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The Netherlands – Kansspelautoriteit given new powers to prosecute

By - 21 July 2017

Legislators in the Netherlands have given its gaming regulator, Kansspelautoriteit (KSA), new powers to ‘levy massive fines on foreign online gambling providers offering their products and services to players in the country without a local license.’

The court in The Hague ruled that the Dutch Chancellor Authority was right to impose fines on online gaming providers. Online gaming is forbidden in the Netherlands.

The ruling followed a case involving Co-Gaming Limited (formerly Come On), based in Malta, and Onisac Limited and Mansion Online Casino Limited, both based in Gibraltar. Co-Gaming’s fines in the Netherlands reached €180,000 whilst Mansion and ONISAC accumulated fines of around €150,000 in 2014.
Having paid their fines, the operators all chose to take the cases to the District Court in the Hague to be appealed.

The court ruled that the offer of gambling is prohibited online and that the Chancellor Authority is competent to act against it.

Kansspelautoriteit stated: “This ban and enforcement policy of the Chancellor Authority is in line with the law of the European Union. The court further reiterates that the Council of State has previously ruled that the priority policy is not unreasonable, since in particular Dutch-based providers can cause damage to Dutch consumers. Under the current law, the Chancellor Authority does not authorize online offers because the law now does not provide for the possibility.”

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