The Netherlands – KSA imposes another fine

Today, the Dutch Gambling Authority (Kansspelautoriteit or “KSA”) announced it has imposed a fine of EUR 350,000 on a Gibraltarian operator. The KSA decided that the operator offers online gambling targeted at the Dutch market through its .com website.

In its decision, the KSA stated that the operator violated the rules in 2018 and 2019. More in particular, the following circumstances were taken into account by the KSA (some of which are included in the KSA’s prioritization criteria as listed here):

  1. the website com was accessible from a Dutch IP-address (i.e. no geo-blocking);
  2. it was possible to perform payments through iDeal (a Dutch payment platform); and
  3. bonuses and promotional actions were available.

The operator argued that it had had legitimate expectations it could rely on  – including statements by the former Justice State Secretary, the former chairman of the KSA and the prioritization criteria – and that the KSA wouldn’t take action without prior warnings. However, the KSA states in its decision that the rules were clear to all operators targeting the Dutch market and that the prioritization criteria weren’t exhaustive.

The decision can be appealed within six weeks after the date of the decision (23 July 2019).

Sharif Ibrahim and Richard van Schaik