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If operators comply with everything specified, then they are legally compliant, and safe from tort litigation. The UKGC approach is to set general standards and offer non-mandatory guidance. The UKGC doesn’t guarantee that following its advice means that an online gambling company is compliant — that issue is left up in the air. If a complaint is made, then the company involved must prove to either the UKGC or the courts that its compliance procedures meet the standard. UK law, particularly the Consumer Rights Act, includes the thoroughly nebulous concept of “fairness.” All businesses are required to treat customers fairly — something that isn’t defined. Where there is doubt, operators can either accept the discipline and if necessary, sanctions of the regulator, or take the expensive route of contesting the decision in court. It is arguable whether the UK or US system is better. They each meet the needs of cultures which have fundamental differences regardless of their similarities. The concept of a contract is treated differently in each legal system. In the US what is written in the contract document is broadly authoritative. In the UK it is secondary to what each party understood when they made the agreement.
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