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Endorhina’s Head of Legal reports on the Netherlands’ new gambling law

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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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VGCCC: Footy Legends Team Up to Champion Limit Setting

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Aussie Rules football legend Sam Docherty and rugby league superstar Cameron Munster are teaming up for Gambling Harm Awareness Week to encourage people to set limits before they bet.

Both footballers use practical tools when they gamble and are sharing their advice with others, particularly males aged 18–34 who are the biggest users of wagering and sports gambling products.

“I’m committed to raising awareness and encouraging safer gambling habits. I know from experience the highs and lows that can come with gambling. Now, I want to focus on supporting change so that gambling harm can be minimised.

“In the last few years, I have grown immensely as a person and by setting limits, I’ve had the occasional gamble but have been able to focus on what matters most,” Munster said.

Sam Docherty said: “I’ve had my struggles with gambling in the past and now I set a weekly deposit limit. I’ve found it really helps keep my gambling activity in check. People struggling with gambling harm can feel stuck and alone because of feelings like shame and guilt – and I want them to know that it’s okay to seek help.

“It’s important that people, especially young guys, think about their actions before they place a bet. I wouldn’t take to the field without warming up and making sure my body was match fit. Setting a limit is the same. It will help protect you.

Victorian Gambling and Casino Control Commission (VGCCC) CEO, Suzy Neilan said safety should be front of mind as the state’s sporting calendar ramps up.

“There is always a spike in wagering and sports gambling at this time of year, which is why it’s crucial we reach people that are statistically at greater risk of experiencing gambling harm.

“This is about safety. Setting a limit is like putting on a seatbelt as soon as you get in the car. Limits can reduce the likelihood of you experiencing gambling harm.”

Victorians spend more than $7 billion a year on gambling, including approximately $2.5 billion on wagering and sports betting products.

Gambling Harm Awareness Week is an annual event that encourages people to understand the risks of gambling. The 2025 campaign “Set before you bet” focuses on how setting limits can reduce someone’s risk of experiencing gambling harm. Protective behaviours that can be used include:

• Gamble no more than 2% of take home pay.

• Gamble no more than once a week.

• Gamble on no more than 2 different products.

“Sam and Cameron have unique experiences with gambling, and I commend them for implementing their own strategies, including setting limits when they gamble.

“What’s more, it’s great that these role models are now sharing their lessons and advice with other young men who are the cohort most at risk from experiencing gambling harm from sports betting,” Ms Neilan said.

The VGCCC has released findings from the annual Community Attitudes Survey, which asked more than 3000 Victorians about their views on gambling. The survey shows that most Victorians overwhelmingly agree gambling is addictive and can damage families and communities.

“With the widespread popularity of sports betting, it is so important for people to understand our Gambling Harm Awareness Week message and set limits before they bet,” Ms Neilan said.

“Gambling is a personal choice, and it’s vital that people are equipped with the knowledge and practical tools to manage their activity and participate safely.

‘The gambling industry must act with integrity, comply with their licence conditions and Code of Conduct obligations, and care for their customers who may be showing signs of gambling harm.”

The post VGCCC: Footy Legends Team Up to Champion Limit Setting appeared first on European Gaming Industry News.

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Compliance Updates

Kansspelautoriteit Sees Increasing Risk Analyses of Sports Betting

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The Netherlands Gambling Authority (KSA) has conducted research into the risk analyses that online gambling providers must conduct regarding their sports betting offerings. The study examined the implementation of the identification, analysis and evaluation of risks to the integrity of the relevant matches at four providers. Based on this risk analysis, providers must identify and mitigate match-fixing risks.

Following reports to the Sports Betting Intelligence Unit (SBIU), an investigation has been launched into a possible match-fixing. By examining the providers’ risk analyses, it will become clear whether providers have their analyses properly in place and are adequately assessing, assessing and ultimately mitigating the risks. While the KSA sees room for improvement in areas such as the specification of certain risks, the measures taken and the implementation of the reporting obligation, it is generally positive about the implementation of the providers’ risk analyses. This represents an upward trend compared to a year ago. The KSA continues to randomly audit risk analyses.

Source: kansspelautoriteit.nl

The post Kansspelautoriteit Sees Increasing Risk Analyses of Sports Betting appeared first on European Gaming Industry News.

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Compliance Updates

EGBA Launches Pledge on Responsible Influencer Marketing

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The European Gaming and Betting Association (EGBA) announced a new comprehensive pledge establishing standards for responsible influencer marketing across Europe’s gambling sector, reinforcing its commitment to promote best practices in responsible advertising and consumer protection throughout the EU.

The Pledge on Responsible Influencer Marketing in Online Gambling was developed in collaboration with the European Advertising Standards Alliance (EASA) and is the first industry-wide set of influencer marketing standards in Europe’s gambling sector. It represents a significant step forward in addressing the fast-paced evolution of online marketing, particularly the growing use of influencers in the gambling industry.

Building on EGBA’s pioneering Code of Conduct on responsible advertising for online gambling (EGBA Code), the pledge sets out additional standards for all influencer marketing content produced on behalf of EGBA members.

A Comprehensive Framework for Responsible Influencer Marketing

The pledge establishes three core pillars designed to ensure the highest standards of consumer protection:

• Enhanced Advertising Standards: The pledge introduces rules and guidelines on enhanced transparency and age-gating mechanisms to prevent minors from accessing influencer marketing content for online gambling. It builds on the EGBA Code’s prohibition of gambling marketing content appealing to minors by introducing content moderation requirements and audience demographic checks.

• Influencer Selection Criteria: EGBA members commit to working exclusively with influencers who have been screened for responsible marketing conduct and who abide by all applicable advertising standards and legislation. EGBA members encourage the use of training programmes to ensure the influencers they work with remain on top of the latest regulatory and self-regulatory developments for advertising.

• Independent Monitoring and Compliance: EGBA members commit to regularly monitor their influencer marketing content by independent entities, and to promptly remove any content that is non-compliant with the pledge.

The pledge applies to all forms of influencer content, including live streams, stories, posts, videos and any digital content formats.

“As the online advertising landscape continues to evolve, we’re proud to lead the industry with the first comprehensive standards for influencer marketing in Europe’s gambling sector. This pledge demonstrates our members’ commitment to responsible advertising and willingness to go beyond regulatory requirements to ensure the highest standards of transparency and minor protection in their influencer partnerships,” said Maarten Haijer, Secretary General of EGBA.

EGBA members represent leading online gambling operators who are licensed and regulated within the EU. The association has been at the forefront of establishing responsible advertising standards across the industry, with the EGBA Code serving as the first pan-European framework for responsible advertising in Europe’s online gambling sector.

The new influencer marketing pledge will be implemented through EGBA members’ marketing practices, with active engagement with influencers to promote awareness of these enhanced standards.

The post EGBA Launches Pledge on Responsible Influencer Marketing appeared first on European Gaming Industry News.

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