Kansspelautoriteit (KSA) has rolled out a new compliance checklist requiring licensed operators in the Netherlands to strictly target their advertising campaigns or risk enforcement action, including potential suspension.
The guidance is built upon the July 2023 prohibition of mass-marketing gambling advertising that targets a wide range of individuals, which was imposed as a result of the reforms to the Remote Gambling Act (KOA) that opened up the regulated online gambling industry in 2021.
Following the implementation of the new guidelines, the operators need to have all of their marketing efforts aimed exclusively at individuals aged 24 and older, with at least a 95% compliance rate of their marketing efforts targeting individuals that are 24 years old or older.
Operators will be required to implement reliable age verification systems, sophisticated audience segmentation, and trustworthy targeting algorithms. If the above rules cannot guarantee reasonable accuracy in reaching the proper audiences, operators will be required to cease all marketing efforts for the applicable product and services until all requirements are met.
The gaming regulatory authority has indicated that the compliance requirements are not one-time occurrences, but are continually monitored for compliance and effectiveness. Operators must regularly evaluate the performance of their marketing campaigns, reassess their risk factors, and revise their marketing tactics based on changes in technology and user behaviour.
Operators must provide a clear and effective opt-out option for all marketing channels, so that users can easily decline to receive gambling promotions, without having to register in any way.
In addition to these requirements, operators must utilise “best available measures” for preventing vulnerable individuals from being exposed to gambling-related advertising, including stringent age restrictions, behavioural targeting devices, and evaluating the reliability of advertising devices.
Since 2023, the KSA has issued around €400,000 in fines to operators including Bingoal, bet365, TOTO, BetEnt, and JOI Gaming for breaches of advertising rules.
State Secretary Claudia Van Bruggen is currently leading efforts to refine the regulatory framework, balancing stricter compliance requirements with broader consumer protection goals.
