Last week, the Dutch Ministry of Justice and Safety released the final drafts of the Remote Gambling Decree (Besluit Kansspelen op Afstand) and Remote Gambling Regulation/Order (Regeling Kansspelen op Afstand). These final drafts have also been submitted to the advisory divison of the Dutch Council of State (Raad van State). The Raad van State will provide legislative advice on the proposed lower legislation. If both drafts survive this advisory round without any substantial objections, in principle the drafts should be ready for finalization. The Ministry has also notified the drafts with the European Commission (link included for the Decree here, including a Dutch translation of the Remote Gambling Decree, and here for the Remote Gambling Regulation).

Amendments to new drafts

The Remote Gambling Decree does not contain any substantial differences, compared to the previous version (on which we reported here). The Remote Gaming Regulation includes more amendments, such in line with the parliamentary debates and following public internet consultation. The most notable changes are:

• Licence fees
  • The licence application has been set at EUR 48,000 instead of EUR 45,000
  • Changes to a licence vary from EUR 500 for minor changes, to EUR 8,000 for more substantial changes
• It is clarified that remote gambling offering that comes down to a remote lottery, is not eligible for a remote gambling licence
• Additional requirements regarding the random number generator are included
  • The generator may not be susceptible to manipulation
  • The results of the generator are independent
  • The generator have to be certified
• Live casino games – additional requirements introduced inter alia
  • Players must participate through a live video feed
  • The course of play and players’ behavior must be monitored and registered through video
  • Only qualified personnel may be involved in the organization of live casino games
• Auto-play for all casino games is prohibited
• Management and separation of players’ funds/credits
  • Additional requirements are provided for if the Licensee chooses an independent entity (e.g. a stichting) to manage player funds.
  • It is however not required to use such an independent entity, so other methods remain available
• Control Database:
  • it is clarified that the control database may only be placed in an environment that enforcement officials can directly physically access, without any restrictions.
• Prohibition of advertising by professional athletes and other role models – clarification of the previous regulations
  • Licensees shall not employ professional athletes or a team existing of professional athletes for the purpose of advertising, however this does not apply to the sponsoring of individual athletes or teams of athletes (i.e. appearance in ads is not allowed, but shirt sponsoring would be allowed).
  • Licensees shall not employ other role models/influencers that (for this category shirt sponsoring is not allowed):
    • Are younger than 25 years;
    • Have substantial reach under minors or young adults (18-24 year olds)
• Bonus policy after interventions: the regulations on not awarding bonusses to players after an intervention have been clarified.
• Evidence of compliance with responsible gaming policy
  • Certificates or other means of evidence must be awarded to those who participate in responsible gaming courses
  • For key personnel, such evidence comprises a report that has to be sent every year to the regulator, in accordance with rules to be set by the regulator
• Reliability of operators and key personnel
  • Additional clarifications regarding domestic and foreign prior criminal investigations and/or convictions are included in the new draft
  • These elements will be taken into consideration when determining whether (key personnel of) the applicant meets the reliability test, required for obtaining a remote gambling licence.

New delay possibly confirmed

As expected, the Ministry has confirmed that it is very likely that a delay of the envisaged date of entry into force (1 January 2021) will occur; the Ministry announced that a new date of entry into force will be announced as soon as possible. Our expectations are that there will be a delay of three months.

Please feel free to reach out to us should you have any questions regarding the above or wish to prepare for the application for a remote gambling licence in the Netherlands.

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