New Dutch Games of Chance Authority: More Supervision of Games of Chance
At the end of December 2011 the Dutch Senate approved the
introduction of the new Games of Chance Authority
(Kansspelautoriteit (”KSA”)). The KSA will replace the
Netherlands Gaming Control Board. As of 1 April 2012 the new
authority, officiating at The Hague, will start its activities. An
important task will be the issuing of new licenses for games of
chance. State Secretary Teeven has recognized in the memorandum of
reply (TK 2011-2012, 32 264, no. A) “that there are rulings
demanding the introduction of a transparent procurement
procedure.”
Betfair
The State Secretary is presumably referring to the
judgment of the Administrative Law Judicial Division of the Council
of State of 23 March 2011 in an appeal brought by Betfair (JB
2011/131). In this judgment, the Division has cautioned the
Minister of Justice because of the non-transparent manner in which
the license was granted to, inter alia, De Lotto. We expect
that with the introduction of the KSA the enforcement of the
Betting and Gaming Act will obtain more attention. For instance,
the KSA has the authority to impose administrative penalties for
violations up to an amount of €780,000, or if this amount is
higher, up to 10% of the turnover of the past financial
year.
Small-Scale Poker Games and Online Games of Chance
In the memorandum of reply the State Secretary has announced
that small-scale poker games on a local level shall be authorised.
Also, licenses to offer games of chance on the Internet will be
introduced. To this end, a bill will be submitted this year. Rules
will be set for the registration and identification of players in
order to prevent games of chance from being offered via the
Internet to persons under the age of 18 or to persons with
addiction problems. The providers must monitor and analyse the
gaming behaviour and interfere in the event of risky gaming
behaviour, says the State Secretary. In order for these rules to be
elaborated, the bill must be awaited. Therefore, the market
participants must have some patience before the substantiation will
be available in the bill. Meanwhile, the providers of games of
chance already will have to reckon with the new supervisory
authority.