Development in the Netherlands

Machteld Robichon & Fransje Brouwer
08 mrt 2021

Since our previous blog the Gaming Authority (Kansspelautoriteit; “Ksa”) published the (preliminary) final version of the Policy rules licensing remote gambling (Beleidsregels vergunningverlening kansspelen op afstand).

Most important points:

  • The Policy rules Koa confirm the new timelines, start application process by 1 April 2021 and the extension of the cooling off to 2 years and 9 months.
  • The requirements for the outsourcing of activities have been simplified: applicants must provide an overview of the work that will be contracted out and to whom, including an overview of the agreements concluded for this purpose. However, the agreements no longer have to be submitted directly with the application. The Ksa can, however, request these later.
  • Player funds can now also be secured by the use of a third party bank account.
  • The 3 forms to be submitted in connection with the audit of the gaming system have been included. The Ksa also published an updated version of the inspection calendar.
  • A new Article 19 on the use of existing personal data, which incorporates the ban on the use of existing customer data acquired by unregulated operators before obtaining a license. This clause prohibits the use of an existing customer database for (b) marketing and advertising plus for (c) the registration of players. These restrictions will also be included in the license terms as was illustrated by the draft license as published.

The Ksa also published a new version of the Policy Rules on Responsible Playing (Beleidsregels verantwoord spelen).

Compared to the version of 19 October 2021, it includes:

  • A more general elaboration of what players qualify as vulnerable groups.
  • A further specification of the risk analysis of the gaming offer and the reporting thereof to the Ksa.
  • A further elaboration of the scope of the investigation of possible problematic gaming behavior.

The Ksa also published a new version of the Guidelines for the Prevention of Money Laundering and Terrorist Financing Act (Leidraad Wet ter voorkoming van witwassen en financieren van terrorisme). Most important change is the fact that matchfixing is now integrated as an AML risk.

Should you have any questions on the above, please contact Machteld Robichon or Fransje Brouwer