Dutch minister calls existing gambling regulations ‘obsolete’

Dutch Minister for Justice and Security Sander Dekker has called the Dutch Betting and Gaming Act 1964 ‘obsolete’ in written responses to the Dutch senate concerning the introduction of the Remote Gaming Act.

In his responses to senate questions, Minister Dekker said: “Developments in the gaming market have the regulation of games of chance contained in the Betting and Gaming Act obsolete.

“The act ensures the public interests of the Dutch gambling policy which are the prevention of gambling addiction, the protection of the consumers and combating gambling-related crime, fraud and money laundering, but does not fit in well with the current reality.”

Proposals to give online gambling its own set of rules, distinct from the Betting and Gaming Act have stuttered since the Dutch lower house initially approved the Remote Gaming Act in July 2016.

The move to get the Remote Gaming Act back on the legal table has been gathering pace over recent weeks, following the resolution of a cross party agreement concerning the requirement for online operators to maintain a physical presence in the Netherlands, which had previously been a key stumbling block preventing its passage to debate stage. Minister Dekker has been a key part of this process to bring it back to debate stage.

Under the terms of the new agreement, gaming and betting companies which are based in the EU or in the EEA will not be required to establish Dutch offices to be allowed to operate in the Netherlands, however those based outside the EU and EEA will be required to do so.

In his response to questions Minister Dekker calls for the implementation of a “sustainable and flexible legal framework for the regulation of remote games of chance, which enables the Dutch player to take part in online games of chance and protect him against them inherent risks.”

Over recent months the increasingly strict nature of the Dutch regulatory regime has caused many issues for international operators, with complex regulations concerning the targeting of Dutch players and the use of Dutch symbols. Many operators have said that the regulations contravene EU law.

Of these operators, Betsson AB has been the most active in challenging regulatory validity, filing a lawsuit against them in August 2017, however that lawsuit was later dismissed by a judge at The Hague.

In his responses to questions, Minister Dekker championed the possibilities of the proposed Remote Gaming Act adding: “The proposed regulation contains a balanced one licensing system, in line with international practice and in is in line with our European-law obligations in the field of the free movement of services within the European Union.

Addressing the slow passage of the Act, Dekker added that it “can boast a very thorough preparation in the Second and First Chamber.”