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What Do the Dutch Advertising Code for Online Games of Chance Amendments Entail?
By Shane Addinall Jul 04, 2023 LegalityWe take a look at the groundbreaking amendments made to the Dutch Advertising Code for Online Games of Chance. We investigate the intent of the updates, how it’s being implemented and the Gambling Authority’s plans for future revisions.The advent of July did not only see us cross the halfway mark of 2023, but also, the new Dutch online gambling advertising code came into effect. The new code is the result of an intensive review and revision process by the local trade associations Vergunde Nederlandse Online Kansspelaanbieders (VNLOK) and De Nederlandse Online Gambling Associatie (NOGA) with input from the Stichting Reclame Code (SRC).
The latest round of revision aims to further enhance the protection of youth, at-risk individuals, and the general public from gambling-related harms in the Netherlands. It is not seen as the sole solution to safer gambling but rather as an essential part of a much larger puzzle that ensures that all aspects of the Gambling Act work towards a single outcome.
The Advertising Code for Online Games of Chance
The updates to the national advertising code are to bring the code in line with the gambling authority’s demand for increased self-regulation tools and processes.
It achieves this by:
- Ensuring that players are aware of how to gamble responsibly.
- Outlining the content restrictions required of online casino advertising.
- Providing limited bonuses that promote responsible gambling.
To ensure that the community has a voice in creating a safe and transparent online gambling environment, the Gambling Authority encourages players to raise concerns with the Advertising Code Foundation, which has been tasked with addressing all valid concerns.
Latest Updates to the New Advertising Code
The amendments to the Advertising Code for Online Games of Chance were primarily motivated by the legal prohibition of untargeted advertising for online games of chance.
As a result, online gambling advertising will be significantly restricted to all above-the-line channels such as television, magazine, radio, and outdoor advertisements. Sponsorship opportunities are also subject to the ban, although existing contracts will be allowed to run until 1 July 2024 (for event and program sponsorship) and 1 July 2025 (for jersey and team sponsorships).
Online gambling advertising through social media, targeted ad networks, direct mailing, and on-demand television will be allowed under strict conditions. The revised code includes these restrictions and clarifies all existing legal requirements for player bonuses, safer gambling information, and online gambling advertising. The amended code outlines the plan for developing a new regulation, a process scheduled to begin in 2026.
What Protection is Afforded Dutch Players?
The full advertising code is a substantial document. Here are several vital parts of the advertising standard that are important for new and existing players to understand:
✓ General Requirements of the Code:
The amendments made to the Advertising Code for Online Games of Chance aim to achieve several important objectives. The code directs players to legal offers of games of chance, ensuring they enjoy safe, regulated gambling. It aims to help players avoid illegal offers to protect them from harmful and fraudulent operators.
It also emphasises the importance of restraint and promotes fair and responsible gaming. There is a strong focus on implementing and promoting safer gambling programs to educate and support players in making informed decisions about where and how to gamble online.
The latest amendments aim to discourage unsafe gaming that could lead to addictive behaviours, putting the well-being and safety of players above all else.
✓ Clear Statement of Risk:
Advertisements promoting online casinos and player bonuses must not state or imply that gambling solves emotional, financial, occupational, and other personal challenges. It may also not suggest that should a person gamble online, they become more attractive or will gain greater social acceptance.
Online casino advertisements may not downplay the risks associated with gambling and claim that there is no risk when playing online for real money.
✓ Ethical Principles Must Be Followed:
When a casino offers players promotions, it is deemed a form of advertising and falls within the purview of the Dutch Advertising Code. As such, the operator must ensure that all information and correspondence is clear and accurate – this includes bonus conditions, how to claim it, and its terms and conditions.
Bonuses may only be presented to existing customers of an online casino if they have expressed an interest in receiving promotional offers. Even with this in place, no bonuses may be offered while a user plays a game of chance.
No bonuses may be offered to young adult players.
✓ Protection of Vulnerable Groups:
The amendments to the code seek to further reduce the appeal of gambling ads to at-risk groups. To avoid appealing to youth and other vulnerable groups, ads must not use third-party targeting services, popular fictional figures, or real-life celebrities to endorse the offer.
This appeal limitation extends to using models and spokespeople under 25 and "youthful language" to appeal to a younger demographic.
✓ Honesty At All Times:
Promotions must “not, among other things, give an unrealistic or falsely positive image" of what online gambling entails. This includes not claiming offers are "free" when deposits are required, giving the impression that a prize is waiting to be claimed when none is, obfuscating that winning the prize involves gambling online, and that player skill can impact the outcome of games of chance.
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