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The Netherlands –Minister says at least July 2018 before Dutch online market opens

By - 20 June 2017

At this year’s Gaming in Holland Conference, Dutch Ministers spoke of the ‘complexity of the political process’ and the ‘tough journey’ ahead before The Netherlands’ Remote Gaming Bill will be passed into law.

Dutch Ministry of Security and Justice officials, speaking at the event, took place on June 13 to 14 at De Hallen Studios in the Dutch capital Amsterdam, didn’t believe the law was likely to be approved for at least another year.

Ministry of Security and Justice Executive Dennis van Breemen, whose job is to oversee gaming policy modernisation at the Ministry, conceded that approval of the bill in the Senate is far from a foregone conclusion. He spoke of the ‘complexity of the political process’ and the ‘tough journey’ that lies ahead.

He said that one of the tallest hurdles remains the lack of government agreement with the “Motie Bouwmeester,” a Lower House motion adopted in 2011 that would ban online operators serving Dutch customers in violation with current legislation from being able to get a remote license.
He believes the Senate will discuss the remote gaming bill in October, which would mean that the Dutch online market could open in July 2018 at the very earliest. Mr. Van Breemen said he was ‘not optimistic’ that this ‘tight schedule’ could be met.

Secondary legislation to accompany the remote gaming bill is though currently being pieced together.
It outlines that operators will be allowed to offer the most common games: slots, casino table games, poker, betting. Spread betting or betting on lotteries, however, will not be allowed. In the case of slots or related games, there must be a minimum of three seconds between the end of a game and the start of the next one.

Operators will need to develop and actively maintain a responsible gaming policy. Operators are expected to monitor player behaviour and intervene appropriately with automated warnings or through personal contact (phone, email), depending on player behaviour in relation to the individual player profile.

Another focus at the conference was the new set of rules introduced by the Dutch Gaming Authority, Kansspelautoriteit in late May.

This crackdown on Dutch-facing websites has seen operators and their affiliates banned from using the .nl extension to direct players to .com sites, banned from using any traditionally Dutch symbols and banned from using the Dutch language. It saw a wave of online companies leave The Netherlands.

Netherlands Gaming Authority CEO Marja Appelman said; “We have always been clear that all unlicensed offerings targeted at Dutch consumers are illegal. Operators have adjusted their websites to make them more difficult to find or have withdrawn completely. The Dutch consumer is unable to separate the legal from the illegal provider. Especially when a provider calls himself ‘the best online casino of the Netherlands’ or refers to typical Dutch symbols like ‘the Tulip bonus’. Moreover, the Dutch consumer is led to believe he is dealing with a legal operator when he is able to pay with a typical Dutch online payment method. So, the Gaming Authority sees a lot of operators acting to the letter of the law – in this case the letter of the priority criteria – but not its spirit. They are still trying to target the Dutch market and that does not show trustworthiness or respect. A good reputation of the gambling industry is of a common interest.

“The Gaming Authority also sees that some online operators have been compliant and have acted to the letter and the spirit of the criteria,” she added. “This deserves much praise. They are just as interested in acquiring access to the Dutch market, however they understand that ignoring the law or the wellbeing of consumers would not serve them or the industry in the future. These are our true allies. They understand that quick gains are not a business model. The Gaming Authority is not suggesting that all online operators are cowboys and villains. We have not changed our enforcement policy and we have not changed the priority criteria. Many of us are looking forward to reach the milestone of the bill for remote gambling. But we have to be patient and let Parliament do its job.”

Maarten Haijer, Secretary General of the European Gaming and Betting Association (EGBA) slammed the new laws later on in a panel debate, saying they weren’t compliant with EU law.
“You cannot legally enforce a law that is not EU compliant,” Mr. Haijer said.

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