Dutch Gambling Authority KSA introduces new policy rules for (renewal of) online gambling licenses

As of January 1, 2026, the Dutch Gambling Authority (Kansspelautoriteit, KSA) will amend its Policy Rules for granting online gambling licenses. This revision is necessary because the licenses issued in September 2021 will expire on October 1, 2026. These licenses have a duration of five years. The updated policy introduces new obligations for all applicants, with a particular focus on the process for requesting a follow-up license for existing operators. The rules are based on the Dutch Gambling Act, which remains in force and also regulates casino games, lotteries, instant lotteries, etc.

What has changed in the application procedure for (renewal of) online gambling licenses?

New requirements for all applicants include:

1. A document explaining how the operator will inform the KSA in a timely manner about significant changes in policy and operations.
2. An exit plan (Article 2.4) detailing how the gambling offering will be phased out if the license ends.
3. A reliability clause stating that failure to comply with enforceable court rulings may lead to rejection of the application.
4. Submission of a Wwft risk analysis.

The KOA 2026 licensing policy rules can be consulted here.

What should be included in the exit plan when applying for an online gambling licence?

Providers may, in light of their business model and the types of games licensed, choose to describe various scenarios in the exit plan, such as:

1. an exit scenario in the event of unforeseen circumstances;
2. an exit scenario in the event of a large-scale migration of the gaming platform;
3. an exit scenario in the event of temporary complete or partial cessation of the offer and operation of the licence, for example on the provider’s own initiative due to market developments or in circumstances such as a possible takeover or bankruptcy;
4. an exit scenario in the event of early withdrawal of the licence at the request of the licence holder;
5. an exit scenario in the event of the premature withdrawal and/or suspension of the licence by the Gaming Authority, pursuant to Section 31d, first or second paragraph, of the Act; and
6. an exit scenario in the event of the licence expiring at the end of its term if the licence holder does not apply for a new licence or if it is likely that a new application will not be granted.

Procedure for follow-up licenses for existing operators

A separate application procedure applies to parties already active on the market who wish to apply for a follow-up licence. In this procedure, various elements are reassessed, including the addiction prevention policy and the recruitment and advertising policy. For the control database (CDB) element, an integration test will be carried out again. Existing licence holders must also comply with the new conditions that apply to all applications, as mentioned above.

Evaluation of the past 5-year license period

When opening up the online market, the legislator deliberately opted to issue licences with a maximum term of five years. By using a fixed-term licence, the legislator intended that the Ksa would take its supervisory experience into account in every application for a renewal licence. The licence holder’s conduct over the past 5 years is therefore taken into account in the assessment for the renewal licence. Providers who have made mistakes in the past five years must explain in the application procedure how they have learned from previous mistakes and how they will prevent them from happening again. If the Ksa finds this explanation insufficient, the licence may be refused or additional conditions and restrictions may be imposed.

Application process for existing license holders

A licence holder must submit their application using the form in the section of the Gaming Authority website specifically designated for the application procedure for licence holders. The appendices, (partial) forms and all other documents or records accompanying the application must also be submitted via the section of the Gaming Authority website specifically designated for this purpose.

A separate application procedure applies to providers who hold a licence at the time of application. This special arrangement for licence holders is set out in Article 2.2. The Gaming Authority has set up a separate section of its website for licence holders. At the end of each section, there is a description of what this application procedure for licence holders consists of.

Renewed integrity assessment 

The KSA also conducts regular (Bibob) integrity assessments on existing licence holders. Existing licence holders will initially be required to provide less information than new applicants. This follows from Article 3.2. Licensees have already provided much of the information required for this in the context of their previous application and in the mandatory notification of relevant changes. The questions in the digital application form have been adapted for licensees. For practical reasons and to ensure the comprehensibility of the digital application form, in some cases information previously provided is still requested. The digital application form is leading in this respect. In addition, the Gaming Authority may always request additional information during the processing of an application if this is deemed necessary for the integrity assessment.

Provision for player funds

The players’ funds must in any case be sufficiently separated from other assets. The licence applicant must demonstrate that it has taken appropriate measures to ensure that these funds can be paid out at any time, by means of (1) using a Dutch third-party funds foundation; or (2) another facility that meets the requirements set out in Article 7.6 of the Policy Rules. When using a third-party funds foundation or a foreign equivalent, there must be a complete and signed agreement between the applicant and the foundation. The agreement must, among other things, specify how the payment of funds to players by the foundation is guaranteed, even in the event of financial problems at the applicant, including in any case the bankruptcy or liquidation of the applicant and after the granting of a moratorium on payments to the applicant

Continuity of the gambling operator

The financial continuity of the applicant must be reasonably guaranteed. The Gaming Authority assesses the continuity of a remote gaming provider at the time of the application. Article 3.3, first paragraph, of the Remote Gaming Decree specifies the cases in which the continuity of the remote gaming provider is not guaranteed in any event. Continuity can be jeopardised for various reasons. Here is an example: the continuity of the applicant is not (or no longer) guaranteed if he is unable to conduct his business in a careful manner due to an enforceable attachment, thereby jeopardising the careful provision of games of chance. In that case, the Gaming Authority will rule that the continuity of the remote gambling provider is not reasonably guaranteed.

Blenheim’s gambling lawyer’s are happy to assist you on Dutch gambling law.