account inactivity for ninety days; and

III – Three unsuccessful attempts to authenticate the bettor's identity.

§ 2. In addition to the authentication mentioned in the main clause, the betting operator must require facial recognition from the bettor in cases of:

I – registration change;

II – withdrawal of financial resources at the request of the bettor;

III – periodic registration confirmation; or

IV – Account closure.

§ 3 If there are three unsuccessful attempts to authenticate the bettor, their account must remain blocked until the authentication referred to in § 1 is carried out.

§ 4 Once the bettor's identity has been authenticated and validated, the system must display the date and time of their last access.

Article 37. After one hundred and eighty days of inactivity of the account, the betting operator may close the bettor's account, and must transfer the remaining balance to the bettor's registered account.

Single paragraph. No fees will be charged for inactive accounts.

Article 38. The betting operator must have mechanisms in place to detect misuse of the account by third parties, including analyzing sudden changes in a bettor's behavior.

Article 39. Betting operators must comply with requests from competent public authorities regarding access to registration data of bettors and other users of the betting system, in accordance with current legislation.

Article 40. The betting operator must guarantee the confidentiality of data and information to which it has access in the exercise of operating fixed-odds betting, in accordance with the relevant legislation.

§ 1 The betting operator must provide training to its employees regarding the guarantee of confidentiality referred to in the heading.

§ 2 The betting operator and its employees will be jointly liable in cases of violation of the confidentiality referred to in the heading, pursuant to art. 42 of Law No. 13.709, of August 14, 2018, with respect to personal data.

Article 41. The betting operator must provide the bettor with an income statement for the annual income tax return, in accordance with the regulations on the Proof of Income Paid and Income Tax Withheld at Source of the Special Secretariat of the Federal Revenue of Brazil – RFB.

Section III – Rewards

Article 42. The betting operator may offer promotions, rewards, or loyalty programs to bettors.

§ 1 The betting operator may establish rules for the use of the rewards referred to in the heading, provided that they are clearly established in the Terms and Conditions of the betting system, and the following is prohibited:

I – to make the delivery of bonuses, rewards or goods conditional upon financial contributions made by bettors; and

II - to grant, in any form, advance payment, prepayment, bonus or prior advantage, even if merely for promotional, advertising or publicity purposes, for the purpose of placing a bet.

§ 2 The rules referred to in § 1 may include the conditions for withdrawing bonus amounts, provided that they are not tied to new deposits.

§ 3 The betting operator must keep a record of all transactions, in accordance with SPA/MF Ordinance No. 722, of May 02, 2024.

§ 4 For the free distribution of prizes, through raffles, prize draws or contests, for advertising purposes, the provisions of Law No. 5.768, of December 20, 1971, must be observed.

Article 43. Points awarded by the betting operator to the bettor must be presented in a separate wallet from the graphic account containing the monetary balance held by the bettor with the betting operator.

Section IV – Early Withdrawal – Cash Out

Art. 44. Betting operators may offer bettors an early withdrawal – cash out – exclusively for fixed-odds bets that involve real events in sports-related themes.

§ 1 The general rules for early withdrawal must be included in the Terms and Conditions drawn up by the operating agents.

§ 2. Betting operators must clearly state the amount of the early withdrawal.

Article 45. Early withdrawal shall follow the same rules relating to the payment of prizes.

Section V – Terms and Conditions and Privacy Policy

Article 46. The betting operator must prepare and maintain Terms and Conditions for the use of the website or application, which must comply with current legal and regulatory provisions and be written in a clear and concise manner, containing information on:

I – Opening and verifying the bettor's account;

II – Payment transactions;

III – Suspension, limitation, and termination of an account by the betting operator;

IV – Suspension, limitation, and termination of account by the bettor;

V – duties of the gambler;

VI – responsible gaming;

VII – Types and forms of betting;

VIII – early withdrawal – cash out;

IX – cancellation or interruption of events that are the subject of bets;

X – Malfunctions, errors, and interruptions of the betting platform;

XI – suspension of markets or cancellation of transactions;

XII – handling of inactive accounts;

XIII – promotions and offers;

XIV – Privacy policy; and

XV – Customer service and ombudsman.

§ 1 The Terms and Conditions must contain a reference to the protection of the rights provided for in Law No. 8.078, of September 11, 1990 – Consumer Protection Code.

§ 2 The Terms and Conditions may not contain a clause stipulating a forum that excludes Brazilian jurisdiction for the resolution of disputes.

§ 3 The betting operator may only impose limits or refuse bets based on criteria previously established in the Terms and Conditions.

§ 4 The application of the limits and refusals referred to in § 3 may only be carried out on bets that have not yet been placed.

Article 47. The betting operator must keep its Terms and Conditions in a visible location in physical sales channels and, in virtual channels, must keep them accessible on the website or application and make them available to the bettor at the time of registration, for reading and possible acceptance, being obliged to renew this consent whenever there is any modification of the Terms and Conditions for the continuity of the service.

Article 48. The betting operator must maintain and publish its Privacy Policy on its website or application, which must comply with the same consent rules set forth in Article 47 of this Ordinance.

Section VI – Betting Exchange

Art. 49. In the offering of a betting exchange, it is the responsibility of the betting operator to make bets available, process them, and settle them, crediting the prize amount to the winner's account and debiting it from the loser's account.

§ 1 The betting operator must have a system that prevents mutual identification between bettors on the betting exchange.

§ 2 The betting operator is responsible for paying prizes and compensating for damages in cases of malfunction, error or interruption that may occur in the betting exchange system.

§ 3 The betting operator must inform in advance the fee that will be charged as commission for each bet.

Section VII – The Investigation Process

Article 50. If there are indications of non-compliance with current legal and regulatory provisions relating to fixed-odds betting or the Terms and Conditions, the betting operator may initiate an investigation process on its own initiative or at the instigation of third parties.

Sole paragraph. The third-party provocation referred to in the main clause includes those originating from sports integrity monitoring entities and the Prizes and Betting Secretariat of the Ministry of Finance.

Article 51. The instances of non-compliance addressed in this section are those relating to:

I - Match-fixing and corruption in real sporting events and other frauds; and

II – Contrary to the provisions of the Terms and Conditions.

Sole paragraph. The provisions of this section do not apply in cases of suspected money laundering, financing of terrorism, and proliferation of weapons of mass destruction, in which the provisions of Ordinance SPA/MF No. 1.143, of July 11, 2024, shall apply.

Article 52. In cases of non-compliance with current legal and regulatory provisions relating to fixed-odds betting or the Terms and Conditions by the bettor, the betting operator may suspend or terminate the bettor's account.

§ 1 For the suspension or termination of a bettor's account, the betting operator must guarantee due process in investigating the breach, with the right to a hearing and full defense.

§ 2 The betting operator, in the due process of investigation, must, at least:

I – inform the bettor about the facts and breaches that are being investigated;

II – stipulate the deadline for the bettor's response, which cannot be less than seven days; and

III – conclude the investigation process within thirty days, counted from the date of knowledge of the fact.

§ 3 The period referred to in item III of § 2 may be extended by the operating agent for an equal period, provided that it is justified.

§ 4 If, upon conclusion of the investigation process, it is confirmed that the bettor has failed to comply with current legal and regulatory provisions relating to fixed-odds betting or the Terms and Conditions, the Prizes and Betting Secretariat of the Ministry of Finance must be notified.

§ 5 If the bettor objects to the conclusion of the verification process, they may notify the Prizes and Betting Secretariat of the Ministry of Finance to initiate an audit process.

Article 53. In the event of non-compliance with current legal and regulatory provisions relating to fixed-odds betting or the Terms and Conditions by the bettor, the betting operator may also:

I - suspend bets related to evidence of non-compliance; and

II – to suspend, until the conclusion of the investigation process, the payment of prizes related to bets placed.

Article 54. If the evidence of non-compliance is not confirmed, the betting operator must reactivate the bettor's account and pay any prizes that may have been suspended.

Article 55. If evidence of non-compliance is confirmed, the betting operator must:

I – to annul rigged or fraudulent bets;

II – to reimburse the value of bets to bettors not involved in the breach who have been harmed; and

III – suspend for a specified period or terminate the accounts of bettors involved in the breach.

Sole paragraph. In the event of the closure of an account belonging to a bettor who has committed proven fraud through an investigation process, the betting operator may retain the amount deposited by the bettor up to the limit of the damages caused.

Article 56. The betting operator must maintain a separate and redundant record, within the data system, regarding the verification processes.

Sole paragraph. The record referred to in the heading must contain:

I – the dates of the facts ascertained;

II – the name and Taxpayer Identification Number (CPF) of the bettor involved in the verification process;

III – the event that is the subject of the bet;

IV – the amount wagered by the bettor involved in the verification process;

V – the outcome of the event that is the subject of the bet;

VI – the amount paid to the bettor involved in the verification process;

VII – the value of prizes whose payment has been suspended or returned; and

VIII – the decision and justification provided by the betting operator in the investigation process.

Article 57. The investigation process may be subject to monitoring, inspection, and sanctioning action by the Prizes and Betting Secretariat of the Ministry of Finance.

CHAPTER VI – FINAL PROVISIONS

Article 58. Betting operators and their administrators who fail to comply with the duties set forth in this Ordinance will be subject to penalties, cumulatively or not, as provided for in Law No. 14.790 of December 29, 2023, through the due administrative sanctioning process.

Article 59. The rules for inspection, monitoring, and sanctions for non-compliance with the provisions of this Ordinance will be implemented by the Prizes and Betting Secretariat starting January 1, 2025.

Art. 60. This Ordinance comes into force on the date of its publication.

REGIS ANDERSON DUDENA