NETHERLANDS Law and Practice Contributed by: Alan Littler, Justin Franssen and Chris Adriaansz, Franssen Tolboom
Casinos Operators are also allowed to offer casino games in which: • the players play against the licence holder (eg, blackjack), including live casino games; and • the players play against one another, including live casino games (poker games fall within this cat- egory). Esports, Fantasy Sports and Virtual Sports Esports betting is allowed, in principle. However, this is subject to the condition that the underlying sporting contest be organised under the auspices of a rec- ognised (inter)national sports organisation. Until such time when esports governance reaches this stage, licensed operators must refrain from offering bets on such competitions. This remains unchanged in 2025. Fantasy sports betting is classed as sports betting and is thus permitted. At the same time, fantasy sports betting is only allowed if it is based on (ele- ments from) sporting contests that fit the definition of a sporting contest. Furthermore, the underlying sport- ing contests must be organised in accordance with the safeguards against match fixing. Bets on virtual sports are allowed when the outcome is determined by a random number generator. These bets are regulated as casino games, not as sports betting. Lotteries Holders of a remote gambling licence are not permit- ted to offer lotteries remotely. Charity lotteries may be offered online, without having an offline offer, but they are not regulated as remote gambling. Social Gaming Social games that do not include prizes or premiums are not considered to be games of chance and thus fall outside the scope of the Betting and Gambling Act (BGA). 2.2 Land-Based Gambling The land-based gambling market in the Netherlands consists of a mix of state-owned incumbents and private entities, and a multitude of licensing require-
remote gambling regime cannot be justified consider- ing several similarities in relation to the product offers and the legislator’s policy objectives. The decision of the district court is currently subject to a higher appeal. The outcome of this matter in higher appeal could impact the shelf life of all semi-perma- nent licensing regimes (instant lottery, the lotto, land- based sports betting, and land-based horse race bet- ting). Potentially, the final decisions could also impact the land-based casinos of Holland Casino. It is not yet clear when to expect the decision in higher appeal. Remote gambling offers without a Dutch licence are prohibited. This prohibition applies to all locally unli- censed offers, regardless of the licence an operator may have in another (EU/European Economic Area (EEA)) jurisdiction. Licensed operators are permitted to offer various forms of remote gambling, as per the four catego- ries explained in 4.3 Types of Licences . This section addresses how the regulatory regime shapes gam- bling offers pursuant to different product verticals. Betting (in General) Licensed operators are allowed to offer bets on: • the outcome of horse racing and harness racing; • the outcome of sporting contests; or • events that occur during sporting contests. 2. Jurisdictional Overview 2.1 Online Gambling However, bets on negative events or events that can be easily manipulated (eg, yellow/red cards) are pro- hibited. Betting on events other than those occurring during sporting contests is prohibited. Spread betting is also prohibited. Bingo Short-odds, high-tempo bingo games are licensable as casino games.
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