Gaming authority steers for better fulfillment of duty of care by licensees

Online providers of online games of chance could intervene faster and better in case of immoderate play or possible gambling addiction, according to the Kansspelautoriteit (KSA), the Dutch Gambling Authority. Fulfilling and implementing the duty of care is insufficient for too many providers of remote gambling , according to the KSA. The Kansspelautoriteit (KSA) has concluded this after an extensive investigation into the fulfillment of the duty of care by providers of online gambling on the Dutch market. Now the Responsible Gaming Policy Rules have been tightened.

5 points that tigthen the duty of care of online gambling providers

Following the KSA’s investigation into the compliance of licensees with the duty of care, the Ksa is going to tighten its own policy. KSA will also make recommendations for adaptation of laws and regulations by the Ministry of Justice & Security. Providers may fulfill their duty of care better if legislation surrounding the duty of care is tightened and standards are further clarified. Then gamblers should be better protected. As a result, the Responsible Gaming Policy Rule has been amended as of June 3, 2024, including the following sections:

• Obligation for real time monitoring
• Tightening of rules on indicators to be involved in assessing gaming behavior
• Mandatory blocking of accounts of problem players until intervention has taken place
• Restrictions on gambling advertising and recruitment
• Increased protection for vulnerable groups.

Below I provide some highlights of the Responsible Gaming Policy Rule 2024.

Misleading advertising or recruitment for online games of chance is prohibited

By misleading recruitment and advertising activities KSA understands in any case that in or to the recruitment and advertising activities of a licensee:

• an unrealistic or incorrect image of a product or service is given;
• conditions are attached to the (one-time) free participation in a game of chance which nullify the free nature of the participation;
• no clarity is offered about the duration of participation in a game of chance or that the free participation in a game of chance automatically changes into paid participation without the consumer’s consent;
• the impression is created that the consumer can generally exert predominant influence on the outcome of a game of chance offered by a licensee;
• the impression is created that the consumer generally has predominant influence on his gaming results by following a training, study, or (online) course;
• the impression is created that the board of directors has approved the recruitment and advertising activities, the games of chance, or the licensee, other than the neutral statement that a licensee is licensed under the Act; or
• giving the impression that the licensee holds a European license or is subject to European supervision.

Use of professional athletes or role models in advertising is prohibited

By using individual professional athletes, a team consisting of professional athletes and other role models for recruitment and advertising purposes, the KSA understands in any case:

• the use for recruitment and advertising purposes of images, video recordings, sound recordings, the names or presence of role models, or any other association with the role model in a recruitment and advertising activity; or
• a reference on a website or media service requested by a licensee to a website or media service requested by the role models or vice versa.

The deployment of role models to promote the event will be penalized by the KSA that occurred as shown in an order for periodic penalty payments published on July 12, 2024. JOI Gaming deployed multiple role models to advertise Jack’s Racing Day 2023. For example, role models signed caps bearing the event logo and the Jack’s brand name. Photos were also posted on the Jack’s Racing Day website and social media channels showing role models posing with hostesses in corporate attire with the Jack’s logo. For example, advertisements with staged situations and scripts featuring (the team of) a professional athlete or other role model are not allowed for licensed providers of high-risk games of chance.

Strict rules KSA to prevent gambling addiction

The gambling licensee must monitor properly, i.e. in real time, whether there is addictive behavior of a player. In monitoring and enforcing the duty of care, the KSA can in any case include as a signal that the player:

• can no longer bear the financial consequences of his playing behavior;
• excessively tries to recoup his losses;
• urgently or repeatedly complains about not winning or not winning enough;
• urgently or repeatedly requests bonuses;
• uses a credit card or e-wallet for a deposit to the gaming account;
• uses multiple payment methods for a deposit to the gaming account;
• participates at times unusual for the player, paying particular attention to nighttime participation (from 00:00 to 06:00);
• participates for more than six hours in total within a 24-hour period;
• participates significantly more often than other players at the licensee;
• exhibits play behavior that causes negative personal, social or societal consequences;
• denies, avoids or ignores negative personal, social or societal consequences of his playing behavior; or
• attempts to conceal a signal or evade or circumvent an intervention measure.

Appropriate measures by gaming provider in case of immoderate player behavior

The provider must take appropriate measures (intervention) in such a way that the licensee matches the severity of his intervention measures to the seriousness of the signals and that he immediately takes more intensive measures if the intervention measures taken do not or insufficiently lead to the intended result. As soon as possible and in any case within an hour after the relevant facts and circumstances have occurred they should be recognized.  For example, in a personal interview, the provider should point the player to appropriate care to bring about change in their playing behavior. It should also be examined whether a player could cause harm to themselves or their loved ones through excessive participation in games of chance or gambling addiction.  For example, if the licensee has not taken sufficient measures to be able to recognize even at night that there is a clear reasonable suspicion or to be able to intervene, this is in principle not in accordance with its duty of care.

Additional rules to protect vulnerable groups such as young people

What is no longer possible is advertising when logos, names of a game of chance or a licensee are mentioned on products that are worn or used to a significant extent by minors. In particular, advertisements aimed at vulnerable groups of persons also include physical forms of advertising (such as billboards, swanks, abri’s and mupi’s, for example) that are in view of or in locations targeted at minors. Relevant is whether a product creates or implies to the average (underage) consumer the impression that there is a relationship with a licensee or its game of chance. The KSA is very critical of the use of recruitment and advertising activities with a strong advertising character for a game of chance of which the risk analysis has shown that the game of chance has a high risk potential. Wrong in this respect is the use of banners, pop-ups or e-mails, which point players to high bonuses or savings programs if they participate in these games of chance. Savings programs themselves linked to participation in a game also encourage continued play, as do bonuses linked to the number of times someone plays along. Also objectionable is presenting it as a relatively harmless game of chance, while the risk analysis has shown that the game of chance has a high risk potential. All these points should be well described in the licensee’s addiction prevention policy.

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