Besides the essential details about the NOGA, we also added information about the Netherlands’ online gambling regulation. The element below holds the main sections of this article, so you will have to discover the sub-sections yourself. At the end of the article, await answers to popular questions. Choose a topic or read the bits you are most interested in.
Netherlands Gambling Laws – History and Present Day Rules
Wagering in competitions and games has been part of every culture since dawn. This is equally strong to the people living over the territories of the present-day Kingdom of the Netherlands. The history of casino gambling licences began in the 14th century when the first gambling laws were created.
As time went by, the Netherlands gaming authority started regulating gambling and gaming matters in all provinces. Today, operators can acquire a Netherlands gambling licence and offer their services to the Netherlands players. In the table below, you can find the main gambling laws in power in the Kingdom of the Netherlands:
|⚖️ Main Netherlands Gambling Laws||🌷 Secondary Netherlands Gambling Decrees|
|Sanctions Act 1977||Remote Gambling Act (2019)|
|Betting and Gaming Act (2021) (BGA)||Remote Gambling Regulation|
|Betting and Gaming Tax Act (2021) (BGTA)||Decree on Recruitment, Advertising, and Addiction Prevention|
|Public Administration (Probity Screening) Act||Regulation on Recruitment, Advertising, and Addiction Prevention|
|Code of Conduct Gambling Advertising||Implementation Decree AML Act|
|Money Laundering and Terrorist Financing Prevention Act||Implementation Regulation AML Act|
|Media Act (2008)|
One of the distinguishable features of the Netherlands’ government policy on gambling is the channelisation of Netherlands players. This means that all regulations aim to lead gamblers from the unlicenced to the licenced gambling locations.
To aid this online gambling transition, the authorities created an easy process for acquiring a Netherlands gambling licences. Before that, we will remind you of the Kansspelautoriteit (KSA) functions and present the Netherlands Online Gambling Association in detail.
Netherlands Gambling Authority “Kansspelautoriteit” (KSA)
The Netherlands Gambling Authority or Kansspelautoriteit regulates all matters related to gambling and gaming establishments in the Kingdom of the Netherlands. This authority issue revokes, supervises, and changes the licences of all land-based and online operators. Amongst the many duties of the KSA are the regulation and legalisation of games of chance.
Besides all this, one of the main duties of the Netherlands Gambling Authority is to fight against illegal casinos and games. The protection over online players can be seen in the deep research of the unlicensed websites, the number of players, the operators’ harmful practices, etc. The offending operators might face fine or criminal charges depending on the results.
When it comes to players, the government’s policy is softer. As we mentioned, the regulations aim to divert gamblers towards legal gambling websites. That is why the licenced operators are given an opportunity for a fast licensing process and a vast range of legal gambling games. If you wish to know more, check the KSA (Kansspelautoriteit) website because we are moving toward the main topic of this review.
Netherlands Online Gambling Association
KSA (Netherlands Gambling Authority) is no longer alone in regulating the gambling situation in the Kingdom of Netherlands. In February 2013, an online gambling licensing system called the Remote Gambling Act was introduced and accepted. The goals of this act were to regulate all online wagering and gambling activities in the Netherlands.
This legal change pressed for creating a responsible organisation, and that is how Stichting Speel Verantwoord came to life. Since the online gambling world is rapidly growing and diversified, the regulating authorities also needed a serious upgrade of their organisation and duties. The following changes and improvements led to NOGA’s creation in August 2022.
|✨ Name||Netherlands Online Gambling Association (NOGA)|
|🎂 Year Established||6th November 2013|
|🌷 Old Name||Stichting Speel Verantwoord|
|💯 Members||12 Members (bet365, LeoVegas, Betway, Betsson, Entain, Flutter, Kindred, BetCity, Nuvei, Tombola, and Bayton)|
|☎️ Phone||+31 (0) 70 204 2840|
|📮 Address||Malie tower Room 8.01, Bezuidenhoutseweg 12, 2594 AV Den Haag, The Netherlands|
The new regulatory organ deals with all online gambling in the Netherlands. The members of this association share common goals, morals, and the desire to create a safe online gambling environment. This trade association of online gambling companies currently includes 12 of the worldwide renowned operators, but they hope to expand even more.
We will tell you more about the NOGA’s objectives, licensing process, members, and many other interesting details in the following sections. Read on, and don’t forget to check the Q&A section at the end of the article.
NOGA’s Objectives & Duties
The Netherlands online gambling regulation was created with the thought to inform and channel towards legal gambling for millions of Netherlands players who regularly gamble online. Knowing that you can legally gamble online draws attention and proves that the Netherlands is a progressive country for online entertainment. To remove the borders between online casinos NL and players, NOGA has duties and objectives to:
- 💯 Unite Gambling Operators: providing a platform for all online operators and gambling stakeholders where they can cooperate and support each other in a regulated, non-discriminatory, and safe gambling market (online and offline).
- 💬 Inform: providing information about all gambling topics, games, players, safety, and other gambling-related topics to anyone in the Netherlands (NOGA members, gamblers, general population, gambling prevention authorities, and everyone else).
- 🎖️ Uphold Integrity Standarts: integrity and reliability are mandatory for protecting anyone involved in gambling. Sticking to the NOGA values and moral standards secures the position of the legal gambling operators.
- 🎲 Keep Fair Play: fair, healthy, and future-proof gambling environment both online and offline.
- 🚑 Promote Responsible Gambling: is essential in the prevention of problem gambling, gambling addiction or preventing fraud.
- 👨👩👧👧 Call for Social Responisbility: must be applied throughout the entire online gambling industry by supporting good causes, responsible gambling initiatives, healthcare, and more.
- 📣 Promote NOGA: making the associations’ work known throughout all possible media and promoting its activities.
- 🔔 Consider the Legal Impact: NOGA informs the government, the KSA, and the other involved parties about the impact of the current gambling laws and regulations on online gambling sites, players, and operators.
- 😎 Protect Members Interests: representing the members in all matters, legal proceedings, and any other topic related to NOGA’s work, goals, objects, and everything else.
Reading the list, it becomes clear that even though the operators are unique and individual entities, they become one organism once they join the Netherlands Online Gambling Association. Furthermore, each operator is equal to the rest and gets the same freedoms and obligations to improve the online gambling world.
The Netherlands Online Gambling Association uses various resources to achieve its Netherlands online gambling goals. A good example is the NOGA Online Gambling Barometer, an annual data-driven study of the state of the Dutch online gambling market. The research is entrusted to Ipsos, a renowned international research agency. The first results were presented after the launching of NOGA (on 1st March 2021) during a live online webinar.
NOGA & Other Government and International Authorities
The members of NOGA work together and are on good terms with the rest of the government structures. A few examples are the Netherlands Gambling Authority, the ministries of Justice and Security, Economic Affairs and Climate Policy, Finance, Health, Welfare and Sport, and the VAN Kansspelen and VNLOK.
NOGA is also a member of ECP (Platform for the Information Society) and collaborates with the Netherlands Sports Council, European Committee for Standardization, Royal Dutch Normalisation Institute NEN, the Dutch Advertising Body SRC, and more. The association is part of the Platform Digital Government and expert healthcare organisations. It is part of the Advisory Board of KVA, SBC Leaders, and partners in the All-In Diversity Project.
Besides the Netherlands gaming authority and local organisations, the members work with many international gambling-related organisations. The most popular brands are EGBA (European Gaming and Betting Association), the IBIA (International Betting Integrity Association), the BOS (Swedish Trade Association), UK BGC (Betting and Gaming Council), and many trade bodies in European countries.
NOGA Members – Who Can Join NOGA?
Currently, the Netherlands Online Gambling Association has 12 members in its General Assembly. The organisation’s structure includes the General Assembly (all members) and the Board of Directors. The General Assembly deals with the daily management, duties, and internal policies. All current members have a seat on the Bord, but this might change as the organisation grows.
The Netherlands gaming authority is open to accepting new members who wish to join the dutch market. This includes all online gambling operators and B2B companies. The future members can apply for Membership, Associated Membership or B2B Partnership. The procedures and required documents may differ depending on the membership, but they are all addressed to the chairman of the Board of Directors.
Acquiring a remote gambling licence in the Netherlands is mandatory for all operators who intend to become NOGA’s Associated Members or B2B Partners. One vital detail that needs to be pointed out is that the B2B Partnership and Associated Membership are available only to legal entities registered in the United Kingdom, EU, and EEA. In the next paragraph, you will find more details about the licensing process.
Remote Gambling Licence Application & NOGA Membership
The modern Netherlands online gambling regulation that came in power on 31st October 2021 allowed many companies and private citizens to join the licenced Netherland online gambling market. Since then, KSA has granted licences to many local and international operators with a presence in the European Union or the EEA.
According to the Netherlands gambling regulations, operators can apply for charity games or games of chance licence. We will not discuss their licence because the gambling operators rarely (if ever) apply for it.
In the paragraphs below, you will find information about the games of chance licence, including all casino games, sports betting, horse or harness races, virtual sports, fantasy sports, and eSports betting.
The curious thing about slots’ licence is that there is no limit to the number of slot machines an operator can offer, as long as they are approved for the Dutch market. This means that players can easily find the Piggy Slots alongside thousands of other interesting titles.
Licence Requirements & Application Process
To gain a Netherlands gambling licence, every applicant must meet certain criteria. Those requirements apply to all types of NOGA members (Members, Associated Members, and B2B Partners). The check for meeting the standards should be done before the licence application. This way, operators save time and make the licensing process faster and easier.
The Netherlands Online Gambling Association website has detailed information about the remote gambling licence procedure and the current gambling laws in the Kingdom of the Netherlands. All applications are submitted via the Applicational Portal on the KSA website and add the required information. Some of the requirements for operators are:
- 👔 Operator Status: to be a public limited company or a private limited liability company established in the EU or EEA.
- 📚 Database: to have a control database in the Netherlands and all electronic means for the gambling site and the games of chance in the EU or EEA jurisdiction.
- 💊 Problem Gambling Tools: to have a problem gambling prevention tools and process with an addiction prevention representative in the Netherlands and use the Central Exclusion Register.
- #️ Correct Information: to provide correct information about the games, providers, establishments, technical means, and everything related to the gambling site.
According to the Remote Gambling Policy Rule, the procedure is easier on all operators of unlicenced gambling sites, which applied prior to 31st March 2022. If they meet all other requirements, they all receive a licence with a cooling-off period. On the other hand, all unlicenced operators’ applications filed after 31st March 2022 will probably be rejected because the applicants will be considered unreliable.
The last requirement is paying a non-refundable application handling licence fee, which may go up to €48,000. After that, the Netherlands Gambling Authority will assess the gambling licence application within six months. If necessary, the period may be extended by another 6 months. The operator receives a licence valid for up to 5 years if all goes well.
After acquiring the gambling licence, operators can apply for a NOGA membership before the Board of Directors. The last step for all Associated Members and B2B Partners is to sign an accession document where they agree to the association’s goals and laws.
Suspension and Termination of NOGA Membership
The Netherlands gaming regulation and laws are strict on all gambling crimes. The first step towards a faulty operator is suspending or revoking the gambling licence. Reasons for this might be unpaid handling fees, cessation of business operations, not complying with the AML legislation, violation of the licence, violation of advertisement restrictions, and more.
According to the Public Administration (Probity Screening) Act, a gambling licence may not be issued or could be suspended or revoked if there is a danger of money laundering, criminal acts or terrorist funding acts. Under those circumstances, the NOGA membership is also terminated.
The Associated Members and B2B Partners may also request termination of their membership. This is possible in the calendar year’s last tricorder (last three months). NOGA members need to write to the Board of Directors’ chairman with a request. The membership termination might be applied immediately or at the end of the calendar year.
More NOGA Members Duties
Besides following the Dutch online gambling regulation, the Netherlands Online Gambling Association members have a few more important obligations. We will inform the most important matters the licenced gambling operators attend to and watch out for.
Advertising and Marketing
Responsible advertising and marketing campaigns are essential in our days like the one created for the Alderney Gambling Control Commission. A well-made advertisement can draw the attention of Netherlands players towards licenced gambling sites. The government has strict rules when it comes to marketing and advertisement of games of chance.
Operators make no false promises towards players or encourage excessive gambling. All commercials must be created in a balanced way and follow the legal requirements and the Decree on Games of Chance: Recruitment, Advertising and Addiction. According to the law, any advertisement that does not meet the requirements is suspended, and the operator may be punished.
Self-Regulation & Responsible Gambling Tools
The Dutch gambling regulation grants operators freedom for self-regulation. The members of the NOGA must monitor their activity in the gambling industry, the trade and economic sectors, and regarding players. They must apply on their own the best practices involving legal and ethical standards to create a safe online gambling environment.
One of the most important self-regulation areas is the responsible gambling tools and policies. It is entirely up to the operators how far they will go into this field of care for players. The mandatory requirements are providing responsible gambling information, contacts of the local organisations fighting gambling addiction, and using the Central Exclusion Register.
NOGA Members’ Wrongdoings & Sanctions
Any kind of intentional wrongdoing by the operator is punished according to the severity of the action as wrongdoings are considered illegal gambling activities against players like match-fixing, games rigging, bookkeeping, prize withholding, false advertisement, and more. Punishable are also actions against government authorities and monitoring institutions, including bribes, threats, tax evasion, false information, etc.
The sanctions for non-compliance to gambling laws vary depending on the severity of the crime. Every wrongdoing is investigated, and the punishments are based on the Netherlands Gambling Authority’s administrative regulations and the Netherlands’ criminal and administrative laws. The penalties may include a fine of up to €900,000, revoked gambling licence, terminated NOGA membership, and in the worse cases, a prison sentence.
Gambling Taxes in the Kingdom of the Netherlands
Netherlands players have to pay 30.1% winners tax on betting and lottery games for all prizes over €449. Players don’t pay taxes if the prize is lower or the losses are greater than the prize. The operator withholds the taxes for the lottery winnings, and only the net prize money is paid out.
After the taxes are withheld, gamblers can request a tax refund. The other good news is that the gambling debts are not enforceable unless there has been a fraud, deceit, or scam. This debt rule does not apply to prizes won from gambling establishments licenced under the Betting and Gaming Act (2021).
Regarding the operators’ gambling tax in the Netherlands, the situation is more serious. They pay a 29% Gross Gaming Revenue (GGR) and a remote gambling levy of 1.95% GGR. The 1.95% tax is split into two parts – 0.25% contribution to the gambling addiction costs and 1.7% to NGA costs. The horse or harness race operators may pay 10% GGR from monthly bets.
Netherlands Online Gambling Association Q&A
The Netherlands Online Gambling Association is taking a major role in the gambling world in the Netherlands, and it is expected that it will grow even more in the future. We already told you the essentials about this organisation, and now, we will answer several important questions.