Dutch Gaming Authority Implements Stricter Fine Policy
Stricter Fines and Turnover-Linked Penalties
The fine structure is categorized into five levels, with standard fines starting at €500 and reaching up to €2 million for the most serious breaches. In severe cases, fines are linked to the offender’s gross turnover, amounting to 3%, to ensure significant financial impact and effectiveness.
Additionally, violations tied to financial gains, such as breaches of the Money Laundering and Terrorist Financing (Prevention) Act (Wwft), can incur fines as high as double the benefit obtained.
To determine fine amounts, the KSA has implemented a detailed step-by-step process. This considers the severity of the violation, its impact, and the offender’s culpability, which is assessed based on their level of responsibility.
Larger operators may face higher fines, proportional to their turnover, while repeat offences could result in penalties doubling. Adjustments of up to 50% may be applied depending on mitigating circumstances, and final amounts are rounded according to predefined rules.
Increased Professionalism and Clarity
KSA chair Michel Groothuizen stated: “The KSA is becoming increasingly professional as an organisation.” He highlighted that since the opening of the online gambling market in 2021, the authority has gathered sufficient experience to create a well-structured fine policy.
“This creates clarity for the parties under our supervision and hopefully motivates them even more to avoid fines”, he added.
The revised policy introduces a standardized framework for most violations, while existing systems for specific sectors like illegal online gambling and gaming terminals remain unchanged. This move addresses longstanding industry concerns about the fairness and consistency of the KSA’s approach to fines.
With its clear structure and focus on proportionality, the new policy aims to promote fair play and compliance across the Dutch gambling sector. The KSA expects it to act as a strong deterrent, motivating operators to adhere strictly to regulations.