Business Guidance for Online Gaming Products | Womble Bond Dickinson

On January 16, 2026, the Nevada Gaming Control Board (“Board” or “NGCB”) issued Notice 2026-04, offering vital new steerage for Nevada gaming licensees and candidates concerned in on-line gaming merchandise supplied in jurisdictions outdoors Nevada. The Board explains that fast development in on-line gaming requires clearer expectations for compliance with Nevada’s Foreign Gaming necessities beneath NRS 463.680 by NRS 463.720.

Who This Guidance Targets

This steerage is directed at Nevada licensees that at the moment conduct or intend to conduct on-line gaming or present on-line gaming merchandise in jurisdictions outdoors Nevada. “Online Gaming” covers actual‑cash playing carried out over the web, and “Online Gaming Products” embody the web wagering video games, platforms, methods, software program, and digital content material used to supply these actions. This displays a broad scope that the Board interprets to embody, sports activities betting, and basically any on-line actual‑cash providing. Social gaming just isn’t included. 

Key Points

Required Immediate Action

Nevada licensees that at the moment supply on-line gaming outdoors Nevada should present the Board with an entire listing of all jurisdictions the place their merchandise can be found inside sixty days of the posting date of the Notice. After preliminary submission, licensee should then inform the Board on a quarterly foundation, of any new jurisdictions that the licensee has decided to be appropriate for Online Gaming and/or the providing of Online Gaming Products.

Mandatory due diligence

Licensees should consider the legality of on-line gaming in each jurisdiction the place their merchandise could also be supplied. This applies to direct enterprise to shopper choices, enterprise to enterprise preparations, and aggregator distribution fashions. All assessments have to be documented.

Limited reliance on companions

For enterprise to enterprise¹ and aggregator² fashions, a licensee might depend on a accomplice’s jurisdictional evaluation provided that the accomplice offers written assurances of compliance and the contract features a termination choice if regulatory considerations come up. 

Presumptively prohibited jurisdictions

The Board identifies sure jurisdictions as presumptively prohibited if the jurisdiction both expressly prohibit on-line gaming or has taken enforcement motion associated to on-line gaming. The discover offers a non-exhaustive listing of presumptively prohibited jurisdictions, particularly Australia, China, Cuba, India, Indonesia, Iran, Russia, Saudi Arabia, Syria, and Thailand. A licensee should conduct complete due diligence and submit that evaluation to the Board if it seeks to beat the presumption.

Ongoing monitoring and reporting

Licensees should preserve an up to date register of all jurisdictions the place their merchandise can be found. They should additionally monitor accessibility, take away merchandise from prohibited jurisdictions when required, and adjust to common reporting obligations beneath Nevada’s Foreign Gaming provisions.

¹Where Licensees provide Online Gaming Products to 3rd events that provide these Online Gaming Products to gamers in sure Jurisdictions
²Entities that distribute Online Gaming Products throughout a number of operators or platforms.

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