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Endorhina’s Head of Legal reports on the Netherlands’ new gambling law

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Endorhina's Head of Legal reports on the Netherlands' new gambling law
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Jakub, Endorphina’s Head of Legal, shares his thoughts in a detailed report on the Netherlands’ new gaming application process. We learned that starting October 1st, 2021, the Netherlands will finally release their new law regulation for online gambling!

Jakub explains that the market now becomes open for all types of licenses, like bets on events during a sports match, bets on horse races, and much more. We also hear that there are no limits to the number of accepted licenses, as long as you meet all the requirements.

Dive into Jakub’s full report below:

As of October 1st, 2021, the online gambling market in the Netherlands will finally open. The Dutch Senate approved of the Remote Gambling Act in February of 2019 after years of delays. Before this, the Netherlands tried to fight only the worst offenders in illegal gaming. Nearly two years later, the law is finally scheduled to enter in full force. The online gambling licensing application process began on April 1st, 2021, and now we can finally look forward to its official beginning on October 1st.

The market only opens for the following types of licenses:

  • Casino games in which the players play against the operator;
  • Casino games in which the players play against each other;
  • Bets on events during a sports match or on the outcome of sports matches; and
  • Bets on the results of horse races and harness racing organized by or under auspices of the Dutch Draf

Market surveillance is done by a regulator – the Netherlands Gambling Authority is responsible also for the licensing process. As mentioned above, the licensing process opened on April 1st 2021, therefore from the date of drafting this article, the applications are just being accepted.

There is no limitation on the number of accepted licenses, therefore anyone who fulfills all requirements of the regulator is entitled to receive a license. The duration of the license is 5 (five) years, and the licensing fee is set at EUR 48,000.

Applicants should have their registered office in the EU or the European Economic Area, some exceptions are, however, admissible. Regarding server location requirements, the Control Database Specification document specifies that: “The legislation requires that the CDB final data repository must be located in the Netherlands physically separated from the operators gambling system. Both may be located in the same data centre if an operator chooses to do so, however, data stored in this main the CDB final data repository must be logistically and safely separated from any other data.”

In order to be entitled to receive the license, the decree states that the continuity of a license must be reasonably guaranteed. Therefore, the applicant for the license shall in any case provide among other assurance report confirming that the applicant is not in bankruptcy, under a moratorium of payments or where the applicant’s assets are not subject to an enforceable attachment.

All online gambling applications shall also be assessed against the criteria as per the policy rules which include operating without a permit. No applicants shall operate on the Dutch market in two years and nine months preceding the date on which the application was submitted and during the processing of the application.

Unauthorized operations are deemed when the following criteria are met:

  • The game offer took place on a website whose extension ended in .nl;
  • The game offer was wholly or partly in the Dutch language;
  • The relevant offer or its provider advertised on TV, radio or printed media aimed at the Dutch market;
  • For the games on offer, there was a use of domain name containing terms typical of the Netherlands in combination with the designation of games of chance;
  • The website(s) on which the games of chance were offered contained any features from which a focus on the Netherlands can be deduced; and
  • For the games of chance offered, it was possible to use means of payment that are exclusively or largely used by Dutch people;

 

Taxes are calculated from the gross gaming revenue of the operators currently the taxation is 30.1%. The taxation rate was increased from 29% to 30.1% from January 1, 2018, due to loss of income for the state caused by delays in the adoption of the Online Gambling Act. According to press release from the regulator, the gambling tax will be released back to 29% six months after the entry into force of the Online Gambling Act.

Expectations from this market are rather high. The Netherlands took its time – and at a cost of multiple delays, hopefully, they’ve prepared their regulation for the high demands of the gambling industry.

And that’s a wrap!

We hope you enjoyed reading Jakub’s official report on the Netherlands’ new gambling law. If you have any questions, feel free to reach out to us anytime. For now, stay tuned to more insights and new releases coming soon!

Compliance Updates

Compliable Expands Licensing Offering to Europe and Latin America

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Leading licensing management solution now supports new global markets

Leading compliance software provider Compliable is now supporting licensing in European and Latin American markets, further strengthening its proposition following a successful period of growth in the United States.

With experience of working with prominent industry brands including FanDuel, Bet365 and BetFanatics in North America, Compliable’s platform can now help companies complete, manage and maintain gaming licenses across multiple global jurisdictions.

Compliable is expanding into new markets at a time of increased regulatory obligations in numerous regions as well as a heightened demand from suppliers and vendors to get licensed from a reputational point of view.

Markets in Europe as well as emerging regions in Latin America are now supported by Compliable’s software solution, which enables operators and suppliers to enter new countries more quickly and reduces the ongoing burden of regulatory requirements.

Compliable’s software platform and tools provide customers both significant time and cost savings, as employees enter key information just once in the licensing process with the information then auto-populated across multiple forms, generating error-free applications every time.

The solution cuts the time it takes to get employees licensed by 90% to less than an hour, which has led to an increase of up to 700% in the number of employees that can be onboarded.

“Following discussions with our customers and prospects, it became clear that there is a demand for our market-leading licensing management solution outside of the United States and we are pleased to now be able to streamline the licensing process for even more companies in additional jurisdictions,” the Chief Executive Officer for Compliable, Chris Oltyan, said. “Licensing compliance can slow down your ability to expand into new markets but it doesn’t have to. Using our platform to remove bottlenecks in the acquisition and management of licenses frees up time and attention so our customers can focus on their go to market plans.”

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Compliance Updates

ITIA: Croatian Official Suspended from Tennis

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The International Tennis Integrity Agency (ITIA) confirmed that Croatian tennis official Marko Stojanovic has been suspended from the sport for five years and six months after admitting to breaches of the Tennis Anti-Corruption Programme (TACP).

Stojanovic, a national-level official, admitted to 15 breaches of the TACP, including manipulating data from matches in which they were an official to facilitate betting.

Stojanovic, who is accredited at national level and has officiated at ITF tournaments, co-operated fully with the ITIA investigation and accepted an agreed sanction, waiving their right to a hearing before an independent Anti-Corruption Hearing Officer. Stojanovic has also been fined $25,000, of which $18,750 is suspended.

The official’s agreed sanction began on 19 February 2024 and will end at midnight on 18 August 2029.

During the suspension, Stojanovic is prohibited from officiating at, or attending any tennis event authorised or sanctioned by the members of the ITIA (ATP, ITF, WTA, Tennis Australia, Fédération Française de Tennis, Wimbledon and USTA).

The ITIA is an independent body established by its tennis members to promote, encourage, enhance and safeguard the integrity of professional tennis worldwide.

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Compliance Updates

MGA Successfully Hosts its First Sports Betting Integrity Conference

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The Malta Gaming Authority (MGA) has hosted its first Sports Betting Integrity Conference, further cementing the Authority’s dedication to fostering open dialogue, knowledge-sharing and maintaining a gaming landscape that is free from corruption and any form of unethical practices.

The event convened high-profile stakeholders integral to the sports betting integrity sector, including the Union of European Football Associations (UEFA), the International Olympic Committee (IOC), the International Betting Integrity Association (IBIA), the United Nations Office on Drugs and Crime (UNODC), the International Tennis Integrity Agency (ITIA), the eSports Integrity Commission (ESIC), Genius Sports and Sportradar.

Local stakeholders included the Malta Police Force, the Malta Football Association (MFA), the Authority for Integrity in Maltese Sports and the Office of the Attorney General.

Opening the conference, MGA CEO Charles Mizzi said: “As the MGA, ensuring the integrity of sports betting is not merely a regulatory obligation; it is a cornerstone of our commitment to fostering a fair and sustainable gaming environment.”

Mr Mizzi emphasised that the conference’s foremost objective was that of leading a united effort in addressing the complex challenges of maintaining integrity within sports and sports betting. As the industry continues to transform – introducing new technologies and increasingly sophisticated methods – success depends on the ability to share knowledge, experiences and best practices. Through this synergy, stakeholders can outpace those intent on corrupting the essence of sports and betting.

Such gatherings, therefore, serve as invaluable opportunities to pool resources and expertise, serving as catalysts for positive change. The Authority extends its gratitude to all attendees for their engagement and participation.

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