Netherlands’ Online Gambling Legislation Stumped

The Netherlands’ online gambling legislation has found itself in a precarious position after the debate in
the Senate last Tuesday.

The Remote Gaming Bill was easily approved by the lower chamber of Congress last July 2016, but it
seems the bill might have some difficulty on the upper chamber. The bill, when passed into law, would
allow international players to operate in the Netherlands by their online licenses. Simultaneously with
the debate of the Remote Gaming Bill, the Senate also debated the Casino Reform Bill which sought to
formally privatize Holland Casino, a land-based gaming monopoly.

Three Questions

During the deliberations, the senators were initially supportive of the bill. However, things quickly
turned when the Senate asked Justice Minister Sander Dekker for the answers to three questions which
they raised.

The Senate first asked the definition of an “illegal operator” and its consequential participation. They,
then, asked about the measures to be undertaken to control online advertising especially in social media
and its correlated legal implications. Finally, the Senate also asked about existing laws that would allow
the government to effectively bar the domains of sites that did not acquire official licenses.

Dekker’s Brief Response

The Minister had proposed that they allow and license as many operators as possible citing that there
were many existing online gamblers from the country, and this was a way to push them to the regulated
market. He also warned not to follow Norway, but instead, choose to emulate Germany as regards to
their success in regulating the business.

Dekker also mentions that those caught as illegal operators or those previously sanctioned were to be
suspended indefinitely until further notice. He also says that operators may be barred from renewing
their license if it were proved that they deliberately attacked the Dutch market despite the regulation.

As for advertisements, Dekker was of the impression that it was necessary as it was, perhaps, the only
effective way for these operators to notify the people that they will be of legal status. He was open,
however, to the idea on ad restrictions but only at a much later date. This would be most likely around
the time when a significant number of people have been informed about their legal status.

The Justice Minister will be giving his detailed responses on Friday at the latest, so the Senate has
enough time to think about them and make an informed decision as they cast their vote on the 12th as
originally planned. Given the discussions and the debate that transpired, Dekker’s responses would
make or break the proposed bill as current odds show a 50/50 chance.