Hague Court Affirms Dutch Gaming Authority’s Right to Fine iGaming Operators

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The Hague District Court ruled last week that the Dutch Gaming Authority, Kansspelautoriteit, had imposed rightfully six-figure fines on iGaming operators that had violated the Netherlands’ gambling laws.

The ruling came in relation to hefty fines the gambling regulator had previously imposed on several gaming operators. In 2014, the ONISAC and Mansion Online Casino brands, both licensed in Gibraltar, were fined for a combined of €150,000.

In 2015, Kansspelautoriteit fined ComeOn Europe, an iGaming company based and licensed in Malta, to pay the amount of €180,000 for targeting Dutch players without being permitted to do so.

Reportedly, all involved operators have paid their respective fines. Nevertheless, they decided to bring the matter to the District Court of the Hague and hopefully win its favor.

On July 13, the court issued its ruling, arguing that the Dutch Gaming Authority had been right to penalize the violators, as the provision of online gambling in the country is prohibited, unless an operator holds a license from Kansspelautoriteit. However, the Netherlands’ current gambling regulatory framework does not include a licensing process for international operators.

Earlier this year, the Dutch Gaming Authority announced that it had imposed a €170,000 fine on Trustfulgames, owner of the Tiplix online gaming brand, for luring Dutch players to its iGaming premises.

The hefty penalty was the first one to come after the gambling regulator made it known late last year that it would adopt a heavier and more strict approach towards the provision of illegal online gambling services in the country. Kansspelautoriteit introduced a new code, under which violators of the Dutch gambling laws might be imposed up to €820,000 in fines.

In June, another manifestation of Kansspelautoriteit’s strategy to crack down on online gambling stirred confusion within the international iGaming community. The gambling regulator introduced a new set of regulations, under which operators and affiliates are not allowed to redirect Dutch players from .nl websites to .com ones and to use Dutch symbols to promote iGaming services, among other things. Operators may also be fined if they do not block local gambling customers. As it could be expected, a number of gaming brands closed their doors to Dutch players in the wake of the new regulations.

The Dutch government crafted a bill to regulate the local market and open it to international operators several years ago. The Lower House approved the legislative piece last summer and it was then referred to the Senate. However, no further action has been taken since then and there is no indication when the matter will be brought up for discussion.

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