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The Dutch gaming authority imposed a total fine of almost EUR 500,000 on two operators for offering online gaming aimed at the Dutch public.
This is a guest post by my DLA Piper Dutch colleagues Richard van Schaik and Róbin de Wit.
The Dutch gaming case
The two companies operating the gaming website at hand were subject to investigations carried out by the Dutch gaming authority (“KSA“) during November 2014 – March 2015. Cause for the investigations was that the operators advertised theiroffer through Dutch websites. During the investigations, the KSA became aware of several indications revealing that the Netherlands was targeted: games were offered in Dutch language, iDEAL was an available payment method and a Dutch flag / button was presented. Furthermore, the website’s terms and conditions stated that a free welcome bonus was offered to players from the Netherlands. All this is still strictly prohibited under Dutch law.
Interestingly, the operators involved already had been fined by the KSA in the past. In October 2014, both operators were fined EUR 130,000 each. Hence, the KSA decided to impose a deterrent amount of EUR 500,000 with respect to the current infringement even though both operators still have the opportunity to object against the fines imposed.
What future for the Dutch gaming market?
The case concerned shows that the KSA keeps on moving forward by monitoring online operators, amongst which former offenders. At present, operators that wish to be active on the Dutch market cannot apply for a license in the Netherlands. However, this is likely to change in 2017. As far as a gaming license under the future regime is concerned, it should be noted that licenses for remote gambling may be refused by KSA in case of ongoing violations of the Dutch regulations. Therefore, it is recommended that current operators do not come to the attention of the Dutch gaming authority and that if they do, that the Dutch gaming authority’s demands are complied with within the set timeframe. Otherwise, the operator involved could face negative consequences.
This blog post was originally published on All-in blog
