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Dutch online gambling rules introduced in official gazette

The Dutch government has submitted secondary gambling rules in the country's official gazette, adding a ban on the use of sports teams in advertising, although sponsorship is still allowed, and changing some rules regarding bonuses.

The rules, which were largely submitted during consultations and to the European Commission, set out how online gambling can be conducted in the Netherlands after the vertical is legalised later this year.

Earlier versions of the rules already banned gambling companies from using individual athletes in advertising to protect young people, as they stated that these athletes were likely to be seen as role models. Later, non-sporting celebrities were also added, particularly appealing to young people.

However, respondents in the consultation indicated that "sports teams are also role models for minors and young people", which prompted them to also fall under the ban, with the exception of sponsoring sports clubs.

While the government noted that some gambling operators might be concerned about the impact of these marketing restrictions on channel formation, it stated that player protection was more important and argued that channel allocation should not be an end in itself but only have value if regulated players protected by the market.

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The rules also stated that the licence processing fee was set at €48,000.

It also specifies certain sporting events on which operators may not accept bets. In football, it will be forbidden to offer betting on matches in the Netherlands' third division or below, matches in the under-21 and under age categories and friendly matches not organised by the global governing body FIFA.

Bets on major sporting events such as major Dutch national football matches, UEFA and FIFA competitions, ATP and WTA tennis, horse racing organised by the Dutch Trotting and Horseracing Foundation or the European or global governing bodies of the sport will automatically be permitted. All other events require prior analysis.

Among the changes made to the rules following the consultation is that bonuses can now be offered to players who do not explicitly agree to receive them. In addition, the general 60-day limit on bonuses for players who have received an intervention due to their playing habits has now been changed so that the length of the limit now depends on the type of intervention, and lighter interventions are shorter.

In addition, lottery providers and casino operators without a licence, such as Casino Uden Licens, are no longer required to participate in an addiction prevention course like other operators, as lotteries are not required to apply the same intervention policy, so it was decided that this course would be 'redundant'.

In addition, the rules also include a ban on offering temporary bonuses and a requirement for operators to conduct a risk analysis of all their games.

In addition, the rules specify the ways in which operators must intervene when a player shows signs of problematic behaviour, and set various technical standards, such as those for Cruks' self-exclusion system.

The Dutch Remote Gambling Act is due to come into force on 1 April and the online market will open six months later.

Originally, the KOA law was due to come into force on 1 July 2020 and the marketplace was due to open six months later in early 2021. However, in November 2019, the launch date was pushed back by six months, meaning that the market would open on 1 July 2021.

In September 2020, the launch was again pushed back to September 2021. Last month, Legal Protection Minister Sander Dekker announced a third postponement for another month.

Dekker said this was because he believed a slower implementation would mean a tighter regulatory environment.

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