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Both the exclusive semi-permanent licences and the non-incidental games of chance licences have a duration of up to five years commencing on the date of award. Bingo can be offered under the small-scale gambling exception, subject to the conditions in Article 7c BGA. That said, the forthcoming regulatory regime will introduce a provision explicitly establishing that poker falls within the scope of the BGA. Marketing activities of a licensed operator are subject to strict advertising standards set out in Article 4a BGA. Netherlands: Gambling ICLG - Gambling Laws and Regulations - Netherlands covers common issues in gambling laws and regulations β€” including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability β€” in 39 jurisdictions. Besides the prohibition on offering unlicensed games of chance, the BGA prohibits, in Article 1 1 b , the promotion of unlicensed games of chance and, in Article 1 1 c , the knowing participation in unlicensed games of chance. Finally, new and more stringent fining policy rules were published on 27 February Gambling debts are not enforceable, unless there has been fraud, deceit or a scam. Games of chance that qualify as a promotional game of chance are exempt from the requirement to be licensed under Article 1 1 a BGA. Moreover, the NGA performs periodic research on affiliate marketing for remote games of chance and has subsequently imposed cease and desist orders on several affiliates. Pursuant to Article 16 1 BGA, only one licence can be awarded, from which the revenues generated are destined for sports, culture, social well-being and public health. Offering horse-race betting including trot racing is permitted under the totalisator licence, as laid down in Article 23 BGA. Does not fall within the competence of the Gambling Authority. Subject to certain conditions being met, small-scale gambling is exempt from the need for a licence. Lotto is the opportunity for participants to predict a given quantity of symbols from a predefined range from which a draw is then made, according to Article 27a 2 BGA. Chapter Content Free Access 1. Although remote gambling is still prohibited in the Netherlands, the product offering under the e-commerce route see question 2. Different limits apply to slot machines located in Holland Casino venues. These licences all have been awarded on a semi-permanent or indefinite basis. Application for a Licence and Licence Restrictions 3. However, under some of the licences mentioned below, it is allowed to offer the licensed games of chance via e-commerce , under which the internet is seen merely as an additional sales channel. The NGA has eight weeks to decide on the licence application. At the time of writing, the RGA has not yet entered into force see section 5. During the transitional period lasting until the RGA has come into force, the NGA is enforcing the prohibition against unlicensed remote gambling on the basis of so-called prioritisation criteria, meaning that enforcement efforts are directed toward operators offering online games of chance using any of the following means:. All existing licences, apart from the slot machine sector and those available under Article 3 BGA, are exclusive. Have fines, licence revocations or other sanctions been enforced in your jurisdiction? A licence from the local municipality is required to have one or more machines available in given premises Article 30b BGA. Anticipated Reforms. The Ministry of Justice and Security has consulted on the draft versions of these two pieces of secondary legislation and the final versions still have to be published. Article 3 BGA does not specify a particular form of gambling but establishes that a non-incidental game of chance offered under this provision must serve the general interest. The Decree on Games of Chance: Recruitment, Advertising and Addiction Besluit werving, reclame en verslavingspreventie kansspelen and the Regulation of the same title Regeling werving, reclame en verslavingspreventie kansspelen provide further details on the provisions in the BGA. Licence holders have a duty of care to prevent underage gambling and to safeguard players against the risk posed by excessive gambling. In regard to the exclusive semi-permanent licences, the lack of a transparent licence allocation procedure has long been a source of contention and litigation:. Terminal-based gaming, in the sense of fixed-odds betting terminals or similar, is not permitted in the Netherlands. Who regulates it in land-based form? The first five policy documents mentioned above are from the NGA, i. Games which do not satisfy the definition of a game of chance do not fall within the scope of the BGA. Over the last 12 months, we have observed an uptick in the enforcement levels of the NGA, thereby imposing administrative sanctions on operators and cracking down on affiliate marketing see question 4. The Guidance Duty of Care only applies to current licence holders. There is currently no legal basis on which remote gambling licences can be awarded. Holland Casino is only allowed to offer the casino games specified in Article 4 1 Beschikking. Although not specified by the BGA itself, the games offered under Article 3 BGA take the format of lotteries, to which the following restrictions apply:. The licensee is obliged to pay 2. Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated? Besides the mentioned restrictions per Relevant Product in question 2. Article 14b 1 BGA establishes the basis for an instant lottery, which is provided subject to an exclusive semi-permanent licence. V and Holland Casino N. This lack of enforceability does not apply to prizes or premiums arising from gambling licensed under the BGA. Please include in this answer any material promotion and advertising restrictions. Instead, there are two categories of betting product:. Moreover, licence holders are obliged to take measures to prevent addiction arising through its products. Primary legislation: Betting and Gaming Act Betting and Gaming Tax Act Remote Gambling Act not yet in force.{/INSERTKEYS}{/PARAGRAPH} Gambling Authority. There is no cap on the number of available licences for non-incidental games of chance. Secondary legislation notes that for Article 3 licence applications to be processed, the following fees apply based on the total value of the prizes :. The RGA was adopted by the Senate on 19 February and is expected to enter into force on 1 July , with the first remote gambling licences expected to be granted on 1 January However, delay is to be expected as several hurdles still have to be crossed. Pursuant to the Money Laundering and Terrorist Financing Prevention Act Wet ter voorkoming van witwassen en financieren van terrorisme , it is compulsory for the state-owned land-based monopolist Holland Casino to report unusual transactions. In this regard, it is worth pointing out that the NGA is seemingly having trouble in collecting outstanding fines owed by foreign operators; to date they have not demonstrated that they have the authority to actually enforce the fines abroad. Weekly deposit limits apply to e-commerce participation by players, which are:. There are a variety of grounds on which the NGA is able to revoke a licence, which include not paying the games of chance fee Articles 33e and 33f BGA and cessation of business operations. Moreover, revenues generated from the State Lottery are for the benefit of the state. An instant lottery is one in which prizes are allocated to winning tickets before ticket sales commence. Orders for tickets can be taken in writing or electronically. Despite the unlawfulness of remote gambling, a considerable market exists; and although criminal enforcement is possible, enforcement primarily takes place by means of administrative law. The NGA has indicated that it can enforce against any operator that allows Dutch consumers to participate in its gambling offer. Relevant Authorities and Legislation 2. According to Article 1 1 a BGA, a game is considered a game of chance when the following two elements are present:. As with the sports betting licence, only one totalisator licence is allocated Article 24 BGA. Land-based gambling is currently taxed at a rate of The relevant tax base for slot-machines and casino gaming is GGR. Lotto B. Further requirements will be established by two pieces of secondary legislation:. Slot machine types are approved according to rules on player protection and the exclusion of minors, game play and game duration, game process and the average amount of money that can be won and lost over a given period of time Article 30n BGA. Enforcement and Liability 5. Given the fact that the casino licence and the State Lottery licence are indefinite, there is no licensing procedure for these two licences. {PARAGRAPH}{INSERTKEYS}ICLG - Gambling Laws and Regulations - Netherlands covers common issues in gambling laws and regulations β€” including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability β€” in 39 jurisdictions. The BGA does not provide for a definition of poker. A licence application procedure for a non-incidental game of chance was subsequently introduced in August and primarily requires that the appropriate application form is completed. Should the conditions of the Code of Conduct not be met, then the game will not benefit from the exemption to the prohibition in Article 1 1 a BGA. Two pools can be organised:. Whilst these three conditions were introduced in June , the list was expanded in June , so as to constitute:. A bill to privatise the state monopolist and relinquish that monopoly was withdrawn by the Minister of Legal Protection on 31 May , as it lacked support in the Senate. In July , the NGA published a draft policy rule which will give effect to the Postema motion , thereby stipulating that a remote gambling operator will not be eligible for a remote licence as the reliability of the operator in question is then not beyond doubt if it β€” in the two years prior to the date of the licence application β€” offered unlicensed games of chance and, within that two-year period, breached one of the applicable criteria. These criteria reflect the prioritisation criteria question 4. The NGA has also taken enforcement measures cease and desist orders against incumbents e. Over the last few years, the NGA has issued a dozen administrative sanction decisions against operators who were breaching the BGA by offering unlicensed games of chance on the Dutch market. All published sanction decisions can be found on the website of the NGA. The commercial land-based offering of poker is restricted to Holland Casino. There is no cap on the number of available licences for slot machines. The Staatsloterij B. Under the Vergunning Instantloterij β€” , a maximum of million instant lottery tickets scratch cards can be sold per calendar year in retail shops. For all other land-based offers, the value of the prize is the relevant tax base. It is important to note that the prioritisation criteria are non-exhaustive. Article 15 2 BGA describes sports betting as providing an opportunity for participants to guess or predict the results of sporting competitions, other than those subject to a horse-racing betting licence. In the future, the aforementioned duty to report will also apply to remote gambling licensees. As of yet, virtual currencies cannot be used for gambling in the Netherlands, nor is there any regulation in place.