Industry Guidance for Online Gaming Products

On January 16, 2026, the Nevada Gaming Control Board (“Board” or “NGCB”) issued Notice 2026-04, providing significant new guidance for Nevada gaming licensees and applicants involved in online gaming products offered in jurisdictions outside Nevada. The Board explains that rapid growth in online gaming requires clearer expectations for compliance with Nevada’s Foreign Gaming requirements under NRS 463.680 through NRS 463.720.

Who This Guidance Targets

This guidance is directed at Nevada licensees that currently conduct or intend to conduct online gaming or provide online gaming products in jurisdictions outside Nevada. “Online Gaming” covers real‑money gambling conducted over the internet, and “Online Gaming Products” include the online wagering games, platforms, systems, software, and digital content used to offer those activities. This reflects a broad scope that the Board interprets to encompass, sports betting, and essentially any online real‑money offering. Social gaming is not included. 

Key Points

Required Immediate Action

Nevada licensees that currently offer online gaming outside Nevada must provide the Board with a complete list of all jurisdictions where their products are available within sixty days of the posting date of the Notice. After initial submission, licensee must then inform the Board on a quarterly basis, of any new jurisdictions that the licensee has determined to be suitable for Online Gaming and/or the offering of Online Gaming Products.

Mandatory due diligence

Licensees must evaluate the legality of online gaming in every jurisdiction where their products may be offered. This applies to direct business to consumer offerings, business to business arrangements, and aggregator distribution models. All assessments must be documented.

Limited reliance on partners

For business to business¹ and aggregator² models, a licensee may rely on a partner’s jurisdictional analysis only if the partner provides written assurances of compliance and the contract includes a termination option if regulatory concerns arise. 

Presumptively prohibited jurisdictions

The Board identifies certain jurisdictions as presumptively prohibited if the jurisdiction either expressly prohibit online gaming or has taken enforcement action related to online gaming. The notice provides a non-exhaustive list of presumptively prohibited jurisdictions, namely Australia, China, Cuba, India, Indonesia, Iran, Russia, Saudi Arabia, Syria, and Thailand. A licensee must conduct comprehensive due diligence and submit that analysis to the Board if it seeks to overcome the presumption.

Ongoing monitoring and reporting

Licensees must maintain an updated register of all jurisdictions where their products are available. They must also monitor accessibility, remove products from prohibited jurisdictions when required, and comply with regular reporting obligations under Nevada’s Foreign Gaming provisions.

If you have any questions about the issues raised in this alert, please contact the authors or the Womble Bond Dickinson attorney with whom you normally work.

¹Where Licensees supply Online Gaming Products to third parties that offer these Online Gaming Products to players in certain Jurisdictions
²Entities that distribute Online Gaming Products across multiple operators or platforms.