Juli 2013
Explanation intended for
providers of games of chance
regarding the exercise of the
Authority under Section 35a of
the Betting and Gaming
Act/Online Games of
Chance/Gambling.
Providers of games of change on the
Dutch market require a licence to do so.
No licences for online games of change
are currently being issued pending the
new Betting and Gaming Act regarding
online games of chance.
Providing games of chance without a
licence is considered to be a infringement,
for which the maximum fine is EUR
780,000 (July 2013). The maximum fine
is periodically adjusted. Fines are
imposed by the Board of Directors of the
Gaming Authority. This has been laid
down in Section 35a of the Betting and
Gaming Act.
In principle, if you are a provider of
an online game of chance on the
Dutch market,
you do not have the required licence and
you are considered to be in breach.
Regulators of the Gaming Authority may
draw up a report about you in which the
infringement is described and any
documentary evidence is included.
You will receive a copy of the report along
with a file. In this file, you will find all
relevant information regarding your case,
as recorded by the Gaming Authority.
What happens after the report?
1. You will be invited to present your
views. This may be done in writing,
in which case you have to send
your response to the Gaming
Authority. However, you may also
give your opinion orally, in which
case the Gaming Authority
organises a hearing. Hearings
always take place at the offices of
the Gaming Authority in The
Hague. A report of the hearing is
drawn up of which you will also
receive a copy.
2. You are also allowed to send in any
documents you think are
important.
3. Your response is included in the
decision regarding the report.
4. In principle, decisions of the
Gaming Authority are published on
its website. You are allowed to
express your views on this
particular process as well.
What types of decision may be made?
The Gaming Authority may reach the
conclusion that there is indeed an
infringement, in which case a fine and/or
penalty may be imposed.
The Gaming Authority may also reach the
conclusion that there is no infringement,
in which case no fine and/or penalty is
imposed.
You will receive the decision regarding the
report.
Publication
The Gaming Authority deletes the names
of natural persons from the report before
the decision regarding the report is
communicated to the public. Company
confidential information is also deleted
Juli 2013
from the report.
This is done to create a so-called public
version of the decision. This version is
published on the website of the Gaming
Authority. If you do not agree to this, you
may request a preliminary injunction from
the The Hague District Court. You have 14
days to request a preliminary injunction.
This term commences after you have been
notified of the decision.
If you do not agree with the decision,
you may lodge a notice of objection. The
steps involved in lodging a notice of
objection are explained in the decision.
Representation
We advise you to arrange to be
represented by an authorised
representative or a lawyer who is familiar
with the Dutch legal system and who is
able to represent you.
Are you a foreign provider?
The Gaming Authority assumes that
companies and persons who actively
provide Dutch language games of chance
on the Dutch market have a sufficient
knowledge of the Dutch language, or that
they have Dutch speaking staff members
who enable this active provision of games
of chance on the Dutch market. Therefore,
the Games of Chance Authority does not
provide translation or interpreting
services.