The Netherlands – Update Remote Gambling Act

Developments surrounding the Remote Gambling Act (‘RGA‘) have not come to a halt since the announcement of the six-months’ delay of the RGA’s entry into force. In a speech at the GIH breakfast event that took place yesterday, chairman of the Dutch Gambling Authority (Kansspelautoriteit or KSA) René Jansen, shed some more light on different topics. A full English transcript of the speech is available here. We attended the briefing and will discuss the most striking points below. Furthermore, motions have been adopted in Dutch Parliament relating to the introduction of the RGA, which we will also discuss below. Speech …

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The Netherlands – Introduction Remote Gambling Act 6 months delayed

Earlier this week, the Dutch Minister for Safety and Justice informed Dutch Parliament that the entry into force of the Remote Gambling Act (“RGA“) is now scheduled for 1 January 2021 (available in Dutch here). This means that the earlier anticipated entry into force-date of 1 July 2020 has been postponed with six months. After the entry into force of the RGA, operators will be able to apply for a remote gambling licence. The expected opening of the market is (again) expected to be six months after the entry into force of the RGA and thus on 1 July 2021. …

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The Netherlands – KSA publishes further conditions for online licenses

The Dutch Gambling Authority (“KSA“) has published new information on the conditions that need to be met in order to obtain a licence for online games of chance (available in Dutch here). We also note that the KSA has indicated that it will organize workshops for potential applicants for a remote gambling licence. In these workshops, further information and details about technical requirements will be provided. Dates of the workshops are to be announced at a later stage. For more information, we refer to the KSA’s update in English here. Below, we give a high-level overview of the new information …

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The Netherlands – Highest fine by KSA

Today, the Dutch Gambling Authority (Kansspelautoriteit or “KSA”) announced it has imposed a fine of EUR 470,000 on Trannel International Limited This is the highest fine ever imposed to a single entity by the KSA up until now. The KSA decided that the operator offers online gambling targeted at the Dutch market through its .eu website. The offering included inter alia online casino games and sports betting. In its decision, the KSA stated that the operator violated the rules at least in the second half of 2018. More in particular, the following circumstances were taken into account by the KSA (some of …

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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): the website com was accessible from a Dutch IP-address (i.e. no geo-blocking); it was possible to perform payments through …

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The Netherlands: Draft Ministerial regulation published for public consultation

Yesterday, 24 July 2019, the Minister for Legal Protection published his draft ministerial regulation remote gambling (“RRG”) for public consultation. The RRG concerns the implementation of the Remote Gambling Act and the Remote Gambling Decree. Feedback and comments can be provided until 18 September 2019.   Background Where the Remote Gambling Act is a formal (framework) law, the Remote Gambling Decree is a General Administrative Order (Algemene Maatregel van Bestuur or AMvB) containing material subject matters (which is currently being prepared by the Ministry). The Remote Gambling Act delegates details to be included in secondary legislation (the Remote Gambling Decree) and …

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The Netherlands: KSA shuts down advertising on 23 affiliate marketing websites

The KSA announced today that it investigated 44 Affiliate marketing websites. Out of these 44 websites, the KSA found advertising for online gambling on 26 websites. 20 websites removed advertising for online gambling after notification by the KSA, three websites only did so after the KSA threatened to impose penalties on them and three other websites are still under investigation. Earlier actions in 2016 and 2017 led to 17 websites ceasing their online gambling advertising. Sharif Ibrahim and Richard van Schaik

The Netherlands: Minster provides update on reform Dutch lottery market

On 5 July 2019, the Dutch Minister for Legal Protection issued a letter to the Dutch House of Representatives, elaborating on the future reform of the Dutch lottery market. In this letter, it was re-confirmed that the Dutch government wishes to modernize the Dutch lottery market. The Minister announced that the government wants to limit the risks associated with gambling, such not by means of limiting the amount of operators, but by means of setting rules and by supervision over compliance. Also, the  Minister expressed again that the government does not see organizing lotteries as a key government activity. Current …

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The Netherlands: New fines for providing remote gambling services and the promotion thereof

On 24 June, The Netherlands Gambling Authority (Kansspelautoriteit or “KSA“) announced that it imposed fines of EUR 270,000 on Simbat Entertainment Systems Limited for providing remote gambling services (online gambling/games of chance) via at least eleven different websites, targeted at Dutch players. The KSA considered Spinity Limited as the promotional agent of Simbat and the KSA has also imposed a fine of EUR 100,000 on Spinity for promoting (advertising) Simbat’s remote gambling services. The KSA took the official decision to impose these fines already in July 2017; both parties appealed this decision (and the publication thereof) at the administrative division …

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Prize Promotions Around the World: Launch of New Edition

The fourth edition of DLA Piper’s popular Prize Promotions Around the World online guide is now available.  The guide has been fully updated and also includes four new jurisdictions, to bring the total coverage to 39 jurisdictions. Prize promotions (including promotional sweepstakes and skill competitions) remain a hugely popular marketing tool used globally by organisations to engage with customers. The internet and social media platforms make this an attractive, cost efficient means of reaching a large, multi-jurisdictional customer base; but it is not without its legal challenges. This guide is designed to equip DLA Piper’s clients with a useful tool …

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The Netherlands: Update Remote Gambling Act

Last week, at the Gaming in Holland conference, chairman René Janssen of the Dutch Gambling Authority (Kansspelautoriteit or “KSA“) and Dennis van Breemen of the Ministry of Justice and Safety (Ministerie van Justitie en Veiligheid) provided new updates regarding the Dutch Remote Gambling Act (Wet online kansspelen op afstand, “RGA“). the envisaged timelines for the full implementation of the RGA; the status of the secondary legislation in relation to the RGA; the (additional) criteria which future licensees have to fulfill; and the updated form “I want a remote gambling licence“.   We provide you with a brief overview of those …

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The Netherlands: Euro 400K fine for addressing Dutch market

Today, the Dutch Gambling Authority (“KSA”) announced that on 4 January 2019, it imposed a fine of EUR 400,000  on 1x Corp N.V. and Exinvest Limited, companies vested in Curacao and Cyprus. The companies were  offering gambling services to Dutch consumers via several websites, such by means of having the websites (partially) in Dutch, using iDeal as payment method, etc., all such without having  licenses. Both companies have appealed KSA’s decision.   Richard van Schaik    

BREAKING NEWS: Dutch Senate votes in favour of the Dutch Remote Gambling Act

BREAKING NEWS: Dutch Senate votes in favour of the Dutch Remote Gambling Act   The Dutch Remote Gambling Act (Wet online kansspelen op afstand) has officially been adopted with a majority vote of 44 out 75 by the Dutch Senate! It is safe to say that the adoption of the RGA was no small feat. In the last few weeks, it became clear that there was still uncertainty and quite a lot discussion among the different stakeholders. Nevertheless, a big step was taken today by the Senate. After more than 2.5 years, the Dutch gambling market will now officially open …

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The Netherlands – Vote on RGA on 19/2, Privatization Holland Casino suspended

During the plenary session of the Senate today, it was decided that the final vote with respect to the Dutch Remote Gambling Act (“RGA”) will take place next Tuesday 19 February. There was still too much uncertainty among the different members of the Senate, and the Minister was heavily questioned today on different parts of the RGA. The main discussion concerned the cooling-off period, that is envisaged to be applied to gambling operators that have previously violated the Dutch gambling laws by actively targeting games of chance to the Dutch market. The Minister indicated that the prioritization criteria of the …

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