Compliance Updates
Endorhina’s Head of Legal reports on the Netherlands’ new gambling law
Jakub, Endorphina’s Head of Legal, shares his thoughts in a detailed report on the Netherlands’ new gaming application process. We learned that starting October 1st, 2021, the Netherlands will finally release their new law regulation for online gambling!
Jakub explains that the market now becomes open for all types of licenses, like bets on events during a sports match, bets on horse races, and much more. We also hear that there are no limits to the number of accepted licenses, as long as you meet all the requirements.
Dive into Jakub’s full report below:
As of October 1st, 2021, the online gambling market in the Netherlands will finally open. The Dutch Senate approved of the Remote Gambling Act in February of 2019 after years of delays. Before this, the Netherlands tried to fight only the worst offenders in illegal gaming. Nearly two years later, the law is finally scheduled to enter in full force. The online gambling licensing application process began on April 1st, 2021, and now we can finally look forward to its official beginning on October 1st.
The market only opens for the following types of licenses:
- Casino games in which the players play against the operator;
- Casino games in which the players play against each other;
- Bets on events during a sports match or on the outcome of sports matches; and
- Bets on the results of horse races and harness racing organized by or under auspices of the Dutch Draf
Market surveillance is done by a regulator – the Netherlands Gambling Authority is responsible also for the licensing process. As mentioned above, the licensing process opened on April 1st 2021, therefore from the date of drafting this article, the applications are just being accepted.
There is no limitation on the number of accepted licenses, therefore anyone who fulfills all requirements of the regulator is entitled to receive a license. The duration of the license is 5 (five) years, and the licensing fee is set at EUR 48,000.
Applicants should have their registered office in the EU or the European Economic Area, some exceptions are, however, admissible. Regarding server location requirements, the Control Database Specification document specifies that: “The legislation requires that the CDB final data repository must be located in the Netherlands physically separated from the operators gambling system. Both may be located in the same data centre if an operator chooses to do so, however, data stored in this main the CDB final data repository must be logistically and safely separated from any other data.”
In order to be entitled to receive the license, the decree states that the continuity of a license must be reasonably guaranteed. Therefore, the applicant for the license shall in any case provide among other assurance report confirming that the applicant is not in bankruptcy, under a moratorium of payments or where the applicant’s assets are not subject to an enforceable attachment.
All online gambling applications shall also be assessed against the criteria as per the policy rules which include operating without a permit. No applicants shall operate on the Dutch market in two years and nine months preceding the date on which the application was submitted and during the processing of the application.
Unauthorized operations are deemed when the following criteria are met:
- The game offer took place on a website whose extension ended in .nl;
- The game offer was wholly or partly in the Dutch language;
- The relevant offer or its provider advertised on TV, radio or printed media aimed at the Dutch market;
- For the games on offer, there was a use of domain name containing terms typical of the Netherlands in combination with the designation of games of chance;
- The website(s) on which the games of chance were offered contained any features from which a focus on the Netherlands can be deduced; and
- For the games of chance offered, it was possible to use means of payment that are exclusively or largely used by Dutch people;
Taxes are calculated from the gross gaming revenue of the operators currently the taxation is 30.1%. The taxation rate was increased from 29% to 30.1% from January 1, 2018, due to loss of income for the state caused by delays in the adoption of the Online Gambling Act. According to press release from the regulator, the gambling tax will be released back to 29% six months after the entry into force of the Online Gambling Act.
Expectations from this market are rather high. The Netherlands took its time – and at a cost of multiple delays, hopefully, they’ve prepared their regulation for the high demands of the gambling industry.
And that’s a wrap!
We hope you enjoyed reading Jakub’s official report on the Netherlands’ new gambling law. If you have any questions, feel free to reach out to us anytime. For now, stay tuned to more insights and new releases coming soon!
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A streamer has accepted a fine of DKK 10,000 for using Twitch to distribute games to game providers without a license to offer games in Denmark.
Twitch is a platform where users share live content, such as gaming, unboxing and gambling.
The streamer has in several cases advertised game providers without a Danish license through his Twitch channels.
The Danish Gambling Authority discovered the violation in 2023 and reported the streamer to the police.
The police have assessed that the streamer has violated the law, and the streamer has been fined DKK 10,000, which was the amount recommended by the Danish Gambling Authority.
This is the second time that the Danish Gambling Authority has reported a streamer for distributing illegal games and has been successful in the case.
Source: spillemyndigheden.dk
The post Spillemyndigheden: Streamer fined DKK 10,000 for illegally distributing games appeared first on European Gaming Industry News.
The Alcohol and Gaming Commission of Ontario (AGCO) has contacted more than a dozen traditional and digital media platforms, calling on them to stop promoting unregulated online gambling and sports betting sites like Bodog to Ontario residents.
Operated by Il Nido Inc., Bodog is an offshore operator actively targeting Ontarians by advertising on popular traditional and digital media platforms. Despite blocking players in Quebec and Nova Scotia from accessing their unregulated gambling and sports betting sites, Bodog continues to allow Ontarians to access these sites while advertising heavily on traditional and digital media platforms targeting Ontarians.
Under the Gaming Control Act, 1992, Bodog and other online gambling sites are required to register with the AGCO and sign an operating agreement with iGaming Ontario in order to operate in Ontario. Ontario’s regulated igaming framework requires operators to meet comprehensive requirements related to game integrity, player protection, anti-money laundering and information privacy. Bodog’s efforts to direct Ontarians to unregulated gambling undermine player protection and other safeguards which exist in the regulated market, as well as fair market principles.
By airing ads for Bodog and other unregulated operators, legitimate media platforms are providing a veneer of legitimacy to unregulated and high-risk sites and creating confusion for Ontarians. The AGCO is therefore calling on these platforms to take a stand against the promotion of unregulated online gambling sites and remove the ads. By doing so, broadcasters and digital media companies will help reduce the risks these sites pose to Ontarians and support the long-term sustainability of Ontario’s regulated igaming market – all key objectives of the AGCO.
The AGCO will continue to work with its partners – both in Ontario and internationally – to combat these unregulated sites and protect the public.
“The AGCO is committed to protecting Ontario players and ensuring they have the safest experience by playing on regulated igaming sites. By refusing to carry advertising from unregulated and high-risk operators like Bodog, media organizations can exemplify social responsibility and play an important role in protecting Ontarians and supporting Ontario’s regulated market.” – Dr. Karin Schnarr, Chief Executive Officer and Registrar, AGCO.
The post AGCO calls on media platforms to step up the fight against unregulated online gambling sites appeared first on Gaming and Gambling Industry in the Americas.
André Fufuca Brazil’s Minister of Sport
Brazilian Ministry of Sports and Sportradar Partner to Strengthen Integrity in Sports in Region
The Brazilian Ministry of Sports and Sportradar Group AG formalized a Technical Cooperation Agreement (ACT) focused on protecting the integrity of sports betting in the country. The partnership provides for the exchange of information related to the betting market and the implementation of joint initiatives to combat match-fixing.
Sportradar will provide specialized support to the Brazilian Ministry of Sports, including the reporting of potentially suspicious activity detected by its industry-leading Universal Fraud Detection System (UFDS). In addition, Sportradar will provide education and training for Ministry of Sports personnel and staff focused on best practices in monitoring, identifying and investigating suspicious activities. The first workshop will be held on May 15 and include the Brazilian Ministry of Finance, a recent partner with whom Sportradar also signed an ACT.
André Fufuca, Brazil’s Minister of Sport, said: “Today we signed a milestone agreement in the fight against match-fixing in Brazilian sports. Integrity must be a constant principle when it comes to transparency, ethics, and, above all, the fairness of sports results. With this agreement, we will have tools to curb this practice and ensure greater transparency in competitions. This way, athletes, clubs, organizations, fans, and the entire population will be able to trust the fairness of the outcomes and, in turn, have the confidence to unlock the full potential of Brazilian sports.”
Andreas Krannich, EVP, Integrity and Regulatory Services, Sportradar said: “Establishing this partnership with the Ministry of Sports is an important milestone in strengthening sports integrity in Brazil. As a global integrity leader, leveraging cutting-edge technology to prevent and combat match-fixing, we believe that protecting competitions requires coordinated action between the public and private sectors. Through this collaboration, Sportradar continues to reaffirm its commitment to a more transparent and safer sports environment for the athletes and all the stakeholders involved in Brazilian sport.
This ACT adds to Sportradar’s growing number of integrity services partnerships in Brazil that include recent agreements signed with the Goiás State Attorney’s Office, the Brazilian Volleyball Confederation (CBV) and the Brazilian Football Confederation (CBF), as well as existing relationships with soccer federations in 17 Brazilian states, creating a strong network focused on protecting the integrity of sport in the country.
The post Brazilian Ministry of Sports and Sportradar Partner to Strengthen Integrity in Sports in Region appeared first on Gaming and Gambling Industry in the Americas.
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