Gambling

Dutch gambling policy and legislationving

Dutch gambling policy is aimed at protecting players and preventing misconduct. Gambling may only be offered with a licence and under strict conditions, to protect consumers from addiction and fraud and to combat criminal activity such as money laundering. This policy is laid down in the Dutch Betting and Gaming Act (Wet op de Kansspelen (Wok)) and supplementary legislation.

The independent regulator, the Netherlands Gambling Authority (Kansspelautoriteit (Ksa)), plays a central role. The Ksa grants licences to operators, monitors compliance with laws and regulations, and acts against illegal gambling activities. The Ksa is also responsible for preventing gambling addiction, for example by managing the Cruks exclusion register, and for providing education to both players and operators. The ultimate objective is a safe and fair gaming environment in which players can trust that legal games of chance are conducted fairly and that operators act responsibly.

Online gambling

For many years, online gambling was not permitted in the Netherlands. This changed with the entry into force of the Remote Gambling Act (Wet Kansspelen op Afstand (Koa)). Since 1 October 2021, online gambling has been legal, provided the operator holds a licence issued by the Ksa. This has created a regulated online gambling market with strict requirements regarding addiction prevention, advertising, and duty of care for vulnerable players.

Foreign operators wishing to enter the Dutch market must first apply for a licence and comply with Dutch rules. This includes checking the Cruks register and complying with advertising and anti-money laundering guidelines. Franssen Tolboom has successfully assisted numerous online casinos and betting operators with their licence applications under the Koa regime, including several parties among the first ten licensees.

Land-based gambling

For land-based casinos, the slot machine sector, lotteries, and sports betting, the Dutch system remains largely licence-based and partly monopolised. Land-based casinos are operated exclusively by Holland Casino (a state-owned enterprise), and a single licence exists for horse racing (totalisator), TOTO (sports betting), scratch cards (instant lottery), the Lotto, and the State Lottery.

Other lotteries, such as charity lotteries, are subject to an open licensing regime under the supervision of the Ksa. The slot machine sector is liberalised, though operators must obtain both a municipal presence permit (aanwezigheidsvergunning) and an operating licence from the Ksa. Our team has in-depth knowledge of these complex licensing structures and the associated regulations.

We advise both new entrants and established land-based operators on all legal aspects of their operations, from location policy and licensing conditions to modernising the casino regulatory regime.

Licensing, compliance and enforcement

Obtaining a gambling licence in the Netherlands is a demanding process. Franssen Tolboom is the law firm of choice to guide operators through this procedure.

We support gambling providers at every stage of the licence application process—from the preparatory phase (including advice on the business plan, game offering, technical requirements, and compliance organisation) to submitting the application (via the Ksa portal) and liaising with the regulator. Our experience with the Ksa’s requirements and procedures allows us to help clients avoid common pitfalls and maximise the chances of obtaining a licence efficiently. We have even developed a digital portal with all relevant information to support this process.

In addition to licensing, we offer comprehensive advice on regulatory compliance. This includes complying with relevant laws, licence conditions, and self-regulatory frameworks (codes of conduct). Gambling law and regulation are constantly evolving, making it challenging for licence holders to remain compliant. Our lawyers are well-versed in all relevant obligations, including advertising and marketing rules, addiction prevention measures, and financial duties such as gambling tax (kansspelbelasting) and contributions to the Addiction Prevention Fund (Verslavingspreventiefonds). We ensure our clients are informed of new rules and policy developments in time to proactively adapt their operations. Compliance is essential for both the reputation and continuity of a gambling business.

If a client is faced with heightened regulatory scrutiny or enforcement by the Ksa, we provide robust legal assistance. Franssen Tolboom has its roots in administrative enforcement and sanctions law, and our specialists have decades of experience advising and representing clients in investigations, fines, and other enforcement actions.

In cases of warnings, orders subject to penalty payments, high fines for alleged violations, or disputes over licence conditions, our specialists guide the client through the entire process. We consult with the Ksa where appropriate to find practical solutions, or represent clients in objection and appeal proceedings. Thanks to our extensive expertise in both substantive gambling law and administrative (procedural) law, we develop effective legal strategies to protect our clients’ interests.

Our clients in the gambling sector

Our integrated approach and sector expertise allow us to advise a broad spectrum of clients in the gambling sector, both national and international, ranging from startups to established (publicly listed) market leaders. Our client base includes:

• B2C gambling operators, such as online casinos, bookmakers, and lotteries (including Dutch licence holders);
• B2B providers and suppliers, including platform providers, game developers, and developers of gambling software or lottery systems;
• Testing laboratories and certification bodies for gambling systems and software;
• Financial institutions and payment service providers serving the gambling sector;
• Investors (including private equity) in gaming and gambling companies;
• Media and entertainment businesses linked to gaming and gambling (e.g. esports organisations, marketing agencies);
• IT and hosting providers offering infrastructure to gambling operators;
• Public authorities and regulators (national and international) seeking expertise on Dutch and European gambling regulation.

International projects and recognition

Gambling regulation does not stop at national borders. As a gaming and gambling specialist, Franssen Tolboom is involved in numerous international projects and partnerships. Our experts serve as (board) members of leading networks such as the International Masters of Gaming Law (IMGL) and the International Association of Gaming Advisors (IAGA). Through these networks, we stay up to date with international trends and developments, and can call upon leading lawyers in other jurisdictions for cross-border matters.

Our specialists regularly speak or moderate at key (international) conferences and events in the gambling industry. We also publish frequently in trade journals and legal reports. Team members contribute to publications such as the International Comparative Legal Guide (ICLG) and The Gambling Law Review, and write legal commentary on relevant case law.

Franssen Tolboom is internationally recognised in the gaming industry. As mentioned, independent rankings confirm our expertise: Chambers & Partners consistently places us in the top tier for gaming, and in 2023 we were named the Best Regulatory Law Firm Worldwide by VIXIO Regulatory Compliance.