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Compliance Updates

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!

Asia

China to Expand Blacklist of Overseas Gambling Destinations Again

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China to Expand Blacklist of Overseas Gambling Destinations Again
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China’s Ministry of Culture and Tourism has announced its plans to introduce a “third batch” of blacklist measures aimed at overseas tourist destinations that attract Chinese tourists for gambling activities.

The ministry also said it would work with several other government departments to “suspend tour groups and arrangement of tourist visas” for outbound travel to these destinations.

As with earlier official mentions of China’s overseas-gambling blacklist, the latest announcement did not identify the places concerned.

The ministry mentioned on Friday its previous approach of including several overseas destinations – in “two batches” – in its “blacklist system” for cross-border gambling tourist destinations. It said such an approach was to “better regulate the travel market” and “safeguard the lives and financial safety of Chinese citizens”.

“The Ministry of Culture and Tourism is to adopt a measure to blacklist a third batch of travel destinations, in response to the recent developments whereby some cities abroad have lured Chinese tourists for gambling activities,” stated the ministry.

It added: “The ministry will – together with the Ministry of Foreign Affairs, the Ministry of Public Security, the National Immigration Administration and the Civil Aviation Administration of China – adopt measures to suspend outbound tour groups and the arrangement of tourist visas for trips to these cities and attractions abroad that are on the ‘blacklist’; and reinforce the restrictive measures on business jets [travel] and charter services.”

The Ministry of Culture and Tourism also noted that the “blacklist” of travel destinations would be “dynamically adjusted” in accordance to any changes seen in overseas markets.

Under a new amendment in mainland China criminal law – with effect from March 1 – anyone who “organises” trips for mainland Chinese for the purpose of overseas gambling will be deemed to have committed a criminal act.

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Central Europe

HooYu Launches New KYC Solution for German Gambling Market

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HooYu Launches New KYC Solution for German Gambling Market
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Leading KYC provider HooYu has launched a new KYC solution for the German gambling market.

The single solution orchestrates Schufa identity data checks, KJM-approved facial biometrics and ID document validation, video verification with a live human agent, PEPs and Sanctions watchlist screening and payment card checks.

This range of services can be orchestrated via HooYu to make gaming operators fully compliant with age verification and KYC requirements in the German market. The five services can be orchestrated to deliver different journeys for different customer lifecycle stages such as sign-up, high-value deposit, fraud risk and pay-out.

“The HooYu suite of services truly supports German gaming operators to meet age verification and AML compliance requirements,” Jochen Biewer, German gambling licensing expert and Managing Director of Chevron Consultants GmBH, said.

“HooYu is a KYC orchestration and customer onboarding platform that not only helps operators to build KYC processes, but to maximise customer onboarding success rates. German operators can now use one HooYu API to call on any or all of these services as part of their age verification, fraud or anti-money laundering controls,” David Pope, Marketing Director at HooYu, said.

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Compliance Updates

Dutch Gambling Regulator Imposes €500,000 Fine on N1 Interactive Limited

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Dutch Gambling Regulator Imposes €500,000 Fine on N1 Interactive Limited
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Dutch gambling regulator Kansspelautoriteit (KSA) has imposed a fine of €500,000 (£425,967.50) on Maltese-based company N1 Interactive Limited.

Since the Netherlands operates a regulated offline gambling market, whereby online gambling is not yet (but soon to be) allowed, N1 received a fine for offering illegal gaming to Dutch players.

Words like “Amsterdam” were used as bonus codes aimed towards the Dutch audience, alongside zero indication on the N1 website of the Netherlands being a prohibited country for online gaming. The amount of the fine was determined across a number of circumstances; and extra fines were accrued by N1 for failing to add a visible age verification option alongside charging players extra for “inactivity fees”.

Legally, offering any online gambling is only permitted if a company has a licence. It is especially unlawful to offer any type of online gambling via the internet to the Netherlands, a country which previously banned online gambling, and according to the KSA is deemed as “forbidden”.

There seems to be a slight revamp in this regulation since 1 April when the Remote Gambling Act (KOA) came into effect. With this, it will now be possible to apply for a licence to offer online gaming from 1 October 2021.

With a view to protecting the Netherlands from illegal online gambling, the KSA has ensured N1’s website, Betchan, has since been removed and is no longer accessible.

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