Update on Maltese Bill 55, Access to Player Data, and Gambling Companies’ Stance on Player Claims
Category: gambling law, Gaming law
Player claims and the (request for) player data are a current topic in Dutch court cases. Bill 55 from Malta is also a hot topic in the gambling world. That is why questions have been raised in the Dutch Parliament to the State Secretary for Justice regarding these issues. Below is a summary of the Ministry of Justice’s responses of JUly, 7, 2025 on these pending issues in the Dutch gambling arena.
The Ministry’s Position on Maltese Bill 55 and EU Legal Proceedings
The Ministry of Justice is in contact with other member states that share concerns about the potential consequences of Malta’s Bill 55 and related court rulings. Ongoing proceedings at the Court of Justice of the European Union (CJEU) are being closely followed, particularly preliminary questions raised by Austria on October 16, 2024, regarding the reimbursement of player losses from illegal gambling providers. Malta has also raised questions about the compatibility of German law with EU law in a similar context.
Compatibility of Maltese Bill 55 with EU Law
Several countries, including the Netherlands, have expressed concerns to the European Commission about the incompatibility of Bill 55 with EU law. On June 18, the Commission launched a formal infringement procedure against Malta, stating that the law violates EU regulations on jurisdiction and recognition of judicial decisions. Malta has two months to respond to the Commission’s letter of formal notice.
Access to Player Data Before Licensing
The KSA (Dutch Gambling Authority) does not supervise periods before a license was granted. However, the State Secretary emphasized that licensed operators should make maximum efforts to resolve pre-license issues, including providing necessary data relevant to integrity assessments.
Consequences of Non-Cooperation in Player Lawsuits
Refusing to compensate players or provide transaction data may affect future license applications. The KSA will consider past behavior and compliance with court rulings when evaluating new applications from 2026 onward. So far, no licensed remote gambling provider in the Netherlands has refused to comply with a final court ruling.
Access to Transaction Costs and Payment Overviews
The KSA is in discussions with Optdeck (operator of Unibet in the Netherlands) regarding access to transaction data. However, the courts—not the KSA—decide on such matters. Recent rulings on July 4 and 7 granted access in one case and denied it in another due to lack of legal standing.
Role of the Dutch Data Protection Authority (AP)
The AP monitors developments and handles complaints about Unibet’s refusal to provide personal data. These are forwarded to Malta’s privacy regulator (IDPC), which is the lead authority due to Unibet’s headquarters being located there. The AP maintains close contact with its Maltese counterpart.
Sources
(1) Court of Justice of the European Union. (n.d.). Case C-683/24, Spielerschutz Sigma.
(2) Court of Justice of the European Union. (n.d.). Case C-440/23, European Lotto and Betting and Deutsche Lotto- und Sportwetten.
The European Commission announced this in its infringement package.
(3) The European Commission announced this in the June infringement package: key decisions, see: https://ec.europa.eu/commission/presscorner/detail/nl/inf_25_1241
(4) Judgment of 4 July 2025, Amsterdam District Court: ECLI:NL:RBAMS:2025:4663;
Judgment of 7 July 2025, Amsterdam District Court: ECLI:NL:RBAMS:2025:4721