A recent evaluation of the Netherlands’ Remote Gambling Act (KOA) exposes major weaknesses in the legislation intended to protect consumers and vulnerable groups. Conducted by the Research Agency for Justice and Security and shared with the House of Representatives, the “WODC Report” reviews the KOA framework, which launched the Dutch online gambling market in October 2021.
After three years, the report concludes that KOA’s policy outcomes are mixed. While KOA aimed to create a safe, transparent, and accountable gambling environment, the legislation has only partially met its goals. On one hand, it provides a safer alternative to illegal gambling options. On the other, it falls short of promoting responsible gambling—a consequence the report attributes to KOA’s design, which does not intentionally discourage demand for online gambling.
The report sharply criticizes KOA’s “open mechanism,” which permits potentially unlimited operators in the market. This approach, while fostering competition, fails to prioritize safeguards for players. Compounding this issue, providers face financial pressures to retain customers, and some may deprioritize protective measures, ultimately endangering player welfare.
The “Normalisation” of Gambling and Rising Participation
The report raises concerns about the growing normalization of gambling, especially among young men under 24, who represent a significant portion of new participants. Since KOA’s launch, participation in online gambling has surged, with 70% of surveyed players stating they started online gambling after KOA went into effect. Furthermore, there’s been an 80% rise in active player accounts among young adults since the end of 2021.
However, KOA’s ambiguous standards around duty of care, consumer protection, and addiction prevention weaken its policy impact. The report calls out a conflict of interest: licensed operators aren’t necessarily the best parties to ensure responsible gambling, given their financial motivations. Standards on the duty of care are open-ended and interpreted inconsistently across providers. Providers offer information on game conditions, player balances, and terms, but often approach gambling limits with minimal restrictions. High-risk players especially find little protection through these measures.
Gaps in Enforcement and Supervision by KSA
The Dutch Gaming Authority (KSA), responsible for overseeing licensed providers, faces significant challenges in monitoring and enforcing KOA’s provisions. Privacy and legal limitations prevent the KSA from directly overseeing interactions between providers and players on licensed platforms, making it hard to hold providers accountable.
Enforcing a ban on illegal gambling is another obstacle. International providers often bypass Dutch laws, operating from jurisdictions with complex legal protections that limit the KSA’s enforcement capabilities. While KOA includes gambling limits to curb excessive use, these limits are ineffective when players can easily sidestep them by switching providers. Without a unified limit across all providers, high-risk players simply move from one platform to another, undercutting KOA’s intent to reduce excessive gambling.
To address these gaps, the report suggests introducing provider-transcending gambling limits. However, such a system doesn’t currently exist, placing a heavy reliance on individual self-regulation—a major challenge for players at higher risk of addiction.
The KSA also struggles to collaborate effectively with addiction experts, a barrier that limits the development of impactful addiction-prevention strategies. Some experts are reluctant to partner with gambling providers, citing conflicts of interest and concerns over genuine commitment to prevention. This separation weakens the effectiveness of current addiction prevention initiatives.
Recommendations for Stronger Protections and Reforms
To strengthen protections, the report offers several key recommendations: setting overarching gambling limits, tightening advertising restrictions, and increasing the KSA’s enforcement power, including authority to block unlicensed providers at the DNS level. It also suggests more structured partnerships between providers and addiction experts and making research data more accessible. These steps would help policymakers make evidence-based adjustments that better safeguard the public.
Future KOA Reforms and Government Response
Secretary of State for Legal Protection Teun Struycken has committed to exploring further ways to enhance the duty of care for license holders, either through policy adjustments or ministerial regulations. This exploration may revive discussions around banning online slot games, as Struycken considers restricting “high-risk games” within the current legal framework. Such a ban would particularly target “online gaming machines,” signaling a potential shift in KOA’s approach to riskier gambling options.