Memorandum of Understanding Between ABB and Jockey Club

Published: 15 January 2004

THIS MEMORANDUM OF UNDERSTANDING is made the 15th Day of January 2004

BETWEEN:

1. THE JOCKEY CLUB of 42 Portman Square, London W1H 6EN (“the Jockey Club”)

and

2. THE ASSOCIATION OF BRITISH BOOKMAKERS whose registered office is at 3A Lower James Street, London W1F 9EH (“the ABB”) and its members.

BACKGROUND

In the interests of protecting and maintaining the integrity of horseracing, the parties will enter into this Memorandum of Understanding, under which, subject to certain conditions the parties will disclose betting related information to each other. The method of information exchange described in the MOU will replace the informal method in which the Jockey Club, the ABB and its members have been engaged for some time.

MEMORANDUM OF UNDERSTANDING

• Definitions and Interpretation

1.1 In this MOU the following words and phrases shall have the same meanings and definitions given to them in the Data Protection Act 1998 (“the DPA”): “Data”, “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data” and “Processing”

1.2 In this MOU the following words shall have the following meanings: –

“Criteria” the criteria by which the Responsible Persons shall review the Information in order to decide whether or not to make a disclosure which shall be based on the guidelines set out in Schedule 1.

“Disclosure(s)” a disclosure of Information and/or Data, assessed and deemed by the Responsible Person to fall within the scope of the Criteria and which it is appropriate to disclose, to the other party under the terms of this MOU and more specifically set out in Schedule 2 to this MOU.

“Information” information received by or coming into the possession of either party in whatever form and whether it is held in a manual or computer data retrieval system which relates to betting on horseracing anywhere in the world and capable of affecting the UK.

“Operational Guidelines” the guidelines for the management and processing of the Information in accordance with the Criteria as set out in Schedule 2.

“Responsible Person” the person or persons nominated by each of the parties to carry out the obligations of the Responsible Person set out in this MOU.

“Relevant Statutory Authority” any Police Force in the United Kingdom, the National Crime Intelligence Service, HM Customs and Excise or any regulatory authority set up by Government regulation now or in the future to act in a regulatory capacity in relation to horse racing.

“Parties” the Jockey Club, the ABB and its members.

2. Terms and Scope

2.1 This MOU shall be deemed to have commenced on 15th January 2004 and shall continue in force until terminated by any party under the provisions of clause 10. Termination by an individual member of the ABB shall have no effect upon the agreement reached with other members, the ABB and the Jockey Club.
2.2 The parties agree and acknowledge that they are entering into this MOU with the intention of protecting and maintaining the integrity of horse racing.

2.3 It is further agreed that save for the provisions of clause 5 neither the ABB, its members or the Jockey Club intends the provisions of this MOU to constitute a legally binding agreement and each party acknowledges that it serves no purpose other than to clarify and extend the current verbal understanding in place between the parties. However the ABB shall promote the contents of this MOU to its members in a positive way in order to raise awareness and encourage cooperation with the spirit and intention of this MOU.

2.4 Where practically possible the parties shall review the Information in order to determine whether any of the Criteria are relevant to the Information and in order to reach a considered decision about how to treat the Information and whether considering all the circumstances a Disclosure to the other party is appropriate.

3. Appointment of Responsible Persons

3.1 The parties appoint the following personnel to act as Responsible Persons in addition to such other personnel as it may appoint from time to time under the provisions of this MOU:

The Jockey Club

Name: PAUL SCOTNEY Position: DIRECTOR OF SECURITY
Address: 42 Portman Square Email:
London W1H 6EN

On behalf of the ABB

Name: ………………………. Company & Position: ……………………
Address: ………………………. Email: ……………………….

On behalf of ABB Member_

Name: ………………………. Company & Position: …………………… Details held with ABB
Address: ………………………. Email: ……………………….

3.2 The responsibilities of the Responsible Person may be delegated to those personnel reporting to the Responsible Person and under their direct control.

3.3 The parties shall ensure that all personnel appointed as a Responsible Person and those acting at their direction have the necessary skills, expertise, diligence and experience as is necessary for the proper performance of the obligations under this MOU.

4. Information Processing and Disclosure

4.1 The parties shall ensure that the Information is managed, processed and that any Disclosures made are in accordance with the Operational Guidelines.

4.2 Subject to clause 2.4 if the relevant Responsible Person is satisfied that the Information meets the Criteria and should be disclosed, the party in possession of the Information shall subject to compliance with all appropriate laws without delay make a Disclosure of the relevant Information to the other in accordance with the secure procedure set out in the Operational Guidelines.

4.3 The parties shall treat each Disclosure as a separate and discrete item of information even if it appears to be the same or similar to other Information already in the possession of either party.

4.4 All Disclosures shall be destroyed by the receiving party when said Disclosure is no longer relevant.

5. Confidentiality

5.1 The parties agree that they will apply to all Disclosures managed or processed in accordance with the provisions of this MOU the same degree of care with which they treat and protect their own proprietary information against public disclosure and shall hold in confidence all Disclosures received under the terms of this MOU.

5.2 To secure the confidentiality attaching to the Information and/or Disclosures the parties shall:

5.2.1 keep all documents and any other material bearing or incorporating any of the Disclosures under safe and secure conditions;

5.2.2 not use, reproduce, transform or store any of the Disclosures in an externally accessible computer or electronic information retrieval system or transmit it in any form or by any means unless to persons authorised to receive it by the Responsible Person;

5.2.3 disclose the Disclosures to the Responsible Persons only who, shall, for the avoidance of doubt, be bound by the same restrictions and obligations regarding the Disclosures as are placed on the parties under this MOU.

6. Data Protection Act

6.1 Nothing in this MoU shall be taken to impose or suggest any commitment or representation that a party will risk any breach of the data protection principles contained in the DPA or any other requirements under the DPA. The parties agree that they will not question any reasonable and prudent view taken by any other party of any obligation imposed on the other party by the DPA not to disclose data.

7. Review Meetings and Audit

7.1 The parties shall appoint a committee to be made up of not more than [insert number] of persons appointed equally by the parties for the purpose of reviewing the terms of this MOU its aims, objectives and achievements. The committee shall meet annually.

7.2 If considered necessary the parties will convene review meetings of the Responsible Persons not less than every four months on a mutually convenient date and place in [central London] to review progress under the terms of this MOU (“Review Meetings”).

7.3 The parties shall at each Review Meeting:

7.3.1 monitor the extent and content of the Information disclosed during the period since the last review meeting in order to identify any specific trends or issues which may affect the definition of the Criteria.
7.3.2 conduct regular reviews of security procedures and compliance.

8. Intellectual Property Rights

8.1 Each party hereby acknowledges that nothing contained in this MOU confers on them any form of proprietary rights in the Information and in particular no licence, copyright, database right or other intellectual property right is granted by either party to the other, directly or indirectly, now or in the future.

9. Warranties and Indemnity

9.1 The parties have agreed that they shall not have any claim against each other in respect of the performance of or failure to perform obligations under this MOU.

9.2 Neither party makes any representations or warranties in relation to the performance of its obligations under this MOU nor to the contents or relevance of the Information disclosed.

10. Termination

10.1 This MOU may be terminated by any party on giving to the other not less than 3 months notice in writing. Termination by an individual member of the ABB shall have no affect upon other parties to the agreement.

10.2 Any party may by notice in writing immediately terminate this MOU if the other party commits a material breach of this MOU that is incapable of remedy.

10.3 On termination or expiry of this MOU the parties shall arrange for the destruction of any Disclosure in their possession.

11. General

11.1 Notice
Any notice given under this MOU shall be in writing and shall be sent by pre-paid post or by email.

11.2 Entire Understanding
This MOU and the Schedules and Annexures to it shall constitute the entire understanding between the parties with respect to all matters which are referred to and shall supersede any previous arrangements or heads of agreement between the parties in relation to the matters referred to in this MOU.

11.3 Agency
Nothing in this MOU shall be interpreted as making the parties partners or joint ventures and neither party shall hold itself out as the agent of the other nor have authority to bind the other in any circumstances.

11.4 Counterparts
This MOU may be executed in more than one counterpart and shall come into force once each party has executed and exchanged such a counterpart with the other party.

11.5 Rights of Third Parties
No party not being a party to this agreement shall acquire rights arising from this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.

11.6 Modification
The parties acknowledge that this MOU will be modified from time to time. No modification, alteration or waiver of any of the provisions of this MOU or the Schedules shall be effective unless evidenced in writing and signed by or on behalf of each of the parties.

11.7 Notification
Each of the parties to this MOU and the members of the ABB will be acting as Data Controllers and it is agreed and acknowledged that each must separately notify the Information Commissioner in accordance with the notification requirements of the DPA.

11.8 Press Releases
Each of the parties to this MOU shall gain prior written approval of the other for any press releases it may wish to make in connection with this MOU should approval shall not be unreasonably withheld.

SCHEDULE 1

The Criteria

The parties consider that the occurrence of any one or more of the following circumstances may be sufficient to give reason for suspicion that it might be indicative of a threat to the integrity of horseracing or the commission or alleged commission of a criminal offence. Some examples are given below:

• Abnormal staking patterns e.g. multiple low stake bets

• Events surrounding the running of a race e.g. unusual riding

• General information that infers suspicious behaviour. e.g. anonymous or confirmed information received which requires further investigation

• Jockey Club, ABB or one of its members investigation in furtherance of the possible prevention & detection of crime, e.g. conspiracy, theft or deception

• Police led investigation whereby suspected criminal behaviour was evident e.g. corruption, proceeds of crime, money laundering

• Any person subject to the Orders and Rules of Racing who gives voluntary written authorisation for disclosure, e.g. a breach of any of the Orders and Rules of Racing

SCHEDULE 2

The Operational Guidelines

1. Recording
The parties shall record details of all incidents reported to them on the standard Incident Report Form (copy of which is annexed to this MOU) including information as to whether this incident results in Information being received, recorded and/or a Disclosure made.

The parties shall maintain an accurate index of Information held, managed or processed by them and shall ensure that such index can demonstrate an accurate audit trail of Information and Data movements whether within the organisation of the party or in relation to Disclosures made under the terms of the MOU.

The parties shall ensure that their Information records are effectively and efficiently administered in accordance with current good record management and practice.

2. Security
The parties shall provide secure storage systems for all Information received and recorded as follows: –

Manually recorded Information shall be kept in a secure fireproof filing cabinet:

Computer recorded Information shall be kept on a computer to which access is restricted to secure password and which cannot be accessed from any other computer on a network either internally or externally.

Access to Information is to be logged in a record kept by the Responsible Person and where appropriate shall be made available at review meetings held under the terms of this MOU.

Access Information records shall include a record of the type of Information received or disclosed (by way of a short summary); the date of such receipt/disclosure; and from or to whom receipt/disclosure is made.

3. Disclosure
Disclosure shall be made:

– For manual records by the Responsible Person making copies of the items comprising the Information and sending these in a sealed envelope by hand delivery, courier or Royal Mail Special Delivery (or such other signed for and secure delivery service as the parties shall agree) marked ‘Strictly Private and Confidential’ and for the personal attention of the Responsible Person at the receiving party;

– For computer records by the Responsible Person making a copy of the Information onto password protected electronic storing medium and making delivery of the same to the other party together with the password in the same way as for manual records or by sending an electronic copy of the Information to the email address specified in clause 3.1 of the MOU.

– This should not preclude the Disclosure of an urgent nature by telephone between Responsible persons. Such information should subsequently be confirmed in writing or by electronic means.

– No disclosure is to be made in breach of the DPA.

4. Data Review and Updating

The Responsible Person will undertake a review of all Data managed, held and processed by the parties not less than once every 3 months in order to ensure integrity of the Data and to optimise and improve Data quality.

Following such review the Responsible Person shall take such remedial action as may be necessary to amend and update the Data to ensure that it is accurate based on any current Information held by the parties and where appropriate disclosed under the terms of this MOU.

5. Destruction

Following such review any Disclosures which are found to be unnecessarily held, managed or processed by the other party shall be destroyed.

The Responsible Person shall apply the Operating Guidelines to the review, updating and destruction of Data in accordance with the principles of this MOU.

6. Transfer of Data

No Disclosure will be made outside the European Economic Area without the Responsible Person satisfying him/herself that the receiving country to which the disclosed Data is being transferred has sufficient Data Protection laws to protect the confidentiality of the disclosed Data and Privacy of the Data Subject and that the transfer is otherwise compliant with the DPA.

SCHEDULE 3
Subject Access Procedures

1. Introduction

2. Subject Access Request

Under Section 7 of the DPA, on making a request in writing to a Data Controller, an individual is normally entitled:

– to be informed whether the Data Controller is processing (which includes merely holding) his Personal Data; and if so

– to be given a description of those Data, the purpose for which they are being processed and to whom they are or made be disclosed; and

– to have communicated to him in an intelligible form all the Information which constitutes his personal data and any Information available to the Data Controller as to the source of those Data.

Such a request is known as a Subject Access Request and the DPA requires the Data Controller in each company to respond to such requests promptly and in any case within forty days (which begins to run from the date on which the request is received and, if charged, the fee – up to a maximum of £10.00). Each ABB member has responsibilities under the Act for their own action in relation to disclosure and must deal with subject access requests on an individual basis.

NOTE THAT SUBJECT ACCESS REQUESTS DO NOT ALWAYS HAVE TO BE MET. The DPA includes exceptions (especially for crime-fighting under section 29) which must be considered before responding to any Subject Access Request.

ANNEX I
Incident Report Form

TO: (MUST be a Responsible Person

FROM:

DATE:

TIME:

Details of Information received:

(continue on separate sheet if necessary)
Who was Information received from?

□ Tick if received anonymously

Which Criteria are you applying?
(Refer to Schedule 1 MOU) Please tick or if none apply add comment on a separate sheet if necessary
□ Abnormal staking patterns
□ Events surrounding running of a race
□ General information that infers suspicious behaviour
□ Jockey Club, ABB, or one of its member investigation in furtherance of the possible prevention and detection of crime
□ Police led investigation whereby suspected criminal behaviour was evident
□ Any person subject to the Orders and Rules of Racing who gives voluntary written authorisation for disclosure

Would disclosure meet the requirements of the Data Protection Act 1988? What can be disclosed and to whom?
(If in doubt, refer to data protection officer or legal department)