The Remote Gambling Act will most likely enter into force on March 1, 2021. Further to the publishing of secondary legislation earlier this year, in late September the Dutch Gambling Authority (DGA), which supervises and regulates games of chance in the Netherlands, published a draft list (in Dutch) on the material and documents that must be submitted in order to apply for a remote gaming licence.
The following is an abbreviated overview of information the DGA expects to receive from applicants.
Applying for a licence to provide remote games of chance will be performed over a DGA online platform. The application must be submitted in Dutch and a certified translator must be used to translate all official documents.
Each applicant must submit an extract from the trade register and its articles of association, which should not be older than 60 days.
The licence is subject to strict requirements for reliability. This not only concerns the reliability of the applicant, but also applies to other persons and legal entities that have or have had a relevant relationship with the applicant.
Stakeholders (and indirect stakeholders) must complete an extensive questionnaire. An organisational chart should also be submitted, providing an overview of the mutual relationships between the legal persons involved.
The applicant must produce a statement by an auditor that the company is not bankrupt, under liquidation, incurring suspension of payments or seizure of 5% or more of its assets. This statement cannot be older than 30 calendar days from the date of application.
Prevention of addiction
The applicant must have a legal representative active in the field of addiction prevention in the Netherlands.
The applicant must consult with experts to develop an addiction-prevention policy, which should be in line with the Dutch system for addiction care. The applicant should also describe the characteristics of the games of chance being offered and the risk factors they pose.
The applicant must submit a plan for organising supervision in the coming period, covering at least a 12-month period and containing a description of the safeguards that will be taken for the structure and operation of internal supervision. The plan should include safeguards for the separation of management and internal supervision and for the independent functioning of internal-supervision officers.
Dutch national player exclusion database (CRUKS)
A licenced operator has the responsibility to ensure that players registered in the CRUKS database are prevented from accessing online games. To this end, the applicant must submit a procedure to verify whether a player is registered in the CRUKS and if so, the applicant should specify the safeguards in place to ensure that the listed player is prevented from participating.
An applicant must submit policies on integrity, advertising and subcontracting. Furthermore, policy rules regarding payment transactions and match fixing must also be submitted.
This brief overview is based on a preliminary draft list. The final list may contain adjustments, but it is clear that companies planning to submit applications for licences to operate online games of chance in the Netherlands must provide extensive information to the DGA.
We advise that all interested parties begin preparing their applications as soon as possible so that you have all the information available on 1 March 2021 when it will be possible to apply for a license. For more information on applying for a remote-gambling licence, contact your regular CMS partner or local CMS experts.