Online casinos accepting players from the Netherlands

The Netherlands is a progressive country with liberal laws and high quality of life. And while it has taken the government a long time to implement changes, they are well on the way to online casino licensing and regulation.

While we prefer to present timeless information in an overview of online casinos that accept players from Holland, it is difficult to relay concrete facts when the affairs of regulators are in a near-continuous state of flux.

To be sure, online gambling is a popular activity in Amsterdam and beyond and the government intends to control the activity and collect revenues from every bet placed.

They have simply struggled to implement changes on their own time schedule and have reversed course on several decisions just prior to implementation.

One example was the break up of the state monopoly (Casinos Holland). For two years the world expected all fourteen of the land casinos to be privatized, with four sold in a group to one buyer, and two additional licenses to be tendered.

Out of nowhere, the motion was retracted leaving the state with about €600 million in profits annually from the operations.

According to the European Gaming and Betting Association (EGBA), about 10% of the adult population already games online with offshore revenues equalling those of the state monopoly casinos. Implementing online casino regulation will bring Holland inline with most of the rest of the EU and generate about €175m in tax revenue each year.

You can explore all of the proper casinos in Holland and nearly 200 smaller betting venues on World Casino Directory of The Netherlands.

Stay up-to-date with key changes in the Netherlands on World Casino News.

To hear it straight from the horse's mouth, you can visit the Ksa website (De Kansspelautoriteit) and read the page in English or Dutch here.

Gambling Law in the Netherlands

There are three primary laws that deal with gambling. These are:

• Betting and Gaming Tax Act (BGTA) 1961
• Betting and Gaming Act (BGA) 1964
• Remote Gambling Act 2019 (RGA) est. Q3 2020

In a nutshell, the laws state that all gambling is prohibited unless it is licensed. Prohibitions include the promotion or marketing of gambling as well as participating in games of chance.

The RGA will amend the previous two acts to create an online gambling licensing regime.

Secondary gambling laws which are also amended under the RGA include:

• Games of Chance Decree
• Slot Machine Regulation 2000
• Slot Machine Decree 2000

There are also decrees and regulations related to recruitment, advertising, and problem gambling.

While industry observers proffer that the online licensing process will commence on 1 January 2021 and online gaming sites will go live on 1 July 2121 - too much is uncertain for us to state or claim that here. Politics and other considerations have caused the timeline to change often and we would not be surprised by another 'surprise'.

One sticky wicket in the current legislation amounts to a sort of 'bad actor' clause. After much infighting and back and forth negotiations it was decided that all entities that meet other criteria will be welcome to apply for licenses. However, any firm that has specifically sought players in Holland must wait two years after ceasing to offer games to the Dutch to apply.

Some of the criteria that will be considered is whether a website had a .nl extension, was provided in the local language, had payment methods predominantly used by the Dutch, and advertised targeting Dutch consumers, as well as other criteria. Any of those items would disqualify an applicant. The two-year look-back begins on the date of the license application.

Several top name operators have felt comfortable offering services to the Dutch in the past. The Ksa recognizes that some leniency must be exercised in order to recruit these providers to the new market, so the policy is only valid until 1 July 2021, after which time no leniency is planned to be afforded.

In other words, they seem to be saying: "Get out of the market now if you ever want a license".

New Remote Gambling Licenses Coming

Some reliable online casinos have no intention of competing for the 80 or 90 remote gaming licenses the state expects to tender.

Early on there were already about 180 inquiries with one-third of those not expected to pass muster pursuant to the Public Administration (Probity Screening) Act (Wet bevordering integriteitsbeoordelingen door het openbaar bestuur).

That means that only one in two fully qualified candidates will be able to get a license. Small operators are simply not accommodated in the process.

Many Dutch players already have favorite casinos that will not end up being licensed. Others will be drawn to lucrative bonus offers from those who will not be burdened with the more than 30% hit on revenues between the gambling tax (29%), gaming levy (1.5%) and addiction prevention fund contributions (0.25%).

Unlicensed casinos will simply be able to afford to offer better incentives to players, better odds, or both.

Will the government sit by and simply let that capital fly offshore?

Not likely.

Likely Enforcement Actions

While only some of the potential remedies are included directly in the law, more should come to light when the secondary legislation supporting the RGA amendments are announced.

Hefty fines for operators

The government recently increased the baseline fine it imposes on unlicensed online operators from €150,000 to €200,000. The penalty is usually levied on entities that offer a Dutch-language option, don't geo-block Dutch customers, and/or process payments using iDeal, a popular Dutch casino payment method.

Payment blocking

As in the past, the government plans to use blacklists for payment blocking.

In late December 2018, the Ksa announced that it had fined foreign companies nearly €2m during the current year for targeting Dutch players and not blocking payments. Bet-at-Home, Betsson, Mr Green, CyberRock/Honeydew, and William Hill were among those who faced administrative fines.

Blacklists and DNS/IP blocking

Controversially, the government also plans to look at introducing website blocking but may have a hard fight in the courts. Regardless of the outcome, the draconian censorship measure is sure to fail, as Dutch gamblers are simply too smart to be stopped from accessing their chosen casino sites. A simple search engine query is usually all that is needed to craft a plan for consumers to circumvent such heavy-handed actions.

Sanctions on advertisers

In 2016 and 2017 and again in the summer of 2019, regulators targeted casino affiliate websites that were promoting online gambling to residents and succeeded in getting them to remove the content.

We think it is safe to say that the government will use all of the tools in its arsenal to protect players (read revenues) from unlicensed gambling websites.

It's also safe to say that many players in the Netherlands will join the newly licensed sites to enjoy the comradery of their fellows, the protections afforded to them by regulators, and the peace of mind knowing they breach no laws.

Gambling ban not enforced on consumers

As currently written, a gambling consumer could theoretically be prosecuted under Article 1(1)(c) of the Betting and Gambling Act for "...knowingly participated in unlicensed games of chance". This minor offense carries the possibility of a fine of up to €8,300. However, to date, we have been unable to find a single case of a resident being charged with the act of gambling online or on land.

Netherlands Gambling FAQ

Is it legal to play online slots in Holland?

It will remain illegal to offer gambling services or to knowingly participate in games of chance online in the Netherlands until the Remote Gambling Act takes effect, licenses are issued, and regulated casinos offer slots and other games under the authority of the Ksa.

When will the Netherlands' online gambling law go into effect?

The government is currently targeting 1 January 2021 as the date the new law will enter into force. They also plan to vet license applications and launch the first licensed casinos by 1 July 2021.

How many Remote Gambling Licenses will be issued?

The law allows for an unlimited number of licenses to be issued. However, as a practical matter, the Ksa will limit the number of licenses it issues.

Program Manager for Remote Gambling at the Ksa, Amida Michael has said that they will probably offer about 90 licenses. Of the 180 or so applications received, about one-third of the candidates were already licensed online elsewhere; another third already offers games of chance on land in the Netherlands, and the final third were from independent entities and self-employed persons that would probably not be able to meet the licensing criteria.

Will I still be able to gamble at my favorite online casino?

Yes. If you already play at one of the major operator's online sites there's a good chance they will be awarded a license. If they have targeted Dutch gamblers in the last two years they will need to wait to apply.

If your favorite casino doesn't get the tender and continues to offer services in your area, you may still be able to play there depending on government efforts to block the website and/or payment processing.

Authorities are not likely to implement IP and DNS blocking prior to the scheduled 3-year evaluation of the act in 2014 or 2015.

So far, authorities have left players alone who circumvent gambling laws for their own enjoyment.

Will I be able to get bonuses at the licensed casinos?

You should be able to claim at least one welcome bonus at any licensed online casino in Holland. However, the secondary legislation relating to promotions has not been formalized yet and may contain player protections prohibiting ongoing bonus or deposit incentive schemes.

Unlicensed casinos accepting Dutch players will continue to offer loyalty plans, casino spins, chips, and ongoing bonuses. As they won't be giving up 30% of their gross gaming revenue in taxes, levies, and fees, they should also be able to offer better odds as well as deposit incentives.

Can I play the lottery online?

The law does not allow for online lottery sales (including long-odds bingo), spread betting or betting on non-sports events such as elections and other propositions.

What games and betting will be allowed?

The law allows the following licensed activities in one of the two authorized categories of casino gaming and sports betting:

• Casino games (tables, etc.)
• Exchange betting
• Pari-mutuel betting
• Poker
• Short-odds bingo
• Slot machines
• Sports betting (fixed-odds)
• Sports betting (live betting)

Author: Lars Jones