Measures introduced to ensure better protection for online gamblers News item

The online casino laws and regulations in the Netherlands are strict and detailed to protect players and ensure fair games. With the introduction of the Remote Gambling Act, the Netherlands has created a clear framework in which online casinos can legally operate, provided they meet strict requirements. The Dutch Gambling Authority plays a crucial role in overseeing these laws and regulations, and as a player, it is important to be aware of your rights and the safety measures you should take. In February 2024, a land-based gambling operator successfully challenged the licensing regimes for the instant lottery, the lotto, and land-based sports betting before a District Court. The District Court concluded that the nature of the three semi-permanent licensing regimes constituted an unjustified restriction of the freedom to provide services. Restrictions to the freedom to provide services can be justified, but one of the criteria is that the national policy in that regard has to be “horizontally consistent” and “proportionate”.

The appendices, (partial) forms and all other documents or records accompanying the application must also be submitted via the section of the Gaming Authority website specifically designated for this purpose. Enforcement of administrative sanctions can take place without a court order. Enforcement against operators and persons established abroad ‒ or persons passing through the Netherlands – is more difficult, as no general international law instrument exists for the cross-border enforcement of administrative sanctions. “Any form of communication in which licence holders advocate their services or goods, directly or indirectly, whether or not with the aid of third parties”. In light of the evaluation of the RGA, Members of Parliament have asked the State Secretary to investigate other RG measures. Concrete measures are a prohibition on “max bet” and “turbo” buttons, and cross-operator limits.

However, for NL players struggling with maintaining healthy gambling habits, the risk is much more significant. In those scenarios, following a strict Dutch responsible gambling guide is one of the main ways to minimise the negative impact online casino games and betting can have. One of the relatively new enforcement measures for the NGA is the binding instruction. Binding instructions allow the NGA to demand that entities cease certain activities, including providing payment or advertising services to locally unlicensed operators. Following an amendment to the remote gambling bill in 2016, this binding instruction cannot be used against ISPs. In principle, therefore, service providers such as software suppliers and affiliates are free to provide their services to locally licensed remote gambling operators.

This applies also in the event of outsourcing, meaning that the NGA will take enforcement action against a licensee should one of its B2B suppliers violate regulatory requirements. Since 1 October 2021, remote gambling licensees have been the tax subject for remote gambling under locally awarded licences, and the gambling tax rate was again increased on 1 January 2024 to 30.5%. The relevant tax base for licensed remote gambling is GGR and all amounts other than stakes received for providing the opportunity to participate (i.e., commission, rake and entry fees).

The ban on untargeted advertising, which entered into force on 1 July 2023, is having a significant impact on affiliates, as the scope of the ban includes untargeted advertisements via the Internet (see 9.6 Recent or Forthcoming Changes). The first step in the overall reliability assessment is the reliability test based on the BGA and secondary legislation. The NGA will investigate whether the reliability of the applicant is “beyond any doubt”. Forthcoming legislative changes are discussed in 3.7 Recent or Forthcoming Legislative Changes.

Which Dutch online casinos do you recommend?

These agreements were allowed to continue temporarily to honour contractual obligations. The entry into force of the Remote Gambling Act makes it legal to offer gambling via the internet in the Netherlands. In order to do so, operators need a licence from the Netherlands Gambling Authority (Kansspelautoriteit, Ksa). On 1 October, the market for online gambling in the Netherlands will actually open up. Advertising via the internet is permitted for remote gambling licence holders, provided that three cumulative conditions are complied with, as follows. The NGA is also the regulatory authority concerning advertisements for gambling offers.

Furthermore, operators must demonstrate that they constantly monitor their business relationship with the customer and money transactions by means of customer due diligence (CDD) checks. CDD data on higher-risk players – for example, those from high-risk areas ‒ must be updated more frequently. Relevant gambling operators will have to follow a risk-based approach with regard to drafting and implementing their AML policy.

Gaming Law 2024

We aim for a higher contribution because we believe in maximizing value for charitable causes. Social gaming and skill games are under the competence of the Authority for Consumers & Markets. Speak with our Dutch gambling team at Law & More to map requirements, timelines, and documentation that pass Ksa scrutiny. Incorporating in The Netherlands enables access to a stable business environment, benefits such as tax https://ineoswillfall.com/ optimization through double taxation avoidance, and access to a highly skilled and multilingual workforce.

The official decision confirming the Act’s implementation was eventually published in the government gazette, clarifying that April 1, 2021, would be the date when the Dutch online gambling market would be regulated. On that day, interested operators began submitting their license applications to the Ksa. By the end of April, the gambling regulator had received 29 applications — far fewer than the initially anticipated 90. The Dutch government has implemented Centraal Register Uitsluiting Kansspelen (Cruks), a self-exclusion system where players can voluntarily block themselves from gambling platforms. Licensed casinos are required to check this registry before allowing a player to gamble.

The former applies to the land-based operators, whereas the latter applies to remote gambling operators. Licence applications for slot machines, incidental lotteries and charity lotteries must be completed within eight weeks. This period can be extended depending on the (additional) information required from the applicant. Furthermore, applicants for land-based slot-machine and charity lottery licences could also be subject to a test based on the Public Administration (Probity Screening) Act. On 3 October 2022, the NGA published its policy rules on probity screening for land-based slot-machine applicants. Operators with an unlicensed presence that submit their licence application after 31 March 2022 cannot make use of this exception to the default position.

Strict Regulations for Online Gambling in the Netherlands

Online gambling measures to make players more aware while they are gambling have been in force since 1 October. From now on, for example, a monthly deposit limit of no more than €350 will apply to new adult gamblers and no more than €150 for young adult gamblers aged up to 24 years old. If a player wants to set a higher limit, they will only be able to do so after they have had personal contact with the gambling provider. While they have contact the gaming provider is obliged to make the player aware of the consequences and risks of setting a high spending limit and the risk of losing this amount of money. The provider is also obliged to draw the player’s attention to the availability of help and support and the possibility of a gamstop via the Cruks exclusion register.

The licensing requirement ensures fair treatment and equal winning chances for participants. A lottery license includes details such as the lottery’s purpose, ticket price, and prize package. We guide you through the application process and ensure that all necessary documents are submitted correctly. Over the last year (2023–2024), the NGA’s enforcement approach has been primarily two-fold. Firstly, the NGA further intensified enforcement against unlicensed operators by mainly imposing cease-and-desist orders. A record-high fine was imposed in December 2023, amounting to €19.6 million.

Operators are also required to actively monitor player behaviour and intervene when necessary to ensure compliance and safeguard players’ well-being. In addition to the offline market, online gambling was legalised in 2019 by The Senate after years of debating that initially started in 2012. The Dutch Gambling Authority Kansspelautoriteit (Ksa) was launched in this same year in order to stop illegal operators from targeting Dutch players and prepare for the legalisation of online gambling. We will tell you more about this organisation as they’ve played a crucial role in the new market situation.

Blenheim’s gambling lawyer’s are happy to assist you on Dutch gambling law. There have been no changes in the past year with regards to Acquisitions and Changes of control. Furthermore, there are no indications of forthcoming changes in this regard at the time of writing.

The Ksa supervises integrity and can issue binding instructions across the chain—payment processors, hosting, and affiliates—to stop facilitation of unlicensed gambling. Match‑fixing risks must be addressed in policies and systems; the Ksa expects risk‑based controls as part of the “AML & match‑fixing” licensing module. There are a few online casinos that have made a very solid impression so far. Holland Casino offers a lot of bonuses and launched an outstanding website and BetCity has turned out to be a popular website among players as well. TOTO came up with an excellent platform too and even offers its exclusive branded slot game.

The offering of bonuses is permitted in principle and constitutes an advertising activity. This means that all advertising restrictions apply to bonuses and, in addition, specific bonus requirements apply. The “one player account‟ rule, combined with the lack of a B2B licensing regime, makes life difficult for white-label providers that would ordinarily obtain a licence and offer turnkey solutions to numerous parties.

• The exploitation licence awarded by the NGA is subject to a one-off fee of EUR1,815.12 and an annual gambling levy per player seat.
• For additional assurance, you can use the ‘Kansspelwijzer’ to verify the reliability of an online casino.
• The Netherlands has seen major changes in its gambling laws, especially regarding online casinos.
• Players can enjoy a variety of classic and modern casino games, including slots, table games, and live dealer games, offered by licensed iGaming companies regulated by the Kansspelautoriteit (KSA).
• The NGA (merely) establishes it has, at that time, no objection to the individual connected to the licence holder.

Help with gambling problems

• Safeguarding against underage gambling and thwarting illegal operators are paramount concerns within the Dutch online gaming landscape.
• Concrete measures are a prohibition on “max bet” and “turbo” buttons, and cross-operator limits.
• Binding instructions allow the NGA to demand that entities cease certain activities, including providing payment or advertising services to locally unlicensed operators.
• After the Dutch gambling authority Kansspelautoriteit (KSA) granted the first licences on the 29th of September 2021, the first regulated online casinos opened their virtual doors in the Netherlands on the 2nd of October 2021.
• David van der Leeuw is a casino and sports betting expert with a background in statistics.

The State Secretary responsible for gambling legislation is considering whether to grant the NGA authority to use fake IDs for supervision purposes. This would allow the NGA to more effectively supervise remote gambling licence holders. The NGA is already allowed to register an account as a mystery guest, but this route is effectively useless as licence holders are required to obtain an identity document from all registering persons. A possible amendment to the BGA will be part of the changes following the evaluation of the RGA.

With the introduction of the Remote Gambling Act, the Netherlands has established some of the strictest regulations for online gambling in Europe. This has been done to ensure the highest standards of player protection and fair play. Online casinos are required to implement measures to prevent addiction, inform players about the risks of gambling, and ensure fair gaming conditions. Additionally, they must undergo regular audits to confirm that they comply with all requirements. The Dutch online gambling market accepts both domestic and international operators. From October 2, 2021 online casinos have been allowed to offer their gambling products to Dutch players.

The Centraal Register Uitsluiting Kansspelen or Cruks is a central register implemented by the Kansspelautoriteit. It is an exclusion system designed for Dutch gamblers who wish or are legally obliged to refrain from gambling. You have to spend at least 40% of the proceeds from the lottery on a cause of general interest. If the value of the total prize package is below €4,500, you apply to the municipality where the draw takes place. If the value of the prize package exceeds €4,500 you apply for a permit to the Netherlands Gaming Authority (Kansspelautoriteit, Ksa, in Dutch).