Dr. Alan Littler, Joris Crone
1. Regulatory Landscape
1.1 Which entities regulate what type of gambling and social/skill gaming activity in your jurisdiction?
| Relevant Product | Who regulates it in digital form? | Who regulates it in land-based form? |
|---|---|---|
| Casino gaming (including slots and casino table games such as roulette & blackjack) | Netherlands Gambling Authority (Kansspelautoriteit, “NGA”). | Not specified |
| Betting | NGA. | Not specified |
| Lotteries | Prohibited. | NGA. |
| “Social” gaming with no prize in money or money’s worth | Authority for Consumers & Markets. | Authority for Consumers & Markets. |
1.2 Relevant Products Regulation
On 1 April 2021, the Remote Gambling Act (Wet kansspelen op afstand) entered into force, enabling the licensing of remote games of chance. The current laws governing gambling are:
- Betting and Gambling Act (Wet op de kansspelen, “BGA”).
- Betting and Gambling Tax Act (Wet op de kansspelbelasting, “BGTA”).
- Public Administration (Probity Screening) Act.
- Money Laundering and Terrorist Financing Prevention Act (AML Act).
- Media Act 2008.
- Sanctions Act 1977.
Offering games of chance without the requisite licence is prohibited. A game of chance is defined as one where participants can win prizes through means not entirely influenced by the players.
2. Licensing Regime
2.1 Licences Required
This section discusses the licences required for the lawful operation of gambling activities, excluding exclusive (land-based) licences.
Non-incidental games of chance
Licences are not capped. Operators can sell lottery tickets online.
Slot machine arcades
No nationwide cap on licences; a local municipal licence is required.
Remote games of chance
Entities can apply for a licence covering four types of remote games.
2.2 Licensing Structure
There are seven non-incidental games of chance licensees currently. Remote gambling applications began on 1 April 2021, with 25 licences granted by August 2023.
2.3 Application Process
Applications for charity lotteries and remote gambling must be submitted via the NGA’s website, with associated fees.
2.4 Licensee Restrictions
- 30% of ticket sales for charity lotteries must benefit good causes.
- Limitations on advertising and promotions apply to maintain regulatory compliance.
2.5 Licence Features
Licences are valid for up to five years but can be revoked for various non-compliance reasons.
2.6 Service Provision Limits
Licensees must verify player identity and adhere to promotional restrictions.
3. Impact on Relevant Products
3.1 Local Law Impact
Operators must maintain the ‘game system’ within EU/EEA jurisdiction, affecting both local and international operators.
3.2 Additional Restrictions
The Remote Gambling Act enhances the regulatory framework against unlicensed games.
3.3 Terminal Gaming
Fixed-odds betting terminals are prohibited.
4. Liability and Enforcement
4.1 Liability
Entities offering unlicensed games may face enforcement actions. Licensees are responsible for compliance and can be held accountable for violations.
4.2 Enforcement Actions
The NGA can impose fines and cease-and-desist orders for violations, focusing on unlicensed operators and advertising breaches.
4.3 Other Laws
EU law may impact enforcement actions under national law.
4.4 Gambling Debt
Gambling debts are not enforceable unless fraud is involved.
4.5 Enforcement Track Record
The NGA has actively enforced regulations, imposing significant fines for advertising violations and unlicensed activities.
5. Future Changes
5.1 Ongoing Discussions
Upcoming regulatory amendments concerning player limits and legislative evaluations are expected in 2024.
This chapter has been written by a member of ICLG’s international panel of experts and has been edited for clarity and originality.