Kansspelautoriteit (financeKSA), the Netherlands Gambling Authority, has outlined the technical requirements for the new protective measures that will come into effect under the Remote Gambling Act (KOA Act) from 1 October.
As approved by the Kamer, from 1 October, all KOA licensees must implement the measures in the new protective scheme, which aims to reduce compulsive gambling among Dutch consumers.
The new rules will require Dutch online gambling operators to carry out mandatory checks on monthly deposit limits. Players over 25 will have a deposit limit of €350 per month, while players under 25 will be subject to a €150 limit.
The scheme sets a maximum deposit threshold of €700 for players over 25, and a €300 limit for those under 25.
To help licensees comply with these new rules, KSA has published a webpage answering “Frequently Asked Questions Responsible Gaming Policy 2024.”
KOA licensees have been reminded that if a player exceeds the net deposit limit when making a deposit, KSA expects the provider to block further deposits from that player for the rest of the calendar month.
Duty-of-care obligations mean operators must track customer deposits to ensure that mandatory checks are applied when deposits reach €350 and €150 per month, respectively.
For customers wishing to deposit more than €700, operators must carry out a full duty-of-care check on the customer’s financial well-being, exposure to harm, and whether they are gambling excessively. Operators may allow customers to wager above the deposit limit, but only if it is responsible within the duty-of-care framework and all other legal obligations are met.
The scheme allows customers to request a single deposit above the €700 threshold, which must be verified through a full duty-of-care check.
By setting deposit limits and controls, operators can decide whether the player should be permitted to wager above this limit.
Operators can limit a customer’s deposit and loss limit to €700 if they have concerns about the player’s behaviour or financial well-being.
KSA has clarified that providers are not required to investigate a player’s financial capacity themselves, but they must block deposits once the individual thresholds are reached.
Regarding concerns about whether an operator can investigate a customer’s financial well-being under GDPR rules, KSA responded that providers are responsible for processing player data and must decide how and which data to use when carrying out checks.
Operators should refer to the rules of the Dutch Data Protection Authority when assessing customers’ financial well-being.
On the issue of whether operators should consider prizes and winnings as funds for recreational use, KSA noted that operators must follow KOA rules. These rules indicate that if a player uses more than 30% of their liquid assets for gambling, or loses a large portion of a cash prize, it is a warning sign of excessive gambling.
KSA’s update also clarified that new pop-up warnings during games of chance should be used to alert customers about their behaviour and spending. However, these warnings should not be considered a substitute for proper duty-of-care checks.
The KSA emphasised the importance of robust duty-of-care monitoring. Operators must be able to recognise signs of excessive gambling or potential addiction as early as possible and take immediate action. Typically, online gambling providers can intervene quickly and automatically.
In the second half of the year, KSA, under its new Chairman Michel Groothuizen, will report to the Netherlands Ministry of Justice. In his first address as Chairman, Groothuizen supported the introduction of deposit limits as a necessary protection in the KOA market.
Groothuizen is in direct discussions with the new State Secretary, Teun Struycken, to grant KSA additional supervisory powers to tackle illegal gambling.
As he oversees the next phase of KOA changes, Groothuizen acknowledged the challenges in regulating online gambling. He aims to strengthen KSA’s collaboration with other Dutch authorities on healthcare and addiction to fully understand the impact of gambling harm and to design a comprehensive duty-of-care scheme for the market.