NETHERLANDS Law and Practice Contributed by: Alan Littler, Justin Franssen and Chris Adriaansz, Franssen Tolboom
4.3 Types of Licences The licensing systems for land-based gambling ser- vices are set out in 2.2 Land-Based Gambling . Given the nature of the semi-permanent and permanent licensing regimes, only slot machines and charity lot- teries are explained further in this section. First, slot-machine operators can only operate machines for which a valid type approval has been granted. Secondly, operators must possess an exploi- tation licence from the NGA. Thirdly, slot-machine operators must obtain two licences from the relevant local municipality in relation to operating the machines and the premises in which the slot machines are to be located (exploitation licence and premises licence). Charity lottery licences can be divided into two cat- egories: non-incidental and incidental. Non-incidental lotteries are awarded for a period of more than six months and a maximum of five years. Incidental lot- teries are awarded for a period of six months and are allowed a maximum of 13 draws within that period. For both incidental and non-incidental charity lot- teries, 40% of revenue must go to good causes and operators are prohibited from generating private prof- it. Licences issued by the NGA are intended for lot- teries with prizes amounting to a total of more than EUR4,500. Licences for lotteries with prizes totalling an amount of EUR4,500 or less are awarded by local municipalities. Remote Gambling In accordance with the BGA, an applicant can apply for four categories: • casino games in which the players play against the licence holder (eg, blackjack, slots); • casino games in which the players play against one another (eg, poker); • bets on events occurring during a sporting contest or on the outcome of a sporting contest; and • bets on the outcome of horse racing and harness racing. The permitted remote gambling services outlined in 2.1 Online Gambling fall into one of the above cat- egories.
tions determines the priority of an investigation into a possible violation of the BGA. These triggers/questions are as follows. • How many Dutch players make use of the illegal offer? • How harmful is the illegal offer to the public objec- tives of the NGA? • Are there any illegal offers or other circumstances that could draw players away from the legal mar- ket? • To what extent does the illegal offer target Dutch consumers? This enforcement approach entered into effect on 1 November 2021 and affected some major operators that were (passively) available on the Dutch market. Under the old enforcement approach, some opera- tors sought to remain passively available on the Dutch market (eg, without targeting Dutch customers via advertising) up until the point that they obtained their Dutch licence. As of 1 November 2021, the old so-called prioritisation criteria no longer apply, and any fines levied under this regime are far higher than before. Enforcement Against Intermediaries As of 1 April 2021, intermediaries such as payment service providers (PSPs) and software providers clearly fall within the scope of the ban on promoting/ facilitating unlicensed games of chance (see 3.5 Key Offences ). The Dutch legislature prescribes the use of enforcement measures against intermediaries as an effective weapon in driving unlicensed B2C operators from the market. At the same time, the legislative history underpinning the remote gambling reforms of 2021 suggests that administrative fines will not be the first port of call against an intermediary. Nevertheless, the NGA will decide which enforcement measure it deems most appropriate, and in 2024 we may have seen the first signs of an increased focus on intermediaries. The measures available to the NGA are described in 11. Enforcement .
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