The Netherlands moves gambling law

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Peter Brandt January 25, 2021

The online gambling law planned in the Netherlands for March 1, 2021 will be postponed again. As the Law Minister Sander Dekker announced in a letter to the second chamber of the parliament, the new law with the name “Wet Kanspelen op afstand” will probably only come into force on April 1, 2021. Operators of online casinos and gambling platforms on the Internet can apply for the first licenses that are to be granted from October 1, 2021.

The EU Commission had pointed out the Netherlands that the planned online gambling law violated European law. ((© Dimitrisvetsikas1969/Pixabay)

Integration into EU law

According to the official announcement by Sander Dekker, the online gambling law already adopted was postponed for a month to the rear due to certain changes. Although some of the points discussed had already been adapted to mutually, a shift was unavoidable until April 1, 2021. The Minister of Legal Protection indicated that the main criterion for the temporal transfer of the Context of European law be. As a member of the European Union, the Dutch government is bound to involve the national gambling law in accordance with the law into EU law.

In its current form, the Dutch online gambling law would not be in any consensual relationship to EU law. Similar to USA, the government of the Netherlands has been trying to meet the claims of the State Association in terms of gambling. In the Federal Republic one seems to be with the new Gambling State Treaty finally to have come to a common denominator. In this regard, it falls into the area of responsibility of the individual member states to properly embed national laws to legalize and regulate gambling in the overarching EU law.

To date, there is an imbalance between the countries and the EU when it comes to gambling, which has repeatedly Internal conflicts has taken care of. In his open letter, Dekker calls for further disputes in this area, a stronger cooperation between the gambling views of the respective countries. The Minister of Legal Protection also took on the national “Kanspelautoriteit (KSA)”, which from June 2021 even the chair of the European Forums of Gambling Regulator (GREF) should take over.

Gaming authority (KSA). The Dutch gambling supervisory authority was launched on April 1, 2012 and serves both as an independent body and as a regulatory authority for all types of gambling in the European part of the Netherlands. She receives her powers from the leading board of directors and internal management team. The KSA has set itself the task of protecting and informing the players in the industry, counteracting illegal and criminal practices and taking preventive action against gambling addiction.

Exchange between EU countries

For the stronger cooperation between the individual EU countries, some measures have already been initiated, which are also to be recorded in the new legislation for the Dutch online gambling. According to Dekker, there is a Intensive exchange of information between the KSA and foreign gaming regulators. This enables improved cross-border supervision that can also be used to impose fines from other EU countries. At the same time, better gambling addiction prevention could be operated in this way.

According to the Legal Protection Minister, the gaming authorities received valuable information through the collective cooperation with which the offer on the Internet could be much better over. Providers who would offer their gambling without valid license in the Netherlands could be tracked down and caught faster. Conversely, the other countries would also benefit from it, there More trust in the industry would be created.

Legalization in USA & Netherlands. If the Netherlands comply with the current schedule for the national online gambling change for the national online gambling, the legalization of the industry could take place at the same time as the American market. However, some obstacles in this country would have to be overcome, since the new state agreement still has to be ratified in the parliaments of the individual federal states.

Central register remains unchanged

Another point of dispute in the amendment to the online gambling law was the planned central register that was on the Dutch gambling market for More transparency and player protection should worry. As can be seen from the letter from the Minister of Law, not all industry players seem to be convinced of the idea of such a central database. The industry association of slot machine operators (van) is said to have made an application to be excluded from the obligation to join. However, this concern was rejected.

The van had supported his application to argue that the technical effort was in no relation to the potential benefit. At the same time, the number of visitors is not an indication of whether consumers would actually show a striking game behavior. A diagnosis of gambling addiction is actually not verifiable. Lasting ends would only join the slot machine operator Unnecessary resources cost. In the last section of his letter, however, Dekker explained that the number of visitors and freightedness for legislation is important indicators and that would have to be registered for this reason.