BillBuddy
Back to SBN-387

Kontra E-sugal Act

SBN-387 · 20th Congress · verbatim text↗ Official Senate PDF

Lapfice of tie? TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 10 P3:16 First Regular Session SENATE RECEIVED ET: S.B. No.. INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT REGULATING THE ACCESSIBILITY AND MARKETING OF ONLINE GAMBLING IN THE PHILIPPINES, REDUCING GAMBLING-RELATED ADDICTION AND HARM, ESTABLISHING A HARM MITIGATION LEVY, AND FOR OTHER PURPOSE EXPLANATORY NOTE Online gambling has grown exponentially in the Philippines, penetrating even the most marginalized communities through mobile phones, social media, and e-wallet applications. Unlike traditional casinos, online gambling platforms operate without physical or financial boundaries. They are accessible 24/7, promoted aggressively across platforms, and often disguised as innocuous forms of entertainment. As stated by Cardinal Pablo Virgilio "Ambo" David, Chairperson of the Catholic Bishops Conference of the Philippines, "Who needs to sneak into a high-end casino when the casino has been brought into every living room, every bedroom, every child's pocket - right there on the glowing screen of a smartphone?" leaving mil on en regulatoe ration a fated to adres this new reaity, This Bill seeks to fill that gap. It recognizes that gambling addiction is not merely a moral or legal issue, it is a public health concern. The World Health Organization classifies "gambling disorder" as a behavioral addiction that can have devastating consequences for individuals and families. Evidence shows strong links between gambling and depression, anxiety, family violence, bankruptcy, school dropout, and even suicide. Without robust regulation, online gambling becomes a silent epidemic: it hides in plain sight, targets the vulnerable, and thrives on unchecked behavioral manipulation. The proposed measure seeks to:

1. Set a minimum age of 21 and require strong identity verification to prevent underage gambling; 2. Establish a self-exclusion system, including family-initiated bans, to empower individuals and loved ones to protect themselves from harm; 3. Enforce automatic suspensions when users exceed time or money limits, followed by a cooling-off period; 4. Ban all advertising in public spaces, tri-media, and social media, and prohibit celebrity endorsements that glamorize gambling; 5. Impose a Harm Mitigation Levy—a sin tax of ten percent (10%) on online gambling revenues-to fund treatment, public education, regulation, and research; 6. Create accessible, government-supported rehabilitation programs for individuals suffering from gambling addiction; and 7. Ensure that those affected by gambling disorder are protected from stigma and discrimination, in line with the Mental Health Act. This Bill builds on the country's experience in regulating tobacco, alcohol, and sugary foods. These are harmful products that are taxed, restricted in advertising, and subject to public education efforts. It seeks to regulate, restrict, and reframe gambling not as harmless play, but as a high-risk activity with serious consequences for Filipino families. In the interest of safeguarding the well-being of our people, immediate passage of this bill is earnestly sought. amitiure Barefull RISA HONTIVEROS Senator

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 10 P3:16 SENATE RECEIVED BY: S.B. No. 387 INTRODUCED BY SENATOR RISA HONTIVEROS REGULATING THE ACCESSIBILITY AND MARKETING OF ONLINE GAMBLING IN THE PHILIPPINES, REDUCING GAMBLING-RELATED ADDICTION AND HARM, ESTABLISHING A HARM MITIGATION LEVY, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives in the Philippines assembled:

SECTION 1. Short Title. - This Act shall be known as the "Kontra E-Sugal

2 Act."

SEC. 2. Declaration of Policy, - Pursuant to the 1987 Constitution, it is the

4 policy of the State to promote a just and dynamic social order that will ensure the 5 prosperity and independence of the nation and free the people from poverty, and to 6 protect and promote the right to health of the people and instill health consciousness 7 among them. In line with the State's duty to uphold the dignity and well-being of its 8 citizens, it shall exercise its police power to regulate economic activities that pose risks to public health, safety, and morals, including gambling. The State further recognizes that gambling disorder poses a risk to public health and economic well-being, and shall adopt a comprehensive, evidence-based, and multi- sectoral approach to prevent and mitigate gambling-related harms.

SEC. 3. Definition of Terms. - As used in this Act:

a) Online Gambling - refers to the conduct of online games or schemes, the result of which depends wholly or chiefly upon chance, and the taking of wagers consisting of money, articles of value or representative of value through any computer or communication device connected to the Internet or the use of

Internet-based technology and other communication devices that are necessary for gaming operations. This includes the offering of online gambling games or wagering via online gambling platform outside the gaming area of a land-based casino; b) Online Gambling Platform - refers to the virtual venue or online channel developed to allow the registered players to remotely access online gambling through the internet. It may be web-based or accessed via a mobile application; c) Online Gambling Operator - refers to any individual, corporation, or other private entity duly licensed by authorities to set up and to operate an online gambling platform, including service providers providing indispensable service to the online gambling operation; d) Self-Exclusion - refers to a mechanism that allows individuals to voluntarily ban themselves from gambling activities. e) Super app - A super app is a mobile or web application that combines multiple services into a single platform, often referred to as a multi-service platform that consolidates various functionalities, including but not limited to messaging, e- commerce, financial services, transportation, delivery, or more. f) Harm Mitigation Levy refers to a tax collected from operators to fund gambling harm reduction programs. g) Gambling-Related Harm refers to any adverse consequence experienced by an individual or members of their social network due to participation in gambling, including but not limited to financial loss, psychological distress, relationship problems, and negative impacts on physical health, employment, or education. h) Behavioral Indicators of Harm refer to patterns in a player's online gambling activity, such as rapid increases in spending, prolonged and frequent gambling sessions, chasing losses, repeated attempts to reverse withdrawals, or frequent changes in self-imposed limits, that suggest a risk of or actual gambling-related harm. ACCESS RESTRICTIONS

SEC. 4. Age restrictions. - Only individuals twenty-one (21) years of age or

2 older shall be permitted to register and participate in online gambling platforms. All 3 licensed online gambling operators shall establish and implement effective age 4 verification protocols to ensure that only individuals who are at least twenty-one (21) 5 years of age are permitted to register, access, or participate in any online gambling platform. The age verification process shall include, at a minimum, the submission and 8 authentication of a government issued identification document or equivalent digital 9 identification, consistent with existing Know-Your-Customer (KYC) standards. Philippine Amusement and Gaming Corporation (PAGCOR) shall issue guidelines on acceptable forms of age verification, including digital methods and technological safeguards, and shall conduct regular audits to assess the effectiveness and integrity 13 of each operator's age verification system. Failure to comply with the minimum verification standards or any attempt to circumvent age restrictions shall constitute a ground for administrative sanctions, including fines, suspension, or revocation of license.

SEC. 5. Non-accessibility of online gaming platforms in electronic

wallets and super apps. - Electronic wallets and super apps shall be prohibited from directly linking their electronic instruments or devices to online gambling platforms through uniform resource locators (URLs), including but not limited to app links, hyperlinks, and other similar methods. Apps that are linked to online gaming platforms shall cause the de-linking upon passage of this Act. Account funding and withdrawal shall be done only through Anti-Money Laundering Council-compliant channels, such as over the counter and online banking; Provided, That account funding through credit cards or other credit facilities shall only be allowed to accounts with healthy financial risk profiles as determined by a mandatory affordability check conducted in accordance with Section 12 of this Act. Electronic wallets and super apps shall be prohibited from advertising online gambling within their platforms.

SEC. 6. Self-exclusion. - There is hereby established a National Online

Gambling Self-Exclusion Registry, to be maintained and administered by the Philippine PAGCOR, in coordination with licensed online gambling operators.

1 Any individual who wishes to voluntarily restrict their access to online gambling 2 activities may enroll themselves in the Self-Exclusion Registry through a secure and 3 confidential digital platform to be developed and maintained by PAGCOR. Enrollment 4 shall result in the immediate suspension of all existing online gambling accounts 5 registered under the individual's identity and shall prevent the creation of new 6 accounts during the period of exclusion. Online gambling operators shall also be 7 prohibited from sending any direct marketing materials, including electronic 8 communications or telemarketing calls, to individuals listed on the Self-Exclusion 9 Registry. The following shall govern the operationalization of the self-exclusion system 10 for online gambling platforms: a) All licensed operators shall be required to integrate their platforms with the National Self-Exclusion Registry and comply with real-time data synchronization protocols prescribed by PAGCOR; b) Operators shall immediately suspend or deactivate any gambling account linked to an individual listed in the registry and deny re-registration attempts for the duration of exclusion; c) The minimum period for self-exclusion shall be six (6) months, renewable at the instance of the registrant, and any request for reactivation of access shall be subject to mandatory cooling-off procedures and psychological screening as may be determined by PAGCOR; d) All operators must provide a clearly visible and accessible self-exclusion option on their platforms, along with information on the harms of gambling and resources for seeking help. PAGCOR shall conduct regular audits of operator compliance, establish technical standards for interoperability and data protection, and may impose administrative penalties for any breach or circumvention of the self-exclusion system. All data collected under the self-exclusion program shall be protected under the Data Privacy Act of 2012 and shall be used solely for the purpose of enforcing responsible gambling measures.

SEC. 7. Family member-initiated player banning. - In cases where an

individual is exhibiting signs of problematic or harmful gambling behavior, immediate family members shall have the right to request the temporary suspension of that

1 individual's access to online gambling platforms, subject to the procedure to be 2 established by PAGCOR. All operators shall comply with family-initiated banning orders 3 issued by PAGCOR and shall integrate the necessary system protocols to enforce such 4 bans across all platforms. Any misuse or abuse of this remedy by a family member, 5 including false or malicious allegations, shall be penalized in accordance with 6 applicable laws on perjury and civil damages. For purposes of this Section, immediate 7 family members shall include the player's spouse, parent, child of legal age, or legal 8 guardian.

SEC. 8. Betting loss limits. - To promote responsible gambling and mitigate

10 financial harm, all licensed online gambling operators shall implement maximum limits 11 on the amount that may be wagered or lost by any player on a daily, weekly, and monthly basis. PAGCOR, in coordination with the Bangko Sentral ng Pilipinas, shall prescribe, review, and periodically update the monetary thresholds for betting and losses, taking into consideration evidence-based standards of gambling harm prevention, the results of mandatory affordability checks conducted under Section 12 16 of this Act, the bettor's financial profile, current daily minimum wage, and maximum 17 bet payout. Each player shall be automatically suspended from accessing online gambling services upon reaching any of the prescribed daily, weekly, or monthly loss or betting limits. The suspension shall take effect immediately and shall remain in force for a mandatory cooling-off period of not less than thirty (30) calendar days, during which the operator shall restrict all gambling-related access and communications with the 23 suspended player. Reinstatement of access after the cooling-off period shall be subject to reaffirmed user consent, mandatory reminders on gambling risks, and additional identity verification procedures to ensure that the same individual seeks reactivation voluntarily and with full awareness of the risks involved. Operators are prohibited from 27 offering promotions, bonuses, or targeted advertising to any user under suspension or within seven (7) days after the expiration of the cooling-off period. PAGCOR shall audit operator compliance with this Section and impose administrative sanctions for failure to enforce loss limits, suspensions, or cooling-off protocols. Non-compliant operators may be subject to fines, suspension, or revocation 32 of license, without prejudice to other civil, criminal, or administrative liabilities.

II. ENHANCED DUTY OF CARE AND PLAYER PROTECTION

SEC. 9. Mandatory Affordability Checks. - Online gambling platforms shall

5 implement and maintain systems to conduct mandatory affordability checks on players 6 at the point of account registration and periodically thereafter. These checks shall assess a player's financial capacity to gamble without incurring undue financial harm, taking into account declared income, expenditure, and other relevant financial 9 indicators. PAGCOR shall, in consultation with the Bangko Sentral ng Pilipinas (BSP) 10 and the Anti-Money Laundering Council (AMLC), issue detailed guidelines on the methodology, thresholds, and permissible data sources for these checks, in compliance with the Data Privacy Act of 2012 (RA 10173).

SEC. 10. Restriction of Play Based on Affordability. - Where an

affordability check indicates that a player's gambling activity poses a significant risk of financial harm, or where the source of funds cannot be satisfactorily verified, the online gambling platform shall implement immediate and appropriate measures to restrict the player's ability to deposit or wager. Such measures may include setting mandatory deposit limits, restricting access to certain high-stake games, or, in severe cases, suspending or terminating the player's account, with clear communication and guidance on seeking financial and gambling support.

SEC. 11. Proactive Monitoring of Player Activity. - Online gambling

platforms shall implement and continuously maintain robust, real-time automated systems and processes designed to monitor individual player activity for the purpose of identifying ang flagging behavioral indicators of gambling-related harm. These systems shall be capable of identifying and flagging patterns of spend, time spent gambling, changes in gambling behavior, customer-led contact indicating distress, use or non-use of gambling management tools, and other relevant account indicators as defined by PAGCOR. PAGCOR shall issue detailed guidelines on the specific behavioral indicators of harm and the technical standards for such monitoring systems.

SEC. 12. Tailored and Escalating Interventions. - Upon identification of

indicators of harm pursuant to the above, the online gambling platform shall, in a timely manner, take appropriate, tailored, and escalating interventions designed to

1 minimize and prevent further harm. Such interventions shall include, but not be limited to: automated, personalized messages mandatory 'reality checks' or 'take a break' prompts that temporarily halt gameplay at defined intervals or after significant play 4 duration or cumulative loss, direct human interaction with staff specifically trained in 5 harm identification, temporary account suspensions for players exhibiting escalating 6 risk profiles, cessation of all marketing communications for players identified with 7 moderate to high indicators of harm. PAGCOR shall issue and periodically update & detailed guidelines specifying the types of interventions, their triggers, and the 9 escalation protocols to be followed by licensed operators. PAGCOR shall issue and 10 periodically update detailed guidelines specifying the types of interventions, their triggers, and the escalation protocols to be followed by licensed operators.

SEC. 13. Algorithmic Integrity, Evaluation, and Player Rights. - The

algorithms used for identifying problematic play patterns and for automated decision- making shall be subject to independent, regular audits and certification by accredited third-party organizations to ensure their effectiveness, fairness, and to prevent their misuse as manipulative tools. Audit reports shall be submitted annually to PAGCOR. Operators shall regularly evaluate the impact of their intervention strategies on player behavior and overall harm minimization, and shall be able to demonstrate measurable outcomes to the regulatory authority.

SEC. 14. Game Integrity. - All online gambling platforms shall ensure the

integrity and fairness of their games through the mandatory use of certified Random Number Generators and transparent Return to Player metrics. a) Random Number Generators (RNGs)- All games offered by online gambling platforms that rely on random outcomes shall utilize a certified Random Number Generator (RNG). Such RNGs shall be independently tested and certified by an accredited third-party testing laboratory to ensure statistical randomness, unpredictability, and non-repeatability of outcomes. Certification reports shall be submitted to PAGCOR annually. b) Return to Player (RTP) Metrics- Online gambling platforms shall clearly display the theoretical RTP percentage for each game offered. The RTP percentage shall be prominently accessible to players prior to and during gameplay.

PAGCOR shall establish minimum RTP standards for various game categories to ensure fair payout structures over the long term. c) Audits and Compliance- PAGCOR shall conduct regular audits and may require independent third-party verification of RNG and RP compliance to ensure adherence to the provisions of this Act and its implementing rules and regulations. III. MARKETING AND ADVERTISING RESTRICTIONS

SEC. 15. Ban on Public Space Advertising. - All forms of online gambling

advertising in public spaces, including but not limited to billboards, transit ads, building wraps, posters, LED screens, and other out-of-home or street-level media, are strictly prohibited. For purposes of this Act, "public spaces" shall include all privately-owned spaces that are open to the general public like malls, transportation services, cinemas, restaurants and bars.

SEC. 16. Prohibited Media Channels. - Advertising or promotional content

for online gambling services shall not be allowed in traditional tri-media channels, including television, radio, and print publications, nor in digital media platforms such as social media, video streaming platforms, websites, mobile apps, or other internet- based communication channels accessible to the general public.

SEC. 17. Responsible Gambling Messaging. - All permissible

advertisements must contain clearly visible warnings on the risks of gambling, as well as helpline information for problem gambling support services, as prescribed by PAGCOR.

SEC 18. Sponsorships and donations. - Sponsorships shall be absolutely

prohibited in any educational, sport, concert, cultural, religious or art event. Sponsorships shall also be prohibited during public events. Online gambling operators may sponsor community activities as part of its corporate social responsibility but any merchandise or donations distributed during the event shall not contain the name of the company or indicate any gambling activities. IV. "SIN TAX" ON ONLINE GAMBLING

SEC. 19. Harm Mitigation Levy. - To finance the social costs of online

3 gambling and finance programs aimed at minimizing its harmful effects, a Harm Mitigation Levy equivalent to ten percent (10%) of the gross revenues of all licensed 5 online gambling operators shall be imposed and collected. The Harm Mitigation Levy shall be collected by the Bureau of Internal Revenue 7 (BIR) and deposited into a Special Gambling Harm Reduction Fund, which shall be administered by the Department of Health (DOH) in coordination with PAGCOR, the Department of Budget and Management (DBM), and the Department of Finance 10 (DOF). The Fund shall be allocated as follows: a) Forty percent (40%) - for the establishment and operation of comprehensive, evidence-based treatment, counseling, and rehabilitation centers and services for individuals with gambling disorders across the Philippines, including integrated units within existing mental health institutions and community-based health programs; b) Thirty percent (30%) - for sustained public education and awareness campaigns on the risks of gambling, digital literacy for online safety, and promotion of responsible gaming behaviors, to be implemented by the DOH, DepEd, and the Presidential Communications Office (PCO); c) Twenty percent (20%) - for monitoring, compliance enforcement, and regulatory capacity-building programs of PAGCOR and other concerned agencies, including the development and oversight of proactive monitoring systems, affordability check frameworks, and the National Self-Exclusion Registry; and d) Ten percent (10%) - for independent research, data collection, and policy evaluation on the public health and social impacts of gambling, including the effectiveness of duty of care measures and interventions, and for the development and implementation of training programs for healthcare professionals, social workers, and counselors to improve gambling addiction diagnosis and treatment.

All disbursements from the Fund shall be subject to existing auditing and 2 accountability laws and shall be reported annually to Congress by the DOH and PAGCOR, with full transparency and public disclosure requirements. Failure to pay the Harm Mitigation Levy shall constitute a ground for license suspension or revocation, 5 in addition to applicable fines, surcharges, and penalties under the National Internal Revenue Code, as amended. V. PUBLIC HEALTH APPROACH TO GAMBLING DISORDER

SEC. 20. Public health interventions to gambling disorders. -

Recognizing that gambling disorder is a public health issue requiring comprehensive medical, psychological, and social intervention, the State shall ensure the availability and accessibility of effective treatment and rehabilitation services for individuals affected by gambling addiction. The interventions, funding for which will be sourced from 40% of the Harm Mitigation Levy as discussed in Section 14, shall include the following; a) Establishment of Gambling Addiction Treatment Services. The Department of Health (DOH), in coordination with the Department of Social Welfare and Development (DSWD), shall establish and accredit specialized treatment and rehabilitation centers for gambling addiction, either as standalone facilities or as integrated units within existing mental health institutions and community- based health programs. These centers shall provide the following services, in accordance with international best practices: Clinical assessment and diagnosis of gambling disorder based on DSM-5 or ICD-11 criteria; ii. Evidence-based treatment options, including Cognitive Behavioral Therapy (CBT), Motivational Interviewing, and structured relapse prevention programs; ill. Individual and group counseling, family therapy, and financial recovery planning; iv. Peer support systems and recovery networks modeled after global self- help groups such as Gamblers Anonymous; and

V. Referral pathways at the regional level for co-occurring mental health or substance use disorders. b) Community-Based Programs and Hotline Services. The DOH and DSWD shall also develop community-based interventions, including: 1. Mobile mental health teams trained in gambling-related harm; il. Publicly accessible 24/7 helplines, text lines, and chat services for individuals and families in crisis; iii. Outreach and education sessions in schools, barangays, and workplaces on recognizing signs of problem gambling and accessing care. c) Capacity-Building and Accreditation. The DOH shall develop training programs and guidelines for the accreditation of treatment providers, ensuring that healthcare professionals, social workers, and counselors are equipped with the skills and ethical standards required for the treatment of gambling disorder d) Inclusion in National Health Programs. Gambling disorder treatment shall be integrated into the Philippine Health Insurance Corporation's (PhilHealth) benefit packages as a covered mental health condition under the Universal Health Care Act. The DOH shall also ensure the inclusion of gambling disorder in the National Mental Health Program; e) Monitoring and Evaluation. PAGCOR and DOH shall jointly establish a monitoring and evaluation framework to assess the effectiveness of rehabilitation services, using internationally accepted indicators on treatment uptake, retention, relapse rates, and patient satisfaction. Annual data and research findings shall be publicly reported and used to improve program design. In formulating the interventions under this Section, an advisory shall also be created composed of relevant stakeholders like medical associations, non-government organizations, and patients' rights networks, to ensure updated, evidence-based, rights-based and victim centered interventions and effective service delivery. No person undergoing or having undergone treatment or rehabilitation for gambling disorder shall be subjected to any form of stigma, discrimination, or denial of rights in employment, education, access to services, or any other area of public life solely on the basis of their gambling-related condition.

For purposes of this Act, gambling disorder shall be recognized as a mental health condition covered under Republic Act No. 11036, or the "Mental Health Act," 3 and persons affected shall be entitled to dignity, confidentiality, and protection from 4 all forms of abuse and marginalization. V. ONLINE GAMBLING AND PUBLIC OFFICERS

SEC. 21. Ban on government officials and employees, and members of

the uniformed services, - Government officials and employees, whether in the national government and in local government, including job-order employees, as well as members of the Armed Forces of the Philippines, including the Army, Navy, Air Force or the Philippine National Police, are prohibited from engaging in online gambling activities. Violation of this provision shall be considered misconduct and shall be grounds for administrative liability.

SEC. 22. Ban on campaign contribution by online gambling operators.

- No contribution for purposes of partisan political activity shall be made directly or indirectly by any online gambling operator. For this purpose, the term "contribution" includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement to contribute, whether or not legally enforceable, made for the purpose of influencing the results of the elections. VI. PENALTIES

SEC. 23. Penalties. - Without prejudice to prosecution under other existing

laws, the persons below shall be penalized as follows: a) Any person, natural or juridical, who facilitates online gambling in any online gambling platform without the necessary licenses issued by the regulatory authorities mentioned under Section 4 of this Act shall suffer the penalty of imprisonment of not less than six (6) years not more than eight (8) years and a fine of not less than Ten Million Pesos (P10,000,000.00). b) Any online gambling operator which violates the provisions of Chapter I on Access Restrictions shall suffer the penalty of a fine of not less than Five

Hundred Thousand pesos (P500,000.00) for the first offense; a fine of not less than One Million Pesos (P1,000,000.00) and suspension of operation for thirty (30) to ninety (90) calendar days for the second offense; and a fine of not less than Five Million Pesos (P5,000,000.00) and permanent deactivation of the platform and revocation of the license of the operator. c) Any electronic wallet and/or super app which violates Section 5 of this Act shall suffer the penalty of a fine of not less than Five million pesos (P5,000,000.00) and revocation of its electronic money issuer license and any other applicable registration, license, or permit to operate. d) Any online gambling operator which violates the provisions of Chapter II on Enhanced Duty of Care and Player Protection shall suffer a fine of not less than Five Hundred Thousand pesos (P500,000.00) for the first offense; a fine of not less than One Million Pesos (P1,000,000.00) and suspension of operation for thirty (30) to ninety (90) calendar days for the second offense; and a fine of not less than Five Million Pesos (P5,000,000.00) and permanent deactivation of the platform and revocation of the license of the operator. e) Any person, natural or juridical, who violates the provisions of Chapter III on Marketing and Advertising Restrictions shall suffer the penalty of a fine of not less than Five Hundred Thousand pesos (P500,000.00) for the first offense; a fine of not less than One Million Pesos (P1,000,000.00) and for the online gambling operator, suspension of operation for thirty (30) to ninety (90) calendar days for the second offense; and a fine of not less than Five Million Pesos (P5,000,000.00) and for the online gambling operator, permanent deactivation of the platform and revocation of the license to operate. f) Any other violation of this Act by an online gambling operator shall suffer the penalty of a fine of not less than Five Hundred Thousand Pesos (P500,000.00) for the first offense; a fine of not less than One Million Pesos (P1,000,000.00) for the second offense; and a fine of not less than Five Million Pesos (P5,000,000.00). g) Any official or employee of the government authority charged with ensuring compliance of the provisions of this Act who knowingly allows the commission of the offenses in this Act, regardless of material consideration, shall be

imprisoned for a period of one (1) month to six (6) months. He/she shall be dismissed from service and shall be permanently disqualified from holding any elective or appointive public service. If the offender is a juridical person, the persons liable shall be the responsible officers thereof. If the offender is a public officer or employee, or a professional, he/she shall also be administratively liable.

SEC. 24. Implementing rules and regulations. - Within sixty (60) days

from the effectivity of this Act, PAGCOR and BSP, in consultation with AMLC, the 10 Department of Information and Communications Technology special economic zone 11 authorities, TIEZA, freeport authorities, or any investment promotion agency, shall issue the Implementing Rules and Regulations for the effective implementation of this Act: Provided, That the absence of the Implementing Rules and Regulations within the specified period shall not prevent the automatic implementation and execution of the specific provisions of this Act.

SEC. 25, Data privacy, - Nothing in this Act shall be construed as amending

or abridging Republic Act No. 11073, or the Data Privacy Act of 2012. Data processing activities undertaken by online gambling operators in accordance with Chapter II of this Act shall be obtain express prior consent from data subjects, strictly comply with the principles of transparency, legitimate purpose, and proportionality as enshrined in Republic Act No. 11073, and ensure that the rights of data subjects are fully protected. Furthermore, online gambling applications, platforms, or services shall be strictly prohibited from gathering, buying, selling, or otherwise dealing in personal data or meta-data of their users for any marketing, advertising, or commercial profiling purposes without user consent.

SEC. 26. Registration with the Anti-Money Laundering Council

(AMLC). - Online Online gambling operators shall be considered a "Covered Person" under Republic Act No. 9160, as amended. They shall be required to register with the AMLC within thirty (30) calendar days from the actual date of commencement of their operations; Provided, that online gambling operators duly licensed by regulatory authorities upon the effectivity of this Act shall register with the AMLC within thirty (30) days from the effectivity of this Act.

SEC. 27. Separability Clause. - If any provision or part hereof is held invalid

or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid.

SEC. 28. Repealing Clause. - All acts, executive orders, administrative

5 orders, proclamations, rules and regulations or parts thereof inconsistent with any of 6 the provisions of this Act are hereby repealed or modified accordingly.

SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after

publication in the Official Gazette or two (2) newspapers of general circulation. Approved.

Text extracted from the scanned Senate document via OCR — it may contain recognition errors. The official PDF is the authoritative version.