Posted on 5 November 2020 by Joris Crone
On 19 October 2020, the Netherlands Gambling Authority (‘’NGA’’ Kansspelautoriteit) published its draft Responsible Gambling policy rule (‘’RG policy rule’’). The NGA started a public consultation for this 32-page document.
The Remote Gambling Act (‘’RGA’’ Wet kansspelen op afstand) and the accompanying pieces of secondary legislation will impose stringent requirements regarding addiction prevention and advertising on both the remote gambling operators and the land-based operators. All operators that offer games of chance in the Netherlands must adhere to their duty of care. Following Article 4a of the Betting and Gambling Act, this means that they must prevent gambling addiction as much as possible and cannot encourage excessive participation through advertising and canvassing activities.
Currently, the Decree recruitment, advertising and addiction prevention and the Regulation recruitment, advertising and addiction prevention apply to the incumbents. These pieces of secondary legislation entered into force in 2013. The remote gambling regime (the RGA, the Remote Gambling Decree and the Remote Gambling Regulation) will greatly amend both the Advertising & Addiction Decree and Regulation. New provisions will be introduced (e.g. bonus cooldowns), applying to both land-based and remote operators.
Further details are published by the NGA in its RG policy rule. The NGA for example expands the conditions on which individuals can be considered addiction prevention experts and experience experts. Furthermore, the policy rule lays down details on the addiction prevention representative that needs to be appointed by future licence holders. The representative assists in developing and implementing the operator’s addiction prevention policy and he/she must be available in person to engage in conversation with the NGA and addiction care organizations.
Those wishing to respond to the consultation for the RG policy rule can do so until Friday 13 November, 18:00 CET. Consultation submissions must be submitted in Dutch to the email of the NGA: firstname.lastname@example.org. The NGA notes that, where possible, it will use the submissions in finalizing the policy rule.
The final version of the RG policy rule is expected in January 2021 (after the publication of the final version of the secondary legislation). This final version will replace the current Guidance on Duty of Care and Advertising Guidelines.
In case you have any questions regarding the above or about the upcoming licence application procedure for remote games of chance, please do not hesitate to contact us.
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