Newsletter- KSA Chair endorses stricter deposit limits for licensed operators

Updated: Sep 9

2022 Gaming in Germany Conference announces agenda update

The 2022 Gaming in Germany Conference – which will take place September 19-20 at the Ritz-Carlton Berlin – has released an updated agenda.


A discussion panel featuring Benjamin Schwanke, Co-Chair of the GGL, René Jansen, Chair of the Netherlands Gambling Authority, and Birgitte Sand, Birgitte Sand & Associates, former Executive Director of the Danish Gambling Authority, promises to be an absolute highlight of the event.


Other notable speakers include: Nadja Wierzejewski, Dept Head Enforcement, GGL; Robert Müller-Oeltz, Advisor, Landesverwaltungsamt Sachsen-Anhalt; Prof. Dr. Christian Jahndorf, Partner, HLB Schumacher Hallermann; Ed Birkin, Senior Analyst, H2 Gambling Capital; and many more!


Check out the event's website or register today: https://bit.ly/3yWbvQS


Dutch trade associations NOGA and VNLOK say proposed gambling advertising restrictions “not legally tenable”

In July, the Dutch government announced new proposals to ban “untargeted” online gambling advertising from January 1, 2023, onward. The proposed ban includes broadcast, print, and internet advertising, and will eventually also include sports sponsorships.


A public consultation on the proposed rule change netted 31 responses. Responses were submitted by trade associations, as well as operators, affiliates, sports associations, and consumer organizations.


According to Dutch football association KNVB the proposals will cost Dutch football €70m in missed revenues. Trade association VAN Kansspelen argues that the proposed exception for land-based gambling is justified, while consumer organization Consumentenbond prefers a full gambling advertising ban instead.


Particularly noteworthy are the responses submitted by trade associations NOGA and VNLOK. Both responses contain legal analyses by law firms Brandeis and AKD, respectively, which claim that the proposed advertising restrictions would not be legally tenable.


According to the submitted legal analyses, the proposed advertising restrictions would lead to an inconsistent overall gambling policy, would undermine legal certainty, would institute preferential treatment of land-based operators, and, most of all, would require new primary legislation instead of the proposed change in secondary legislation.


Interestingly, several arguments – in particular those regarding the need for (proven) proportionality and new primary legislation – appear to mirror those found in an earlier analysis (2019) which had been commissioned by the Ministry of Justice from the Institute for Information Law (IViR) of the University of Amsterdam.


While gambling advertising restrictions – up to a full ban – are permissible under EU law, it does not seem likely that the current Dutch proposals would meet the necessary requirements.


Netherlands Gambling Authority issues cease-and-desist order to LCS Limited

The Netherlands Gambling Authority has imposed cease-and-desist orders on LCS Limited and M.K.C. Limited for illegally offering online games of chance in the Netherlands through the sons-of-slots.com and www.betworld247.com websites, respectively.


Should LCS fail to comply with the order, the operator will be hit with financial penalties of €55,000 per week, up to a total maximum penalty of €165,000. M.K.C. Limited will face potential financial penalties of €28,000 per week, up to a total maximum penalty of €84,000


During its investigations, the Dutch regulator found that players based in the Netherlands could open accounts and participate in unlicensed games of chance with both operators. The regulator also noted that between March 2021 and February 2022 the sons-of-slots.com website received 327,831 visits from the Netherlands, while the www.betworld247.com website received 376,595 visits between June 2021 and May 2022.


Netherlands-licensed online operators achieved €690m in revenues during first 9 months

In the first nine months after the regulated Dutch online market opened, licensed online operators paid almost €200m in gambling taxes, meaning that they collectively achieved revenues of €690m.


In addition to the 29% gambling tax rate, licensed operators are also liable for a 1.95% surcharge, which is used to fund both the Netherlands Gambling Authority (1.7%) and the Gambling Addiction Prevention Fund (0.25%). Based on the figures mentioned above, this means that the Dutch regulator will receive €11.7m in future funding, while the Gambling Addiction Prevention Fund will receive €1.7m.


LiveScore Group receives £50m investment from Swiss media company Ringier AG

LiveScore has signed a partnership to receive £50m ($57.5m) of investment from Zürich-based media and technology company Ringier AG


The investment will help accelerate LiveScore's global expansion plans for its brands LiveScore, LiveScore Bet, and Virgin Bet, the companies said in a joint press release.


LiveScore Bet was among the first operators to receive an online betting license in the Netherlands.


Belgium reduces maximum number of betting licenses

The Belgian Gambling Commission (GC), has announced that the maximum number of online sports betting licenses available in the country is being reduced to 30, down from 34 previously.


The new rules apply for the nine-year period from 31 July 2022 to 31 July 2031.

The rule change happens in the context of a general tightening of gaming laws in Belgium. From October 20, €200 weekly deposit limits for online gambling will be introduced for all players across all verticals.


In May, the Belgian government proposed a blanket ban on all forms of gambling advertising with the exception of the national lottery.


Upcoming events

  • Dutch game supplier Eurocoin Gaming will hold open house on September 27-28 in Waalwijk.

  • The theme of Kindred's 2022 Sustainable Gambling Conference, which is scheduled to take place October 19 in Amsterdam, is “Safer gambling: An honest conversation”.

Netherlands Gambling Authority Chair endorses stricter deposit limits for licensed operators

Speaking at conference of the European Association for the Study of Gambling (EASG), Netherlands Gambling Authority chair René Jansen endorsed the idea of mandatory deposit limits.


Additional details were made available through a personal blog post by the KSA's chair:

“I therefore advocate for the introduction of tighter limits on gambling behavior by means of a mandatory deposit limit prescribed by the government. [...] Setting a suitable maximum limit is tricky, however, as we don't want illegal operators to benefit from overly tight restrictions that only apply to the regulated market. For this reason, it should also be possible for players to deviate from the mandatory limit if they can demonstrate having sufficient resources.”

Jansen's remarks follow an earlier announcement by Minister for Legal Protection, Franc Weerwind that the government is looking to overhaul the current scheme for deposit limits.


At the time, Weerwind said that the government is currently investigating two options: 1) add a legal maximum to the current per-operator deposit limits; 2) introduce a single deposit limit across all operators.