Compliances for Running a Skill-Based Gaming Platform

Compliances for Running a Skill-Based Gaming Platform

🎮 Compliances for Running a Skill-Based Gaming Platform in India

The rise of online gaming in India has created exciting opportunities for entrepreneurs and players alike. Among various gaming types, skill-based gaming platforms (such as fantasy sports, rummy, chess, and quiz games) are gaining popularity. However, running such a platform involves strict legal and regulatory compliance to avoid penalties or shutdowns.

Let’s dive into the key compliances and legal frameworks you need to follow for a successful and legal operation in India. 🌐📜


🎯 What Is a Skill-Based Game?

A skill-based game is one where the outcome is determined mainly by the player’s knowledge, training, attention, experience, and expertise, rather than chance or luck. In contrast, games of chance fall under gambling and are largely prohibited in many Indian states.

🧠 Example of Skill-Based Games:

  • Fantasy sports (like cricket or football leagues)

  • Rummy

  • Chess

  • Quiz-based games

  • Word-building or strategy games


📜 Legal Framework for Skill Gaming in India

India does not have a uniform national gaming law. Instead, gaming is governed by:

  • The Public Gambling Act, 1867 (a central law)

  • Various state-specific gaming laws

  • Judicial rulings interpreting skill vs. chance

Skill-based games are excluded from gambling laws under the central act, but states can impose their own restrictions.

⚠️ Important Note: Some states like Telangana, Assam, Odisha, Andhra Pradesh, and Nagaland have restricted or banned online gaming involving money—even if skill-based.


Key Compliances to Run a Skill-Based Gaming Platform

Here are the major legal and regulatory compliances you must follow to operate smoothly:


1. 🏢 Business Registration

Register your company under the Companies Act, 2013 or Limited Liability Partnership (LLP) format.

  • Choose a relevant name and business structure.

  • Obtain PAN, TAN, GST, and open a current account.


2. 📱 Technology and Platform Compliance

Ensure your platform complies with the Information Technology (IT) Act, 2000:

  • Strong data protection and privacy policies

  • Cybersecurity measures

  • Content moderation and user protection


3. 🧾 GST Compliance

  • Skill-based games involving entry fees or prize pools may attract GST.

  • Usually, 18% GST is applicable on platform fees/commission.

  • Maintain proper invoicing and return filings.


4. 🔐 Data Protection and User Privacy

  • Comply with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

  • If the Digital Personal Data Protection Act is enforced in your jurisdiction, adhere to its provisions.

  • Clearly disclose Terms of Service, Privacy Policy, Refund Policy, and Grievance Redressal Mechanism.


5. 🏛️ Skill Game Certification (Optional but Useful)

Get your platform certified as a game of skill by:

  • Independent legal opinion

  • Industry-recognized bodies (such as AIGF or FIFS)
    This helps in building credibility and protects against potential legal action.


6. 👥 KYC & Anti-Money Laundering Compliance

  • Implement Know Your Customer (KYC) norms for users.

  • Verify identity, age, and location to prevent underage or restricted-area access.

  • Follow AML guidelines to prevent money laundering through your platform.


7. 📌 State-Specific Compliance

Since gaming is a state subject, you must comply with local laws:

  • Some states require special licenses

  • Others may prohibit cash games altogether

  • Be cautious of geo-blocking users from restricted states


8. 🎁 Prize Distribution & Tax Deduction

  • Winnings over ₹10,000 are subject to TDS at 30% under Section 194BA of the Income Tax Act.

  • Issue Form 16A for TDS deductions.

  • Maintain proper accounting records of payouts.


9. 🚨 Self-Regulation & Responsible Gaming

  • Provide tools for users to set time and spending limits

  • Add warnings for excessive gaming

  • Allow self-exclusion or breaks for mental well-being


🌐 Other Recommendations

✔️ Keep legal counsel or compliance experts on retainer
✔️ Stay updated with evolving court rulings and central/state laws
✔️ Maintain transparency with users and regulators
✔️ Adopt a fair play policy and an internal audit mechanism


🏁 Conclusion

Running a skill-based gaming platform is a promising venture—but only when built on a strong legal foundation. While you do not need a gambling license for skill games, you must comply with corporate, tax, IT, and local laws.

With the right structure, compliance, and transparency, your platform can grow responsibly and sustainably. 💼🎉

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