Discussion with Joel Madingu: Unveiling the Legal Framework of French-Speaking Africa
In the dynamic world of online gambling, Francophone African jurisdictions are grappling with a unique set of regulatory challenges.
One of the key issues is the lack of clear distinction between physical and online games of chance in most French-speaking African countries. This legal uncertainty creates a challenging environment for online operators, as they navigate the complexities of the law.
Another significant challenge is the operation of online gambling platforms in a legal vacuum. The absence of a specific regulatory framework for online gambling in many countries leads to risks such as license ambiguity, sudden bans, and unpredictable licensing fees.
Moreover, no recognition or mechanism for “cross-border gambling” is embedded in the laws, which are often strictly country-centric and do not address foreign operators targeting local players.
Additionally, there is no regional, shared licensing model comparable to the European “passport” system, complicating cross-border market access for operators.
Lack of institutionalized frameworks for regular collaboration and consultation between operators and regulators further hinders continuous regulatory improvement and communication.
Looking ahead, online gambling operators in Francophone Africa should anticipate regulations that move towards a fully regulated, digitized, ethical, and inclusive iGaming ecosystem. This shift will balance innovation with player protection, state revenue, and fairness.
Regulators are expected to introduce clearer, comprehensive legal frameworks that distinguish online from offline gambling and establish licensing clarity and security.
Mechanisms to regulate and manage cross-border operations will also be implemented, possibly through regional license harmonization or mutual recognition to simplify compliance.
Collaborative regulatory models involving regular dialogues with operators will be fostered to maintain up-to-date, adaptive policies.
Taxation, currency convertibility, and payment infrastructure will also be addressed, considering recent fintech and digital payment platform advancements expanding into Francophone Africa.
In the Democratic Republic of Congo, operators are required to implement a policy to deal with money laundering and the financing of terrorism, including the appointment of a Money Laundering Reporting Officer (MLRO).
Regulators in French-speaking Africa are working towards a clear and transparent legal framework to attract investors while protecting consumers.
Despite these challenges, Francophone African jurisdictions are poised for growth in the online gambling sector. The future regulation is likely to evolve into more structured and collaborative regimes, embracing digitization, cross-border licensing solutions, and alignment with digital financial infrastructure trends.
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