Orange overhaul: a Dutch state of play

When drafting the Remote Gambling Act to regulate online gambling in the Netherlands, it was agreed that the law would be evaluated after three years. Typically, laws in the Netherlands are reviewed after five years, but with the risks of gambling addiction in mind, it was decided that the law should be reviewed two years earlier.

This evaluation was published in early November 2024 and was something we were waiting for at CasinoNieuws.nl. It’s a nearly 200-page document filled with critical notes and numerous concrete recommendations for the industry and policymakers.

The researchers who evaluated the law began with a series of caveats. They emphasised that an impact assessment after three years is not entirely feasible, as the consequences of excessive gambling only become apparent much later.

Moreover, an accurate baseline measurement could not be made, making comparisons difficult.

Finally, the researchers noted that various policy changes had been made since the gambling market opened, such as the advertisement ban on role models from June 2022, the prohibition on untargeted advertising from July 2023, and the introduction of play limits from October 2024. This complicates an evaluation of the law itself, as significant amendments to the text occurred in the interim.

Despite these considerations, the researchers still identified a series of pain points and recommendations. The core issue lies in a fundamental flaw in the law that has created a much larger problem. The law stipulates that the duty of care for players lies with the gambling sites themselves, and the researchers labelled this provision as naive and criticised how operators have interpreted it. The lack of precise definitions of what the duty entails and how it should be fulfilled has led operators to employ widely varying approaches.

The researchers recommend that experts be tasked with improving this duty of care. A normative approach, where the Gaming Authority defines more precisely what is and isn't allowed, seems to be the path for policymakers overseeing the Dutch gambling market.

Increase in gambling tax

The PVV emerged as the major winner of the House of Representatives elections on 22 November 2023. With the political parties VVD, NSC, and BBB, PVV formed the Schoof cabinet, which took office on 2 July 2024. In the budget statement of this most right-wing government in the Netherlands since World War Two, the cabinet announced that as of 1 January 2025, the gambling tax would increase from 30.5% to 34.2%. A year from now, in January 2026, this is expected to rise to 37.8%.

Industry associations VAN Kansspelen (land-based), NOGA and VNLOK (online) have spoken out against this increase in gambling tax. They predict channelisation could be compromised as the higher tax makes legal offerings less attractive.

Major brands absent

Before legalisation, the Dutch market was dominated by Unibet, PokerStars and Bwin. Earlier, Oranje Casino and Kroon Casino were the leading brands. Unibet returned after regulation, but the other major international gambling companies walked a different path.

PokerStars' parent company, Flutter, did apply for a licence but later withdrew its application. The company did not publicly disclose why the application was withdrawn, but it is evident that the application process was more challenging than anticipated. It is unknown whether technical difficulty (the required database connection) or compliance (the stringent requirements set by the Gaming Authority for all directors involved with a licence holder) was the primary issue in obtaining the licence.

Bwin did not return as a brand to the Dutch market either. However, Bwin’s parent company Entain purchased BetCity, which had taken off quickly, thereby maintaining its presence in the Dutch market.

Betsson bought Kroon Casino and Oranje Casino in 2014 with grand plans for the Dutch market. These familiar names were expected to make a comeback, but Betsson was not among the initial group of licensees, and the desired licence remained elusive. At the beginning of 2024, Betsson acquired the small Dutch online casino Goldrun Casino. This acquisition is still awaiting approval from the Dutch gambling regulator.

Strong opposition to gambling

Christian parties in the Netherlands have traditionally been categorically opposed to gambling. They have consistently spoken out against online gambling regulation and have maintained their resistance since the system was implemented in 2021.

Mirjam Bikker, the leader of the Christian Union, is the most vocal opponent of online gambling in the Netherlands, along with SP Member of Parliament Michiel van Nispen. Bikker and Van Nispen have filed dozens of motions to restrict the online gambling market. A lot of these motions were passed and implemented.

Bikker and Van Nispen were also the driving forces behind a motion to ban all online gambling advertisements. Additionally, they initiated a motion to ban “very high-risk” games of chance. These motions found enough support in the House of Representatives, but their implementation seems unlikely as they conflict with the core Dutch gambling policy.

Administration

Previously, the Minister for Legal Protection was responsible for the gambling dossier. Under the new cabinet, this ministerial post was abolished, and the State Secretary for Legal Protection now oversees gambling. The previous minister (Minister Franc Weerwind) and the current state secretary (State Secretary Teun Struycken) fall under the Ministry of Justice and Security.

The Gaming Authority (Kansspelautoriteit, or KSA) is the regulator for online gambling in the Netherlands and employs about 150 people. The KSA grants licenses and acts against illegal online casinos.

Shortly after his appointment this year, the KSA’s new chairman, Michel Groothuizen, expressed the need for better tools to carry out his duties effectively.

He wants the KSA to be able to use fake IDs. Currently, the KSA cannot log in to licensees' systems and cannot observe how operators function post-login. Groothuizen also wants the KSA to have the authority to shut down the websites of illegal casinos (and sites advertising these illegal gambling platforms), like his colleagues at the Kansspelcommissie in Belgium.

Playing limits

On 1 October 2024, several new elements were introduced to Dutch gambling legislation.

• There is a net deposit limit of €700 (£583/$737) per month (€300 for young adults aged 18 to 24). If you want to deposit more than this in a calendar month, you must demonstrate that you can afford it.
• The provider must contact gamblers who set a deposit limit of €350 or more (€150 for young adults aged 18 to 24) via email or chat. During the conversation, the gambler must confirm that they are aware of the risks of gambling and show that they can withstand losing money.

The online gaming market continues to grow in the Netherlands. Thus, despite restrictions on legal providers, the market remains interesting for gambling companies to focus on. The Dutch appear to have a penchant for gambling, a hunger that will not soon be satisfied.