Date: 19.08.2024

by Adam Dworak

The Netherlands Introduces Stricter Gambling Measures to Protect Consumers

Starting October 1, the Netherlands Gambling Authority (Kansspelautoriteit, KSA) will implement new protective measures under the Remote Gambling Act (KOA) aimed at curbing compulsive gambling through stricter deposit limits and enhanced duty-of-care requirements.

Key Regulations Targeting Deposit Limits

From October 1, all licensed online gambling operators in the Netherlands must follow new regulations focused on deposit limits to protect players from gambling addiction.

For players over the age of 25, operators will need to enforce a €350 limit for monthly deposits, while those under 25 will face a stricter €150 limit.

In addition, there will be a maximum allowable deposit of €700 for those over 25, and €300 for younger players.

These measures are designed to limit excessive gambling and require operators to block further deposits if players exceed these thresholds during a calendar month. This approach aligns with the broader objectives of the KOA Act to promote responsible gambling across the country.

New Duty-of-Care Obligations for Operators

Under the updated regulations, gambling operators will need to implement more comprehensive duty-of-care checks when players attempt to deposit more than €700 in a single month.

This involves assessing the player’s financial situation, risk of gambling addiction, and general well-being. If a player’s gambling habits raise concerns, operators are required to limit the player’s deposits and losses accordingly.

Importantly, while operators must monitor deposits closely, they are not required to investigate the financial background of players themselves.

However, they are obligated to follow GDPR guidelines and adhere to data protection rules when applying these checks. Operators are also required to intervene quickly if signs of excessive gambling are detected.

Managing Winnings and Player Funds

The KSA clarified that operators must monitor how players use their winnings to ensure responsible gambling. If a player uses more than 30% of their liquid assets or loses a significant portion of a large win, this could be considered a warning sign of risky gambling behavior. These situations call for further monitoring and potential intervention.

New Pop-Up Warnings and Enhanced Monitoring

As part of the new protective measures, KSA is mandating the use of pop-up warnings during gameplay to alert players about their spending and gambling habits.

These pop-ups are an additional tool to promote responsible behavior, though they are not considered part of an operator’s duty-of-care obligations.

Operators will also need to enhance their real-time monitoring of player behavior.

The KSA emphasizes the importance of quickly identifying and addressing signs of excessive gambling or addiction, with interventions being possible almost immediately in online environments.

Broader Regulatory Focus and New Leadership

Michel Groothuizen, the new chairman of the KSA, has voiced support for these new regulations, particularly the introduction of deposit limits.

He views these limits as a critical component of protecting the Dutch online gambling market and reducing the risks associated with gambling addiction.

Groothuizen is working closely with the Netherlands Ministry of Justice and state secretary Teun Struycken to grant KSA additional supervisory powers, with a focus on eliminating illegal gambling activities.

Under his leadership, the KSA plans to strengthen cooperation with healthcare and addiction services to develop a more comprehensive framework for gambling harm prevention in the Netherlands.