2 May 2017

Dutch Gambling Legislation

Category: Licenses

When you wish to introduce a gambling product in the Netherlands you may wish to know a little on the Dutch Gambling legislation. Of course our Dutch Lawfrim can help you out in applying for a permit in the Netherlands.

Gambling in The Netherlands is regulated under the Betting and Gaming Act 1964 (Wet op de kansspelen) (BGA), taking a prohibited unless licensed approach. Games of chance are taxed in accordance with the Betting and Gaming Tax Act 1961 (Wet op de kansspelbelasting) (BGTA).

Relevant secondary legislation includes:

· • Games of Chance Decree (Kansspelenbesluit, 1 December 1997).

· • Slot Machine Decree (Speelautomatenbesluit 2000, 23 May 2000).

· • Slot Machine Regulation (Speelautomatenregeling 2000, 25 May 2000).

· • Decree on Games of Chance: Recruitment, Advertising and Addiction (Besluit werving, reclame en verslavingspreventie kansspelen, 7 May 2013).

· • Regulation on Games of Chance: Recruitment, Advertising and Addiction (Regeling werving, reclame en verslavingspreventie kansspelen, 24 June 2013).

· • Policy Rules Non-Incidental Article 3 Lottery Licences (Beleidsregels niet-incidentele artikel 3 loterijvergunningen, 12 July 2016).

Dutch gambling lawyer explains the Dutch licences

How are the various games of chance defined in the Netherlands?

A gambling game is generally defined according tot he Dutch Law as follows: Providing an opportunity to compete for prizes or premiums if the winners are designated by means of any calculation of probability over which the participants are generally unable to exercise a dominant influence; for example: if you make available prizes through a ‘row of adventure’. The prize winners are determined by turning to the row. Participants can not influence the winning number. Also check out: update on Dutch Gambling License in the Netherlands.

Specific Gambling Games in the Dutch Law

The law defines a number of special types of a gambling game. For many of these special gambling games, only a limited number of licenses are issued.

– State lottery: The provision of the national lottery is subject to an exclusive license awarded for an indefinite period and under which at least 60% of the stakes must be returned to players as prizes (Articles 8 and 9, BGA). Revenues generated from the lottery are for state benefit.

– Lotto: Lotto is the opportunity for participants to predict a given quantity of symbols from a predefined range from which a draw is then made (Article 27a( 2), BGA). Lotto gaming is provided under the same exclusive semi-permanent license as sports-betting

– An instant lottery is one in which prizes are allocated to winning tickets before ticket sales commence (Article 14a( 2) , BGA). Article 14b(1) of the BGA establishes the basis for an instant lottery, which is also provided subject to an exclusive semi-permanent license.

– Sports betting: sports betting is defined as providing an opportunity for participants to guess or predict the results of sporting competitions other than those subject to a horse-race

– De totalisator; Horse-race betting

– Casino games; Betting in a building equipped with gambling devices, gambling tables, etc.

Slot machine and type approval

Further special category of a gambling games is the Slot Machine: to operate one or more machines in given premises in the Netherlands. Licenses can be awarded for cafés and restaurants where no additional gambling activities take place and which are largely directed towards those over 18 years of age.

A type approval system operates to determine those slot machines that are permitted onto the Dutch market. The presence of an unapproved machine on the Dutch market is illegal. Slot machine types are approved according to rules on player protection and the exclusion of minors, game play and game duration, game process and the average amount of money that can be won and lost over a given period of time.

Remote Gambling Law in the making in the Netherlands

Remote Gambling: A remote game of chance (the legislative process is as not yet been completed) understood to be: an opportunity as referred to in Article (1), under (a), (Provide an opportunity to compete for prizes or premiums if the winners are designated by means of any calculation of probability over which the participants are generally unable to exercise a dominant influence) which is provided at a distance using electronic means of communication and in which a person participates without having any physical contact with the person providing this opportunity or providing space and resources for participating in these games of chance. A license for organizing remote games of chance, other than offering betting slips in the games of chance – designated by or pursuant to a General Administrative Order – for which a license was granted under a title other than this title, may only be granted in accordance with the provisions of this title. The last sentence therefore looks at all of the above-mentioned gambling games except lotteries. Also read: License Procedure for Remote Gambling.

Available Gambling Licenses in the Netherlands

An unlimited number of licenses will be available and will fall into one of two categories: sports betting and casino gaming. The following are expected to be licensable under the remote gambling law in the Netherlands: Poker, Casino games, slot machines, sports betting, exchange betting, Pari-mutual betting, live betting, shorts-odds bingo.

The following will not be licensable remote gambling activities: online lotteries (including long-odds bingo), spread-betting, betting on non-sporting events.

Is it possible to opt for an all-inclusive license for more games. The gaming lawyers of Blenheim can advise you on permits for gambling in the Netherlands.