KSA Challenges Netherlands Ruling on Games of Chance

The Netherlands is not known as a country with liberal laws around games of chance however, recent years has seen a lot of action around the existing laws and the way they are being challenged specifically by the Gambling Authority, Kansspelautoriteit or KSA.  

 So, You Think You Can Gamble? 

In a nutshell, Netherlands gambling law takes a “prohibited unless licensed” approach. For the moment, you can gamble at the Holland Casino or play the Lottery, but that is pretty much it. 

Given that the Gaming Authority regulates casino games, poker, lotteries, bingo, sports and fantasy betting in both the land-based and digital formats, there are very few loopholes available for prospective vendors to offer games of chance within the country. 

 Harsh penalties 

As recently as September 2019, the KSA imposed a hefty fine of €400,000 on The Interactive Gaming Europe for offering its poker services to Dutch players online. According to the ruling made by The Netherlands Supreme Court made in 1998, only the Holland Casino is allowed to offer poker games for real money in their land-based establishment. 

As such, it is clear that the time for change is here so that the country can align itself to current markets and offer appropriate opportunities for residents to play games of chance in a safe and secure manner. 

 Market Vision for Games of Chance Consultation 

It is common knowledge that games of chance are risky. Aside from the potential loss of money, there is the additional risk factor of addiction which affects the lifestyles of families. This is why many countries take a conservative approach to the types of games permitted there. 

To date, the games of chance market is still regulated by the Games of Chance Act of 1964. Even though the Remote Gambling Act of 2019 is still under discussion, The Netherlands has seen very little real change for many years and this has left legislation lagging behind. 

After the government published a vision on games of chance which presented an opportunity for a more attractive and appropriate offering in 2011, the KSA was established to manage and regulate prospective changes in gaming legislation.  

Together with the Minister for Legal Protection, Sander Dekker, the KSA will not only reconsider the current position but also look at the games of chance policy in principle.  

Dekker has made huge strides in mitigating the risks involved when it comes to playing games of chance. Aside from strict regulations around advertising, operators are also required to employ staff who are trained to spot signs of gambling addiction. 

 Call to Action 

The Market Vision for Games of Chance document is freely available online and all comments or questions are invited for submission before 20 September 2020.